148. David Hostetter and Milton L. Myers, partners, engaged in business as Hostetter & Co., against The Pennsylvania Company, a corporation of the Commonwealth of Pennsylvania, operating the Pittsburgh, Fort Wayne and Chicago Railroad and other railroads and their branches, the Baltimore and Ohio Railroad Company, the Lake Shore and Michigan Southern Railway Company, the Pittsburgh and Lake Erie Railroad Company, the New York Central and Hudson River Railroad Company, the Allegheny Valley Railroad Company, and the Pennsylvania Railroad Company, all of whom have agencies in Pittsburgh, Pa.:

Complaint alleges that "Hostetter's Stomach Bitters," a proprietary medicine, formerly placed by defendants in class 4 when shipped in car-load lots, and in class 3 when shipped in less than car-load lots, is now wrongfully and in violation of the act to regulate commerce classified by defendants in class 1, without reduction in case of car-load shipments, and that unless released from shortage and damage claims defendants refuse to transport the same unless double rates are paid. And further, that the rates in force under such classification are unjust and unreasonable.

Sept. 12, 1888. Complaint filed.

Oct. 10 to Nov. 8, 1888. Answers filed.

Nov. 15, 1888. Case assigned for hearing January 10, 1889.

149. Mary O. Stone and Thomas Carten, a copartnership doing business under the name of Stone & Carten, against The Detroit, Grand Haven and Milwaukee Railway Company:

Complaint alleges that in charging equal rates to Grand Rapids and Ionia from Philadelphia, New York, and points east of Detroit, Ionia being shorter distant from Detroit than Grand Rapids, and both situate on defendant's line of railroad, in draying freight free of charge to consignees' doors at Grand Rapids, while like kinds of freight are only delivered at its warehouse in Ionia, defendant unjustly discriminates against Ionia in favor of Grand Rapids, to its prejudice and disadvantage, and makes a greater charge for a shorter than for a longer distance, in violation of sections 2, 3, and 4 of the act to regulate commerce.

Sept. 24, 1888. Complaint filed.

Oct. 8, 1888. Answer filed.

Oct. 20, 1888. Case assigned for hearing December 11, 1888.

150. Coxe Brothers and Company against The Lehigh Valley Railroad Company:

Complaint alleges that defendant's charges to complainant's anthracite coal as interstate traffic are unreasonable and unjust; that said charges are greater than are charged to others on bituminous coal traffic shipped contemporaneously and under similar circumstances and conditions, and that said bituminous coal traffic is thereby given an unreasonable preference and advantage over said anthracite coal traffic, to

its undue prejudice and disadvantage. The complaint further alleges that defendant charges petitioners more on anthracite coal as interstate traffic than it charges the Lehigh Valley Coal Company on anthracite coal contemporaneously shipped under similar circumstances and conditions, thereby giving to said Lehigh Valley Coal Company an unreasonable pref erence and advantage over petitioner and other shippers, to their undue prejudice and disadvantage.

Oct. 19, 1888. Complaint filed.

Nov. 13, 1888. Answer filed.

Nov. 15, 1888. Case assigned for hearing January 11, 1889.
Nov. 24, 1888. Case re-assigned for hearing January 18, 1889, upon
request of parties.

151. In the matter of the Tariffs and Classifications of the Atlanta and West Point Railroad Company; Central Railroad and Banking Company of Georgia; Charleston and Savannah Railway Company; Charlotte, Columbia and Augusta Railroad Company; Cincinnati, New Orleans and Texas Pacific Railway Company; Columbia and Greenville Railroad Company; East Tennessee, Virginia and Georgia Railway Company; Georgia Railroad and Banking Company; Louisville and Nashville Railroad Company; Memphis and Charleston Railroad Company; Mobile and Girard Railroad Company; Mobile and Montgomery Railroad Company; Montgomery and Eufaula Railroad Company; Nashville, Chattanooga and Saint Louis Railway Company; Norfolk and Western Railroad Company; Port Royal and Augusta Railway Company; Richmond and Danville Railroad Company; Rome Railroad Company; Savannah, Florida and Western Railway Company; Savannah, Griffin and North Alabama Railway Company; Seaboard and Roanoke Railroad Company; South Carolina Railway Company; South and North Alabama Railway Company; Vicksburg and Meridian Railway Company; Western and Atlantic Railroad Company; Western Railway Company of Alabama; Wilmington and Weldon Railroad Company; Wilmington, Columbia and Augusta Railroad Company; and such other carriers as may hereafter be named, operating in the same territory with those above enumerated, or connecting with them:

A general examination and investigation of the tariffs and classifications of the above-named companies ordered. Oct. 22, 1888. Matter assigned for hearing December 18, 1888.

152. In the matter of the Tariffs of the Transcontinental Lines:

The question whether a tariff of rates from San Francisco to Denver, higher than the rates charged at the same time over the same line from San Francisco to Kansas City, was justifiable, having been presented in No. 83, and the opinion of the Commission filed in that case having decided that the question involved the entire subject of relative rates as between shorter and longer hauls on all the transcontinental lines, a general examination was ordered of the tariffs put in force on the various transcontinental lines September 1,

1

Sept. 1, 1888. New transcontinental tariffs in effect on this date. Oct. 16, 1888. Conference held between the Commission and representatives of the transcontinental lines.

Oct. 23, 1888. Circular suspending tariffs Nos. 11 to 16, inclusive,
and announcing that west-bound tariffs No. 8, and its sup-
plements, will govern west-bound freight traffic destined to
Pacific coast terminals and originating at Atlantic sea-board
common points and common points west thereof and east
of the ninety-seventh meridian of longitude, in effect this date,
filed by the Transcontinental Association.

