E179 LIBRARY OF CONGRESS DD0DE73E13a v^■ ,0-' "^ *•/.• ^ O ♦«.«0» , ;* ^y '•^^ '^^. ''*'^* ;S^" ....%.'*"'"' .f ^-O* A ^. ■< . . s ' <0 **..^* /^fe'v \„./ :Mm^ %.*^ .'^^-^ \./ iS^-r. ^^ <"t> ■A ,%-..... '-^^ "•"' .^" ,.. "^^^ .\^" ....'V"^"''^'.^^" » , -1 • A^ tm;'^* '^ " " " >i^' K^./'V^^^^^.^^''^ ^' *7> 0387 ^5^ RULES OF PROCEDURE OF THE INTERNATIONAL JOINT COMMISSION ADOPTED PURSUANT TO ARTICLE XII OF THE TREATY BETWEEN THE U'.^ITED STATES AND GREAT BRITAIN, SIGNED JANUARY II, 1909 WASHINGTON, D. C. FEBRUARY 2, 1912 ^ WASHINGTON 1912 ■a Tgi TREATY OF JANUARY 1 1, 1909, BETWEEN UNITED STATES AND GREAT BRITAIN. Signed at Washington January 1 1, 1909. Ratification advised by the Senate March 3, 1909. Ratified by the President ^ , April i, 1910. Ratified by Great Britain March 31, 1910. Ratifications exchanged at Washington May 5, 1910. Proclaimed May 13, iqio. INTERNATIONAL JOFNT COMMISSION. Members appointed on part of United States March 9 . 1 9 1 1 . Members appointed on part of Canada. November 10, 191 1 Meeting of Commission for organizatio-i under Article XII of the treaty, at Washington January 10. 1912. Adoption and publication of Rules of Procedure in accordance with Article XII February 2. 1912. ^ V " "^ ^ RULES OF PROCEDURE OF THE INTERNATIONAL JOINT COMMISSION. The International Joint Commission, by virtue of the provisions of Article XII of the Treaty between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the Dominions beyond the Seas, Emperor of India, dated the nth day of January, 1909, hereby adopt the following rules of procedure : DEFINITIONS. 1. In the construction of these rules and the forms herein referred to (unless the context otherwise requires) words import- ing the singular number shall include the plural, and words importing the plural number shall include the singular; the term "party" or "parties" shaU include Governments and also persons permitted by these rules to take part in any proceedings before the Commission; the word "person" shall include individual, part- nership, or corporation, and "oath" shall include affirmation. MEETINGS. 2. Regular sessions of the Commission shall be held annually at Washington beginning on the first Tuesday of April and at Ottawa beginning on the first Tuesday of October. Special meetings may be held at such times and places in the United States and the Dominion of Canada as the chairmen of the two sections may determine. CHAIRMEN. 3. The commissioners of the United States section of the Com- mission shall appoint a chairman, to be known as the chairman of the United States section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission 4 RUIvES OF PROCEDURE. held in the United States, and in respect to all matters required to be done in the United States by the chairman of the Commission. The commissioners of the Canadian section of the Commission shall appoint a chairman, to be known as the chairman of the Canadian section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada, and in respect to all matters required to be done in Canada by the chairman of the Commission. In case it shall be impracticable for the chairman of either section to act in any matter, then the commissioner of such sec- tion next in order of appointment shall act in his stead. PERMANENT OFFICES. 4. The permanent offices of the Commission shall be at Wash- ington, in the District of Columbia, and at Ottawa, in the Dominion of Canada, and the secretaries of the United States and Canadian sections of the Commission shall, subject to the order of said respective sections, have full charge and control of said offices, respectively. DUTIES OP SECRETARIES. 5. The secretaries shall act as joint secretaries at all sessions or meetings of the Commission, and each shall keep an accurate permanent record of the proceedings and preserve the same in the permanent offices of the Commission. It shall also be the duty of each of them to receive and file all applications and other papers properly presented to the Commission in any proceed- ing instituted before it, and to number in numerical order all such applications ; and the number given an application shall be the file number for all papers and documents connected with such application. Each secretary shall also keep in the permanent office under his control a docket, in which he shall record the title of the application or other proceeding, separately in each case, the date of filing of the same, the name and post-office address of the attorneys of record, and a brief statement of the contents, together with proper reference to the files of t e original papers referred to in said docket. Each shall forward to the other for filing in the office of the other copies of all letters, documents or other papers received by him or filed in his office, pertaining to any matter before the Commission, to the end that there shall be on file in each office either the original or a copy of all official papers, documents, records and correspondence relating to matters at any tim.e pending before the Commission. INTERNATlONAIv JOINT COMMISSION. 5 APPLICATIONS. 6. In all cases to be submitted to the Commission under Articles III, IV and VIII of the Treaty the method of bringing such cases to the attention of the Commission and invoking its action shall be as follows: (a) Where one or the other of the Governments on its own initiative seeks the approval of the Commission for the use, obstruction or diversion of waters with respect to which under Articles III and IV of the Treaty the approval of the Commission is required, it shall file with the Commission an application setting forth as fully as may be necessary for the information of the Com- mission the facts upon which the application is based, and the nature of the order of approval desired. (b) Where any private person seeks the approval of the Com- mission for the use, obstruction or diversion of such waters, he shall first make written application to the Government within whose jurisdiction the privilege desired is to be exercised, to grant such privilege, and upon such Government, or the proper depart- ment thereof, transmitting such application to the Commission, with the request that it take appropriate action thereon, the same shall be filed and be proceeded with by the Commission in the same manner as an application on behalf of one or the other of the Governments. All applications by private persons should conform, as to their contents, to the requirements of subdivision (a) of this rule. 7. One duplicate original and 25 copies of the application shall be filed with each of the Secretaries, and there shall be filed with each of the Secretaries such drawings, profiles, and 'plans of sur- vey on tracing linen, and such specifications and maps, as may be necessary to illustrate clearly the matter of the application. 