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: 959]; Hamilton v. Vicksburg R. 281 (30: 394]; Huse v. Glover, [30: 489]. These were all cases n of bridges and other structures mits of States, and under their ross public navigable waters of tates. They were held not to be the Constitution, although such tually interfered with interstate In Gilman v. Philadelphia and American Bridge Co. the bridges t draws, entirely preventing the oats to points, in one case, where d and flowed, and, in both cases, ere commerce had been previously In Hamilton v. Vicksburg R. Co. d: "What the form and characidges should be, that is to say, of they should be erected, and of als constructed, and whether with draws, were matters for the regue State, subject only to the para ority of Congress to prevent any obstruction to the free navigation ns. Until Congress intervenes in and exercises its authority, the State is plenary. When the State the form and character of the directions will control, except as action of Congress, whether the th or without draws, and irrespectect of navigation." ps, the language of this court-all Concurring-which most directly he question before us is found in bile v. Kimball, 102 U. S. 691, 701 J, reaffirming Wilson v. Blackbird Company. It was there said: "In Cases, 46 U. S. 5 How. 504 [12: were before the court in 1847, eat diversity of views in the opinifferent judges upon the operation of the commercial power of Con absence of congressional legislame doctrines upon both sides of were asserted by some of the the decision reached, so far as it ed as determining any question of was confirmatory of the doctrine on of Congress is essential to proon of the States upon the subject red." This language is peculiarly view of the fact that in one of Cases-Pierce v. New Hampshire, low. 504, 557, 578 [12: 256, 280, estion was as to the validity of an State, under which Pierce was incted, and fined, for having sold, cal town license, a barrel of gin, rchased in Boston, transported to Hampshire, and there sold in the in which it was carried to that Massachusetts.

INTERSTATE COMM

VOL. I. AP

RULES OF PRACTICE ADOPTE The Interstate Commerce Commission tice in cases and proceedings before it:

1. When at Washington the Commissi o'clock A. M., daily, except Saturdays an ing of petitions and complaints and for th may be brought before it. The sessions mission in The Sun building, No. 1315 F sions are held at other places such regula by the Commission.

2. Applications under the fourth secti less for longer than for shorter distances property must be made by petition add or carriers desiring relief. The petition of the relief desired and the points at charge less for longer distances; the rea forth, and the facts upon which the ap be verified by some officer or agent of t to the effect that the allegations of the lief of the affiant. Notice must be p two newspapers along the line of the 1 ten days prior to the presentation of a relief intended to be applied for and t sented, and proof of each publication

3. Upon the presentation of a petit
by the Commission at a time and pla
received for and against the praye
Commission will make such order
upon the facts and circumstances of

4. Complaints, under section 13 o
done by any common carrier subjec
tion of the provisions thereof, mus
state the facts which are claimed to
be verified by the petitioner, or by s
ety, or other body or organization
allegations of the petition are true
The complainant must furnish a
plaint or petition as there may be
When a complaint is made, the
1
be set forth in full, and the address
his attorney or counsel, if any, mu
The Commission will cause a
common carrier complained agai
with notice to the carrier or car
same in writing within the time s
5. A carrier complained agai
twenty days from date of notice,
prescribe a shorter time for the a
must be made within the time pr

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INTERSTATE COMMERCE REPORTS.

VOL. I. APPENDIX I.

RULES OF PRACTICE ADOPTED BY THE COMMISSION.

The Interstate Commerce Commission adopted the following rules of practice in cases and proceedings before it:

Washington.

1. When at Washington the Commission will hold its general sessions at 11 Daily sessions at o'clock A. M., daily, except Saturdays and Sundays, for the reception and hearing of petitions and complaints and for 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.

2. Applications under the fourth section of the Act for authority to charge Applications under section 4; peless for longer than for shorter distances for the transportation of passengers or tition; verificaproperty must be made by petition addressed to the Commission by the carrier tion; notice. or carriers desiring 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.

Commission.

3. Upon the presentation of a petition for relief an investigation will be made Investigation by 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.

4. 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 com- Copies of complaint. plaint 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 Names and adbe 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.

dresses to be set forth.

ies.

The Commission will cause a copy of the complaint to be served upon each Service of copcommon 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.

5. A carrier complained against must answer the complaint made within Answers within twenty days from date of notice, unless the Commission shall in particular cases twenty days; filing; verification. prescribe a shorter time for the answer to be served, and in such cases the answer

Complaints under section 13.

Hearing on complaint without answer.

Adjournment and extension of time.

Hearing on issue joined.

Failure to answer.

Subpenas.

Depositions.

Amendments.

Copies.

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.

6. 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.

Affidavits, fore whom taken.

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

8. 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.