Opinion by Walker, Commissioner. (2 I. C. C. Repts., p. 324.)
No order considered necessary.

APPENDIX D

RULES OF PRACTICE, CIRCULARS, AND GENERAL ORDERS OF THE COMMISSION, AND STATEMENT OF EXPENDITURES.

RULES OF PRACTICE IN CASES AND PROCEEDINGS BEFORE THE COMMISSION.

PUBLIC SESSIONS.

I. When at Washington the Commission will hold its general sessions at 11 o'clock a. m. daily, except Saturdays and Sundays, for the reception and hearing of petitions and complaints and the transaction of such other business as may be brought before it. The sessions will be held at the office of the Commission, in the Sun Building, No. 1315 F street northwest. When special sessions are held at other places such regulations as may be necessary will be made by the Commission.

'PETITIONS UNDER SECTION 4.

II. Application under the fourth section of the act for authority to charge less for longer than for shorter distances for the transportation of passengers or property, must be made by petition addressed to the Commission by the carrier or carriers desiring the relief. The petition must state with particularity the extent of the relief desired and the points at and between which authority is asked to charge less for longer distances; the reasons for the relief sought must also be set forth, and the facts upon which the application is founded. The petition must be verified by some officer or agent of the carrier in whose behalf it is presented, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant. Notice must be published by a petitioner in not less than two newspapers along the line of the road having general circulation, for at least ten days prior to the presentation of a petition stating briefly the nature of the relief intended to be applied for and the time when the application will be presented, and proof of each publication must be filed with the petition.

III. Upon the presentation of a petition for relief an investigation will be made by the Commission at a time and place to be designated, when testimony will be received for and against the prayer of the petition. After investigation the Commission will make such order as may appear to be just and appropriate upon the facts and circumstances of the case.

COMPLAINTS UNDER SECTION 13.

IV. Complaints under section 13 of the act of anything done or omitted to be done by any common carrier subject to the provisions of the act, in contravention of the provisions thereof, must be made by petition, which must briefly state the facts which are claimed to constitute a violation of the act, and must be verified by the petitioner, or by some officer or agent of the corporation, society, or other body or organization making the complaint, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant.

The complainant must furnish as many written or printed copies of the complaint or petition as there may be parties complained against to be served. When a complaint is made the name of the carrier complained against must be set forth in full, and the address of the petitioner, and the name and address of his attorney or counsel, if any, must be indorsed upon the complaint.

The Commission will cause a copy of the complaint to be served upon each common carrier complained against, by mail or personally, in its discretion, with notice to the carrier or carriers to satisfy the complaint or to answer the same in writing within the time specified.

ANSWER.

V. A carrier complained against must answer the complaint made within twenty days from the date of the notice, unless the Commission shall in particular cases prescribe a shorter time for the answer to be served, and in such cases the answer must be made within the time prescribed. The original answer must be filed with the Commission, at its office in Washington, and a copy thereof must at the same time be served upon the complainant by the party answering, personally or by mail. The answer must admit or deny the material allegations of fact contained in the complaint, and may set forth any additional facts claimed to be material to the issue. The answer must be verified in the same manner as the complaint. If a carrier complained against shall make satisfaction before answering, a written acknowledgment of satisfaction must be filed with the Commission; and in that case the fact of satisfaction without. other matter may be set forth in the answer filed and served on the complainant. If satisfaction be made after the filing and service of an answer, a supplemental answer setting forth the fact of satisfaction may be filed and served.

VI. If a carrier complained against shall deem the complaint insufficient to show a breach of legal duty, it may, instead of filing an answer, serve on the complainant notice for a hearing of the case on the complaint; and in case of the service of such notice, the facts stated in the complaint will be taken as admitted. The filing of an answer will not be deemed an admission of the sufficiency of the complaint, but a motion to dismiss for insufficiency may be made at the hearing.

ADJOURNMENTS AND EXTENSIONS OF TIME.

VII. Adjournments and extensions of time may be granted upon the application of parties in the discretion of the Commission.

HEARINGS.

VIII. Upon issue being joined by the service of answer, the Commission, upon request of either party, will assign a time and place for hearing the same, which will be at its office in Washington unless otherwise ordered. Witnesses will be examined orally before the Commission except in cases when special orders are made for the taking of testimony otherwise. The petitioner or complainant must in all cases prove the existence of the facts alleged to constitute a violation of the act, unless the carrier complained of shall admit the same, or shall fail to answer the complaint. Facts alleged in the answer must also be proved by the carrier, unless admitted by the petitioner on the hearing.

In cases of failure to answer, the Commission will take such proof of the charge as may be deemed reasonable and proper, and make such order thereon as the circumstances of the case appear to require.

WITNESSES AND DEPOSITIONS.

IX. Subpoenas requiring the attendance of witnesses will be issued by any member of the Commission in all cases and proceedings before it, and witnesses will be required to obey the subpoenas served upon them requiring their attendance or the production of any books, papers, tariffs, contracts, agreements, or documents relating to any matter under investigation or pending before the Commission.

When a cause is at issue on petition and answer each party may proceed at once to take depositions of witnesses in the manner provided by sections 863 and 864 of the Revised Statutes of the United States, and transmit them to the secretary of the Commission, without making any application to, or obtaining any authority from, the Commission for that purpose.

AMENDMENTS.

X. Upon application by any petitioner or party, amendments may be allowed by the Commission, in its discretion, to any petition, answer, or other pleading in any proceeding before the Commission.

COPIES.

XI. 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 upon application by any person or carrier desiring the same upon payment of the expense thereof.