8. In cases where either of the respective Governments shall have authorized the use, obstruction or diversion of navigable waters, all plans filed as aforesaid shall be accompanied with the approval thereof by the Government or proper department of the Government within whose jurisdiction such waters lie. NOTICE AND PUBLICATION. 9. As soon as practicable after an application is made as here- inbefore in Rule 6 provided for, the Secretary of the section of the Commission appointed by the other Government shall forth- with send to such Government a notice in writing that the appli- cation has been made and a copy thereof. 6 RULES OF PROCEDURE. The Secretaries shall also, as soon as practicable after the ap- plication is made, cause to be published for three successive weeks in the Canada Gazette, and in two weekly newspapers, published one on each side of the international boundary line nearest the locality in which the use, obstruction, or diversion of waters is proposed to be made, a notice that the application has been made, and of the nature and locality of the proposed use, obstruction or diversion, and that all persons interested therein are entitled to be heard with respect thereto before the Commis- sion. STATEMENT IN RESPONSE TO APPLICATION. 10. Within 60 days after the filing of any such application the other Government, and with its consent any private person inter- ested, may file a statement with the Commission setting forth any fact or facts bearing on the subject-matter of the application and tending to defeat or modify the order of approval sought, or to require that the same be granted on condition, and setting forth whether the order of approval is opposed in whole or in part, and, if in part only, to what extent, and if it be desired that the approval be on condition, setting forth the particular condition or condi- tions upon which it is thought the order of approval should be granted. STATEMENT IN REPLY. 11. Immedi tely after such statement or statements are filed the Secretary shall send a copy of the same to the Government which shall have made the application or shall have filed the application on behalf of private persons, and the said Government or the priv te persons on whose behalf the application shall have been filed, one or both, may, within thirty days, file a statement or statements in reply, and the issues to be determined by the Com- mission shall be gathered from the application, statement or state- ments and reply statement or statements. SUPPLEMENTAL APPLICATIONS AND STATEMENTS. 12. If it shall appear to the Commission that either the appH- cation, the statement, or the reply statement, is not sufficiently full, definite and complete to enable the Commission to proceed intelligently, the Commission may require a more full, definite and complete application or statement or reply statement, as the case may be, to be filed. INTERNATIONAL JOINT COMMISSION. 7 INTERESTED PRIVATE PARTIES. 13. Any person interested in the subject matter of the appli- cation, whether for or against, is entitled to be heard by counsel at the final hearing, and may, through counsel, with the consent of his Government, conduct or assist in conducting all proceedings in the case subsequent to the application. PRELIMINARY HEARING. 14. If it appear to the Commission at any time before the hear- ing of the application that it would be advantageous to hold a preliminary meeting for the purpose of fixing or altering the plan of hearing, determining the mode of conducting the inquiry, the admitting of certain facts, or the proof of them by affidavit, or for any other purpose, the Commission may hold such meeting upon such notice to the parties as it deems sufficient, and may there- upon make such orders as it may deem expedient. PRELIMINARY COMMUNICATION WITH PARTIES. 15. The Commission may, if it thinks fit, instead of holding the preliminary meeting provided in rule 14, communicate with the parties direct, and may require answers to such inquiries as it may consider necessary. PRODUCTION AND INSPECTION OF DOCUMENTS. 16. Either party shall be entitled, at any time, before or at the hearing of the case, to give notice in writing to the party in whose application or statement or reply statement reference is made to any document, map, plan, or profile, to produce it for the inspection of the party giving such notice or his attorney or solicitor, and to permit him to take copies thereof; and any party not complying w4th such notice shall not afterwards be at liberty to put the same in evidence on his behalf in such proceedings, unless he satisfy the Commission that he had sufficient cause for not complying with such notice. SUBPCHNAS. 17. Subpoenas for the attendance and examination of witnesses and notice for the production and inspection of documents may be issued in the first instance under the signature of the secretary of the section of the country in which the witnesses reside. 8 RUIvES OP PROCEDURE. COMPElvLING ATTENDANCE OF WITNESSES, ETC. 1 8. All applications for subpoena or other process to compel the attendance of witnesses, or the production of books, papers, and documents before the Commission or the examiner, shall be made to the proper courts of either country, as the case may be, upon the order of the Commission or by the chairman of the section of the Commission of the country in which the witnesses reside or the books, papers, or documents may be, or by the examiner appointed under rule 19. DEPOSITIONS. 