RAILROAD COMMISSION OF OHIO _ RULES OF PRACTICE BEFORE THE COMMISSION CASES AND PROCEEDINGS COLUMBUS, OHIO: THE F. J, HEER PRINTING Co, 1913 4 . Lf ; i” m AEA ~ j f 3 ‘ ‘ . Bs, A S . i \ : y 4 x f \ y ; ‘ a} j : : ra ‘ ; % ‘ AY) ¥ -" + ‘ (irae : Lit ¥ 4 ’ : Rules of Practice Before the Commission In Cases and Proceedings Under the Laws of Ohio. PUBLIC SESSIONS. The general sessions of the Commission for hearing con- tested cases will be held at its office in the Capitol in the City of Columbus on such days and at such hours as the Commission may designate. When special sessions are held at other places, such regula- tions as may be necessary will be made by the Commission. Sessions for receiving, considering and acting upon petitions, applications and other communications, and also for considering and acting upon any business of the Commission other than the hearing of contested cases, will be held at its said office daily when the Commission is in Columbus. i PARTIES TO CASES. Any person, firm, company, corporation or association, mer- cantile, agricultural or manufacturing society, body politic or municipal organization, or railroad, may complain to the Com- mission by petition, of anything done, or omitted to be done, by any common carrier, or carriers, in violation of the provisions of the laws of Ohio, subject to the jurisdiction of the Com- mission. Where a complaint relates to the rates or practices of a single carrier, no other carrier need be made a party, but if it relates to matters in which two or more carriers, engaged in transportation by continuous carriage or shipment, are interested, the several carriers participating in such carriage or shipment are proper parties defendant. 2 Where a complaint relates to rates or practices of carriers operating different lines, and the object of the proceeding is to secure correction of such rates or practices on each of said lines, all the carriers operating such lines must be made defendants. When the line of a carrier is operated by a receiver or trustee, both the carrier and its receiver or trustee should be made de- fendants in cases involving transportation over such line. Persons or carriers not parties may petition in any proceed- ing for leave to intervene and be heard therein. Such petition shall set forth the petitioner’s interest in the proceeding. Leave granted on such application shall entitle the intervener to appear and be treated as a party to the proceeding, but no person, not a carrier, who intervenes in behalf of the defense, shall have the right to file an answer or otherwise become a party, except to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel on the argument of the case. Le Sie COMPLAINTS. Complaints of unlawful acts or practices by any common carrier, must be by petition or complaint, setting forth briefly the facts claimed to constitute a violation of the law. The name of the carrier or carriers complained against must be stated in full, and the address of the petitioner, with the name and address of his attorney or counsel, if any, must appear upon the petition. The complainant must furnish as many copies of the petition as there may be parties complained against to be served. The Commission will cause a copy of the petition, with notice to satisfy or answer the same within a specified time, to be served, personally or by mail in its discretion, upon each carrier complained against. Ve ANSWERS. A carrier complained against must answer within ten days from the date of the notice above provided for, but the Com- 3 mission may, in a particular case, require the answer to be filed within a shorter time. The time prescribed in any case may be extended, upon good cause shown, by special order of the Com- mission. The original answer must be filed with the Secretary of the Commission at its office in the City of Columbus, and a copy thereof at the same time served, personally or by mail, upon the complainant, who must forthwith notify the Secretary of its receipt. The answer must specifically admit or deny the material allegations of the petition, and also set forth the facts which will be relied upon to support any such denial. If a carrier complained against shall make satisfaction before an- swering, a written acknowledgment thereof, showing the char- acter and extent of the satisfaction given, must be filed by the complainant, and in that case the fact and manner of satisfac- tion without other matter, may be set forth in the answer. If satisfaction be made after the filing and service of an answer such written acknowledgment must also be filed by the complain- ant, and a supplemental answer setting forth the fact and manner of satisfaction must be filed by the carrier. V. NOTICE IN NATURE OF DEMURRER. A carrier complained against who deems the petition or com- plaint insufficient to show a breach of legal duty, may, instead of answering, or formally demurring, serve on the complainant notice of hearing on the petition; and in such case the facts stated in the petition will be deemed admitted. A copy of the notice must at the same time be filed with the Secretary of the Commis- sion. The filing of an answer, however, will not be deemed an admission of the sufficiency of the petition, but a motion to dis- miss for insufficiency may be made at the hearing. VI. SERVICE OF PAPERS. Copies