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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 superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, or otherwise interested in the proceeding or investigation. Reasonable notice 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 motion, reasonable notice thereof in writing must be given by such carrier to the Commission itself, or to such person as may have been previously designated by the Commission to be served with such notice.

Every person whose deposition is taken shall be cautioned and sworn (or may affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing, which may be typewriting, by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the witness.

If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the secretary. depositions must be promptly filed with the secretary.

XIII-Witnesses and subpœnas.

All

Subpoenas requiring the attendance of witnesses from any place in the United States to any designated place of hearing for the purpose of taking the testimony of such witnesses orally before 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.

Subpoenas 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; and when it is sought to compel witnesses, not parties to the proceeding, to produce such documentary evidence, the application must be sworn to and must specify, as nearly as may be, the books, papers, or documents desired; that the same are in the possession of the witness or under his control; and also, by facts stated, show that they contain material evidence necessary to the applicant. Applications to compel a party to the proceeding to produce books, papers, or documents need only set forth in a general way the books, papers or documents desired to be produced, and that the applicant believes they will be of service in the determination of the case.

Witnesses whose testimony is taken orally or by deposition, and the magistrate or other officer taking such depositions, are severally en-* titled to the same fees as are paid for like services in the courts of the United States.*

*Fees of witnesses are fixed by law at $1.50 for each day's attendance at the place of hearing or of taking depositions, and 5 cents per mile for going to said place from his place of residence and 5 cents per mile for returning therefrom,

XIV.-Proposed findings.

Upon the final submission of a case, each party must, unless otherwise directed, prepare and submit for the consideration of the Commission, proposed findings, embracing the material facts and propositions of law claimed to be established by the evidence.

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 cumulative. If the application be for a rehearing, the petition must specify the findings of fact 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 consequences resulting from compliance 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 before the time named in such notice.

XVI.-Printing of pleadings, etc.

For convenience in reading and filing, it is requested that pleadings, depositions, briefs, and other papers of importance be printed or in typewriting whenever practicable, and that, when not printed, only one side of the paper be used.

XVII.-Copies.

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.

Copy of testimony will be furnished in the discretion of, and upon such terms as, the Commission shall prescribe.

XVIII.-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 to Washington, D. C., unless otherwise specially directed.

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These forms may be used in cases to which they are applicable, with such alterations as the circumstances may render necessary.

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The petition of the above-named complainant respectfully shows:

I. That (here let complainant state his occupation and place of business).

II. That the defendant above named is a common carrier engaged in the transportation of passengers and property by railroad between points in the State of

and points in the State of

to regulate commerce.

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and as such common carrier is subject to the act

III. That (here state concisely the matters intended to be complained of. Continue numbering each succeeding paragraph as in Nos. I, II, and III.)

Wherefore the petitioner prays that the defendant may be required to answer the charges herein, and that after due hearing and investigation an order be made commanding the defendant to cease and desist from said violations of the act to regulate commerce, and for such other and further order as the Commission may deem necessary in the premises. (If reparation for any wrong or injury be desired, the petitioner should state the nature and extent of the reparation he deems proper.)

Dated at

18-.

A. B. (Complainant's signature.)

STATE OF

County of

88:

A. B., being duly sworn, says that he is the complainant in this proceeding, and that the matters set forth in the foregoing petition are true as he verily believes.

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The petition of the above-named complainant respectfully shows:

I. That (here let complainant state his occupation and place of business).

II. That the defendants above named are common carriers, and under a common control, management, or arrangement, for continuous carriage or shipment, are engaged in the transportation of passengers and property wholly by railroad (or partly by railroad and partly by water, as the case may be) between in the State and as such common carriers are subject

of

and

in the State of

to the act to regulate commerce. (Then proceed as in Form No. 1.)

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Your petition against the

Company, under section 13 of the act to regulate commerce, approved February 4, 1887, and amended March 2, 1889, is received and placed on file.

A statement of the charges made has been forwarded to the carrier for satisfaction or answer within twenty days.

For the Commission;

Secretary.

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The above-named defendant, for answer to the complaint in this proceeding, respectfully states

I. That (here follow the usual admissions, denials, and averments. Continue numbering each succeeding paragraph).

Wherefore the defendant prays that the complaint in this proceeding be dismissed. RAILROAD COMPANY,

THE
By E. F.,

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(Title of officer.)

of the

Railroad Com

E. F., being duly sworn, says that he is the pany, defendant in this proceeding, and that the foregoing answer is true as he verily believes.

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Notice is hereby given under Rule V of the Rules of Practice in proceedings be fore the Commission that a hearing is desired in this proceeding upon the facts as stated in the complaint.

THE
By E. F.,

RAILROAD COMPANY,

(Title of officer.)

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The Commission acknowledges the receipt of an answer made by the
Company to the complaint filed against said company

same has been filed.

For the Commission:

by

Very respectfully,

Rail and the

Secretary,

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