19. On application to the secretary of the section of the Com- mission in the country where depositions are proposed to be taken, any party may have a commission to take the depositions of witnesses, the commission to be signed by the secretary, to desig- nate the name of the examiner before whom depositions will be taken, and the time and place of taking, but need not designate the names of witnesses to be examined, and the secretary shall specify in the commission the length of notice to be given, in all cases requiring what he may deem ample time to enable the parties to be present. The examiner, who shall in all cases be an official having power in his own country to administer oaths, may issue subpoenas for witnesses to be examined before him. The testi- mony of all witnesses shall be taken under oath or affir- mation and the parties shall be entitled to attend and examine and cross-examine. The testimony so taken shall be confined to the subject matter in question, and any objection to the admis- sion of evidence shall be noted by the examiner and dealt with by the Commission at the hearing. The examination shall take place within 60 days after the time provided in rule 11 for the filing of the reply statement. All examinations or depositions taken in pursuance of this rule shall be returned to the secretary who issued the commission, and the depositions certified under the hand of the examiner, without further proof, be used in evi- dence, saving all just exceptions. The examiner at the time and place appointed in the commission can take the depositions of witnesses offered by any party. FINAL HEARINGS. 20. The final hearings on applications shall be had at times and places to be fixed by the chairmen of the two sections not less than 60 days after the time provided for filing the reply statement. TA INTERNATIONAL JOINT COMMISSION. 9 and the Commission will then hear oral and documentary evidence and evidence which may have been taken by the parties by deposition. The Commission may require further evidence to be given, either viva voce or by deposition taken before an examiner. The Commission may decide how many counsel are to be heard and what interests may be united for the purpose of the hearing. The Commission may, in any case, require printed briefs or factums to be submitted by the parties. The hearing of the case, when once commenced, shall proceed, so far as in the judgment of the Commission may be practicable, from day to day. PRINTING OF BRIEFS AND RECORDS. 21. All briefs, factums, pleadings, and documents printed for the use of the Commission must be in such form and size, with ample margin, that they can be conveniently bound together so as to make an ordinary octavo volum.e; and, as well as all quota- tions contained therein, and the covers thereof, must be printed in clear type (never smaller than pica) and on unglazed paper. MAJORITY MAY CONDUCT HEARINGS. 22. A majority of the Commission may conduct hearings or other proceedings regularly before it and may take and receive testimony and hear arguments thereon, but less than the whole number of the Commission shall not proceed to finally consider and determine any matter, proceeding, or question which the treaty creating the Commission, either in terms or by implication, requires or makes it the duty of the commission to decide. AMENDMENTS. 23. Amendments of applications and statements may be allowed by the Commission where substantial justice requires it, and the time for the filing of any paper or the doing of any act by these rules required may be extended in the like case. SERVICE OF PROCESS. 24. Service of any subpoena, process, notice, or other docu- ment whicli must be served under the present rules, shall be by delivering a copy thereof to tl e person named therein, or by leav- ing the same at the dwelling house or usual place of abode or lO RULES OF PROCEDURE. usual place of business of such person with some adult person who is a member of or resident in his family or with an employee in such place of business. Such service may be made by any literate person, who shall make return thereof under oath to the secretary from whom such subpoena, process, notice, or other document shall have been received, and such return shall state the time and place of such service. EXPENSES OF PROCEEDINGS. 25. All expenses incident to the prosecution of any proceedings before the Commission or upon applications presented imder sub- section (6) of Rule 6, including cost of publication of notices, service of subpoenas or other process, taking of testimony or depositions, witness fees, and all other expenses included in such proceedings, shall be paid by the party on whose behalf or at whose request such cost or expense is incurred. SUBMISSION TO GOVERNMENTS. 26. When in the opinion of the Commission it is desirable that a decision should be rendered which affects navigable waters in a manner or to an extent different from that contemplated by the application and plans, the Commission will, before making a final decision, submit to the Government transmitting the application a draft of the decision, and such Government may file with the Commission a brief or memorandum thereon which will receive due consideration by the Commission before its decision is made final. GENERAL RULE. 27. The Commission may, in the course of the proceedings, make any order which it deems expedient and necessary to meet the ends of justice and to effectually carry out the true intent and meaning of the treaty. ARTICLES IX AND X. 28. The foregoing rules, as far as applicable, shall apply to pro- ceedings in all cases referred or submitted under Articles IX and X. Adopted February 2, 191 2. O H 1 9 89 ■^■ ^0 ,0 ^u "^^ .^"^ ^^•(^ ^ -ov^ ^°*^^. .5^^ ^^ .'^'^^ 'oV'' -. ^^r.> "' • • « .G o 'o , » * A, ^ . *^v?^??> * )Pv\ *• ^^ -^-^ -. ^- - - *0 O 'o • 1 <» A. J. '**'»sy*i^* .4.^ A- • «^o^ CKMAN DERY INC. %, DEC 88 N. MANCHESTER, INDIANA 46962 "^^o <^ »'J^W/),> "j^ .-e*