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(11) Circumstances not specifically covered by the above instructions will be handled in such manner as to meet the needs of the situation.
16. Modified Procedure
When, in December, 1923, the Interstate Commerce Commission adopted the shortened procedure as a part of its formal procedure, the commission authorized one of its number to conduct further experiments with a view to shortening and making less expensive the procedure in cases in which the issues are more complicated than those in cases handled under the shortened procedure, and in which it is assumed that an oral hearing is necessary. This method is designated the "modified procedure," which has already been set on foot by consent of all the interested parties in a limited number of cases. The designated commissioner addressed the application of the modified procedure to a certain case as follows:
“As the initial step in this experiment, the following order of procedure is suggested in this case:
“(1) The complainant will file with the commission and serve upon counsel for the defendants and upon counsel for any interveners a complete statement of the facts upon which reliance is had to support the allegations of the complaint, together with copies of all exhibits. At the earliest practicable date after the case is at issue defendants and interveners shall furnish to the other parties and to the commission the names of counsel who will be in charge of the defense and the intervention and to whom copies of the statements and exhibits should be transmitted. Complainant should be prepared to furnish two copies of its statement of fact and exhibits to each of the other parties who expect to participate actively in the case and two copies to the commission.
"(2) Within thirty days after filing of complainant's statement of facts and exhibits the defendant or defendants will likewise file with the commission and serve upon the complainant and intervener two copies of their statement of facts and exhibits.
"(3) Any one entitled under the act to complain to the commission may petition to intervene on allegations reasonably pertinent to the issues and which do not unduly broaden them. It is desirable that the petition be filed at as early a date as is practicable after the complaint is at issue and that its filing should not await the oral hearing, if had.
“(4) The statements of fact should be in narrative form and be a composite of the testimony of all of the witnesses who would be called by the parties if oral hearing were had as to all of the facts.
"(5) When all the memoranda of fact and exhibits have been filed, an examiner will prepare a memorandum enumerating (a) the points upon which the parties are agreed; (b) the points regarding which they agree only in part; and (c) points regarding which they are not agreed, copies of which memorandum will be mailed to the parties.
“(6) If there is agreement as to all of the facts oral hearing may be waived. In such event the parties should notify the commission within five days from the service of the examiner's memorandum that oral hearing may be dispensed with. Within thirty days from the date of such notification a written argument upon the facts may be filed. Thereafter the procedure will in all respects be the same as if the case had been orally heard.
"(7) Immediately after the case is formally opened for hearing the examiner will informally direct the parties' attention to the points regarding which they have agreed only in part and points regarding which they are not agreed, with a view to having them compose their differences in whole or in part and stipulate into the record an agreed statement of all of the facts or leave for oral hearing as few disputed questions as possible. To make them a part of the record and to obviate any misunderstanding, the examiner, at the conclusion of the informal discussion, will request the parties to state whether or not they will stipulate into the record as a part thereof all of the statements of fact, exhibits and facts which have been agreed upon at the informal discussion.
"(8) The case will then proceed to hearing solely upon those points concerning which agreement has not been reached.
"(9) To avoid delay in the service of a proposed report by the examiner, it is suggested that wherever possible and practicable the parties should be prepared at the conclusion of the oral hearing to orally argue the case before the examiner and should waive filing of briefs.”
17. Pertinent Data
The following, generally, are considered pertinent data where relevant:
(1) Whether complainant is an individual, partnership, association, or corporation. If an individual, his or her residence; if a partnership, names of the partners. Complainant's business and principal place thereof.
(2) Description of commodity (where classification rating is involved-form, packing, liability to damage and to contaminate other freight, value), and date, origin, destination, weight, consignor, and consignee of the shipments.
(3) Rate charged, and minimum weight and any reconsignment or transit arrangements applicable, with tariff authority therefor; charges collected; number of cars involved and weights of the contents.
(4) Route of movement of each shipment; routing instructions and by whom given; whether rate was inserted in bill of lading.
(5) Date of delivery or tender of delivery of each shipment, when question of statute of limitations is involved.
(6) Where case has been filed previously on the informal docket, papers therein should be stipulated into the record.
(7) Distances, and how computed. If more than one route exists between the points involved, short line, average, and long line distances,
(8) History of rate.
(9) Rate comparisons, together with transportation conditions, and movements under such rates, etc.
(10) Right of complainant to any refund which may be ordered. Whether goods were sold f. o. b. origin, destination, or elsewhere, by whom the charges were paid in the first instance, and how complainant was damaged. (11) Exact relief sought.
(12) Facts and contentions to justify existence of lower rates between same points in opposite direction.