of notices or other papers must be served upon the ad- verse party or parties, personally or by mail ; and when any party 4 has appeared by attorney, service upon such attorney shall be deemed proper service upon the party. VA AFFIDAVITS. Affidavits to any pleading or application may be made before any officer of the United States, or of any State or Territory, authorized to administer oaths. VII. AMENDMENTS. Upon application of any party, amendments to any’ petition or answer, in any proceeding or investigation, may be allowed by the Commission in its discretion. IX. ADJOURNMENTS AND EXTENSIONS OF TIME. Adjournments and extensions of time may be granted upon the application of any party in the discretion of the Commission. X. STIPULATIONS. The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the Secre- tary, agree upon the facts, or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evi- dence on the hearing. It is desired that the facts be thus agreed upon whenever practicable. a XI. HEARINGS. Upon issue being joined by the service of an answer or notice of hearing on the petition, the Commission will assign a time and place for hearing the case, which will be at its office in the City of Columbus, unless otherwise ordered. Witnesses will be exam- ined orally before the Commission, unless their testimony be taken or the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the carrier complained against admits the same or fails to answer the petition. The car- rier must also prove facts alleged in the answer, unless admitted by the petitioner, and fully disclose its defense at the hearing. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require. Cases shall be argued orally upon submission of the testi- mony, unless a different time shall be agreed upon by the parties or directed by the Commission, but oral arguments may be omitted in the discretion of the Commission. XII. DEPOSITIONS. The testimony of any witness may be taken by deposition, at the instance of a party, in any proceedings or investigation be- fore the Commission, and at any time after the same is at issue. The Commission may also order testimony to be taken by deposi- tion, in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or su- perior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any state of the United States, or any notary public, not being of counsel or attorney to either of 6 the parties, or otherwise interested in the proceeding or investiga- tion. The same notice of taking depositions that is required by the laws of Ohio in taking depositions in civil cases must be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition, and a copy of such notice shall be filed with the Secretary. When testimony is to be taken on behalf of a common carrier in any proceeding instituted by the Commission on its own mo- tion, notice thereof in writing must be given by such carrier to the Commission itself, or to such person as may have been pre- viously designated by the Commission to be served with such notice. Every person whose deposition is taken shall be sworn (or may affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writ- ing, which may be typewriting, by the magistrate taking the depo- sition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the witness. XIII. WITNESSES AND SUBPOENAS. Subpcenas requiring the attendance of witnesses from any place in the State of Ohio to any designated place of hearing, for the purpose of taking the testimony of such witnesses orally be- fore one or more members of the Commission, or by deposition before a magistrate authorized to take the same, will, upon the application of either party, or upon the order of the Commission directing the taking of such testimony, be issued by any member of the Commission. Subpeenas for the production of books, papers, or documents (unless directed to issue by the Commission upon its own motion) will only be issued upon application in writing. Applications to compel a party to the proceeding to produce books, papers or documents need only set forth in a general way the books, pa- pers or documents desired to be produced, and that the applicant 7 believes they will be of service in the determination of the case. Each witness who shall appear before the Commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chair- man of the Commission. Provided, that no witness subpoenaed at the instance of parties other than the Commission shall be entitled to compensation from the state for attendance or travel unless the Commission shall cer- tify that his testimony was material to the matter investigated. LW, PROPOSED FINDINGS AND BRIEFS. Proposed findings embracing the material facts claimed to be established by the evidence, and referring to the particular part: of the record relied upon to support each finding proposed, may be filed by each party. Printéd or written arguments or briefs may be filed by any party. A copy of the proposed findings, brief or argument filed on behalf of any party, must at the same time be served upon the adverse party or parties, personally or by mail, and notice of such service thereupon filed with the Secretary of the Commission. The time within which proposed findings and printed or written arguments or briefs shall be filed in any case will be determined by the Commission upon submission of the