Upon application to the Commission authority may be given, in the discretion of the Commission, to any party to take the deposition of any witnesses who may be shown for some sufficient reason to be unable to attend in person.

10. 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.

11. 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 be- same, upon payment of the expense thereof.

12. Affidavits to a petition, complaint or answer may be taken before any officer of the United States, or of any State or Territory, authorized to administer oaths.

Promulgated May 25, 1887

9. Subpenas 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 subpenas 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.

INTERSTATE COMMERCE REPORTS.

VOL. I. APPENDIX II.

AMENDMENT TO RULES OF PRACTICE.

At the general session of the Interstate Commerce Commission which was held June 15, 1887, the following amendment of the Rules of Practice was adopted, that is to say:

It was ordered, that Rule IX of the Rules of Practice be modified to the extent that where 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.

[See 1 Inters. Com. Rep. 410 ]

844

INTERSTATE COMMERCE REPORTS.

INTERSTATE COMMERCE REPORTS.

APPENDIX III. ENGLISH STATUTES.

THE RAILWAY AND CANAL TRAFFIC ACT, 1854.

(17 & 18 Vict. c. 31.)

AN Act for the better Regulation of the Traf- when the distance between such stations, ter

fic on Railways

mini, or wharves shall not exceed one mile, such stations not being situated within five miles from St. Paul's Church, in London.

(10th July, 1854.)

ABSTRACT OF THE ENACTMENTS.

2. Every railway company, canal company, and railway and canal company, shall, according to their respective powers, afford all reasonable facilities for the receiving, and forwarding and delivering of traffic upon and from the several railways and canals belonging to, or worked by, such companies respectively, and for the return of carriages, trucks, boats, and other vehicles, and no such company shall make or give any undue or unrea sonable preference or advantage to or in favor of any particular person or company, or any particular description of traffic, in any respect whatsoever, nor shall any such company subject any particular person or company, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; and every railway company and canal company, and railway and canal company having or working railways or canals which form part of a continuous line of

5. Court or judge may order a rehearing. 6. Mode of proceeding under this Act. 7. Company to be liable for neglect or default in the carriage of goods, notwithstanding notice to the contrary-Company not to be liable beyond

a limited amount in certain cases, unless the value declared and extra payment made-Proof of value to be on the person claiming compensation

No special contract to be binding unless signed-railway or canal, or railway and canal commuSaving of Carriers' Act, 11 Geo. 4 and 1 Wm. 4, c. 68.

8. Short title.

nication, or which have the terminus, station, or wharf of the one near the terminus, station, or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding all the traffic arriving by one of such railways or canals by the other, without any unreasonable delay, and without any such preference or advantage, or prejudice or disadvantage, as aforesaid, and so that no obstruction may be offered to the public desirous of using such railways or canals, or railways and canals as a continuous line of communication, and so that all reasonable accommodations may, by means of the railways and canals of the several companies, be at all times afforded to the public in that behalf.

3. It shall be lawful for any company or person complaining against any such companies or company of anything done, or of any omission made in violation or contravention of this Act, to apply in a summary way, by motion or summons, in England to Her Majesty's court of common pleas at Westminster, or in Ireland to any of Her Majesty's superior courts in Dublin, or in Scotland to the court of session in Scotland, as the case may be, or to any judge of any such court; and upon the certifi cate to Her Majesty's attorney-general in England or Ireland, or Her Majesty's lord advo cate in Scotland, of the board of trade alleging any such violation or contravention of this Act by any such companies or company, it shall

1. Meaning of "Board of Trade," "Traffic;" "Railway," "Canal," "Company;" Stations.

2. Duty of railway companies to make arrangements for receiving and forwarding traffic, without unreasonable delay, and without partiality.

3. Parties complaining that reasonable facili ties for forwarding traffic, etc., are withheld, may apply by motion or summons to the superior

courts.

4. Judges may make such regulations as may be necessary for proceedings under this Act.

1. In the construction of this Act "the board of trade" shall mean the lords of the committee of Her Majesty's privy council, for trade and foreign plantations.

The word "traffic" shall include not only passengers and their luggage and goods, animals and other things conveyed by any railway company or canal company, or railway and canal company, but also carriages, wagons, trucks, boats, and vehicles of every descrip tion, adapted for running or passing on the railway or canal of any such company.

The word "railway" shall include every station of or belonging to such railway, used for the purposes of public traffic; and the word "canal" shall include any navigation whereon tolls are levied by authority of Parliament, and also the wharves and landing places of and be longing to such canal or navigation, and used for the purposes of public traffic.

The expression "railway company," "canal company," or "railway and canal company,' shall include any person being the owner or lessee of, or any contractor working any railway, or canal or navigation, constructed or carried on under the powers of any Act of Parliament.

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A station, terminus, or wharf shall be deemed to be near another station, terminus, or wharf,

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