(13) Where unjust discrimination or undue prejudice or preference is alleged —whether complainant, his locality, or traffic is discriminated against or prejudiced. How complainant was damaged by such discrimination.
(14) Where fourth section departures exist, justification by defendants for such departures. 18. Publications
(a) The Interstate Commerce Act, Revised to August 1, 1923. Government Printing Office, Washington, D. C. Price, 20 cents.
(b) Annual Report, Interstate Commerce Commission. Government Printing Office, Washington.
(c) Price List No. 59 of Publications of the Interstate Commerce Commission, free, upon application to Superintendent of Documents, Government Printing Office, Washington, D. C. This volume contains price lists of such publication as :
(1) Pamphlets on safety matters.
(2) Pamphlets which give the rules governing classification and prescribe classification and forms for various accounting items for steam railroads, sleeping car companies, pipe lines, and carriers by water.
(3) Publications which show the uniform system of accounts prescribed for express companies, electric railways, telephone companies, and telegraph and cable companies.
(4) Pamphlets which give interpretation of the accounting classifications embodied in the uniform systems of accounts for telephone companies, carriers by water, express companies, electric railways, and steam railroads.
(5) Statistical publications, including orders on freight commodity statistics, manner of reporting block signal and train order statistics, rules on operating statistics of large steam railroads and classification of steam railroad employees and compensation: classification of telephone employees, train miles and car miles.
(d) Free Price List No. 59 of Government Publications of the Interstate Commerce Commission, for sale by the Superintendent of Documents, Washington, D. C.
(e) Price List No. 25 of Government Publications on Transportation, for sale by the Superintendent of Documents.
Tin te were (fran-4-5CESEC ir such statutes á: that provi?!gia"
eircisicea mara tine to time alter the distrib:1:1. amg tre :21:52: 5.cer his department of the derby allowed by law as I was firsty and proper to do”: 2 providing for adına son of womt. t. dearmente cierasts :: authorizing the President to preveribe regulations for acminci persons into the civil service of the United States ; 4 giving preference to veterans when diminishing the personnel of a department.6
The commission was organized on March 9, 1883. The first classification of the service applied to the departments at Washington and to post offices and custom houses having as many as 50) employees, embracing 13,294 employees. The commission then consisted of three commissioners, the chief examiner, secretary, stenographer, and messenger boy. On June 30, 1924, there were 554,986 otticers and employees in the executive civil service. Examinations were held in the principalities throughout the country through the agency of local boards
of examiners, of which there are approximately 4,000. The members of these boards are detailed from other branches of the service. During the fiscal year ended June 30, 1924, the commission examined 225,720 persons, and of this number 67,352 were appointed. The present force of the commission consists of 292 clerks and examiners and 30 subclerical employees at Washington and 157 employees in the field service. 3. Subsequent Acts
The Retirement Act of May 22, 1920,6 authorizes the commission to issue certificates permitting the retention of employees beyond retirement age upon official request of the department concerned. The commission is also required to keep such information concerning individual service as may be deemed necessary to a proper determination of rights under the Retirement Act, and furnish the Commissioner of Pensions such reports as he shall from time to time request as necessary to the proper adjustment of any claim for annuity; and also to keep needful tables and records required for carrying out the provisions of the Retirement Act, including data showing mortality, experience of the employees in the service, and the percentage of withdrawals from the service.
The commission also holds examinations in Hawaii, Porto Rico, and the Philippine Islands. Under the rules, it is required to render all practical assistance
. to the Philippine Civil Service Board.
Appointments of unskilled laborers in the departments at Washington and in all branches of the service in certain other cities and certain branches of the service in all cities are required to be made in accordance with regulations promulgated by the President, restricting appointments to applicants who are rated highest in physical condition. This system is outside the Civil Service Act, and is auxiliary to the civil service rules. 4. Rules Promulgated by the President ?
Rule 1. Politics and Religion.—(1) No person in the executive civil service shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof. Persons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.
(2) No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the executive civil service against or in favor of an applicant, eligible, or employee in the classified service because of his political or religious opinions or affiliations.
6 41 Stat. 614.
7 Const. U. S. art. 2, § 2, par. 2. Opinions of Attorney General : 29 Op. Atty. Gen. 116, of June 1, 1911; 13 Op. Atty. Gen. 516, of Aug. 31, 1871; 15 Op. Atty. Gen. 208, of March 20, 1877; United States v. Perkins, 116 U. S. 483, 6 S. Ct. 449, 29 L. Ed. 700. 830 Op. Atty. Gen. 512, March 24, 1916.