testimony. XV. REHEARINGS. Applications for reopening a case after final submission, or for rehearing after decision made by the Commission, must be by petition, and must state specifically the grounds upon which the application is based. If such application be to reopen the case for further evidence, the nature and purpose of such evidence must be briefly stated, and the same must not be merely cumula- 8 tive. If the application be for a rehearing, the petition must specify the findings of facts and conclusions of law claimed to be erroneous, with a brief statement of the grounds of error; and when any recommendation, decision or order of the Commission is sought to be reversed, changed or modified on account of facts and circumstances arising subsequent to the hearing, or of con- sequences resulting from comphance with such recommendation, decision or order which are claimed to justify a reconsideration of the case, the matters relied upon by the applicant must be fully set forth. Such petition must be duly verified, and a copy thereof, with notice of the time and place when the application will be made, must be served upon the adverse party at least ten days be- fore the time named in such notice. XVI. PRINTING OF PLEADINGS, ETC. Pleadings, depositions, briefs and other papers of impor- tance shall be printed or in typewriting, and when not printed, only one side of the paper shall be used. NIT: COPIES OF PAPERS OR TESTIMONY. Copies of any petition, complaint or answer in any matter or proceeding before the Commission, or of any order, decision or * opinion by the Commission, will be furnished without charge, upon application to the Secretary by any person or carrier party to the proceeding. One copy of the testimony will be furnished by the Commis- sion for the use of the complainant, and one copy for the use of the defendant, without charge, and when two or more complain- ants or defendants have appeared at the hearing, such complain- ants or defendants must designate to whom the copy for their use shall be delivered. 2; XVIII. COMPLIANCE WITH ORDERS AGAINST CARRIERS. Upon the issuance of an order against any carrier or carriers, after hearing, investigation and report by the Commission, such carrier or carriers must promptly, upon compliance with its re- quirements, notify the Secretary that action has been taken in conformity with the order; and when a change in rates is re- quired, such notice must be given in addition to the filing of a schedule or tariff showing such change in rates. 8 8.& INFORMATION TO PARTIES. The Secretary of the Commission will, upon request, advise any party as to the form of petition, answer or other paper neces- sary to be filed in any case, and furnish such information from the files of the Commission as will conduce to a full presentation of facts material to the controversy. XX. ADDRESS OF THE COMMISSION. All complaints concerning anything done or omitted to be done by any common carrier, and all petitions or answers in any proceeding, or applications in relation thereto, and all letters and » telegrams for the Commission, must be addressed, Railroad Com- mission of Ohio, Columbus, Ohio, unless otherwise specially directed. XXI. RULES OF EVIDENCE. In the taking of testimony the rules of evidence common to courts of law will be observed. val FORMS. No. 1.—Complaint against carrier. No. 2.—Answer. No. 3.—Notice by carrier under Rule V. No. 4.—Subpeena. 13 FORMS These forms may tc used in cases to which they are applica- ble, with such alterations as the circumstances may render necessary. No. 1. COMPLAINT AGAINST CARRIER. RAILROAD COMMISSION OF OHIO. Bae we aabaelwde sa Yea: 6) el ai ee ov @ €) 0) 6 010 @ Orel € ete 6 0 6 0-6) 0,70 Pieaele To) bien) 6. (6° 18.0) & .0.'e) ae he) Oe) a) ©, 6) 610 ea Oe, Ore oO 6 16) de 6.0: 07 06 1. (State occupation and place of business.) Depriatiel epic: «el vie) else. ee @l6 © 6 0 0 \6, 096 14) @ (0 6.6, (6 'e~0" 0.20" .6 10 j6 (0 (eeu e (6 GG (0.0 ©. 8" $e 'e6; o- ¢ ei) 6 Davis's at slstt.'a sno of 6) 0) enh 6 d 615) O18) se ececnice, ee) 6 16. a. ere. 6 50 6 © 1% el b «6 € 6! 6. 6 wie 60 @. 6 en, Miuiie! Swe) ew els (ee @ 6 4's. S10: £16, 6) Ole © 60,6. 6.6 €) 6 16 @ eee 6 66 6. 6 © 6 CLe 6 60 6.8 (0 1 @ Oe O86 2. That the above named Rail.... Company is a common carrier, engaged in the transportation of persons and property by railroad between points in the State of Ohio. 3. That (here state concisely the matters intended to be complained of, numbering each succeeding paragraph.) See Se ee eae) Cee ee eb 6 Wt 6 6 6 Oe) 0.6 kate et © © @. 6 0 00 6 6 6) 6.0 6 6 © 8 6 0 6 o 8 6.6 & 6 0 0.8 ee 14 Wherefore, petitioner prays that the aforesaid Rail.. Com- pany be required to answer the charges herein and that after due hearing and investigation an order be made commanding said Rail.... Company to cease and desist from said violations of the laws herein complained of, and for such other and further orders as the Commission may deem necessary and just in the premises. (Prayer may be varied so as to ask for the ascertain- ment of lawful rates or practices, and an order requiring the car- rier to conform thereto.) PALO AD Oh ghd uh ds vais sues eaten SANS Vane ane day: oft 3. eeeees BASE LD-PLO shea SN ALE RENE D TT ae ety Nk , Petitioner. No. 2. ANSWER. RAILROAD COMMISSION OF OHIO. against BS ree Rail ..