FEDERAL TRADE COMMISSION.' JOSEPH E. DAVIES, Chairman EDWARD N. HURLEY, Vice Chairman WILLIAM J. HARRIS WILL H. PARRY GEORGE RUBLEE FRANK JONES, Acting Secretary. RULES OF PRACTICE BEFORE THE COMMISSION. I. SESSIONS. The principal office of the commission at Washington, D. C., is open each business day from 9 a. m. to 4:30 p. m. The commission may meet and exercise all its powers at any other place, and may, by one or more of its members, or by such examiners as it may designate, prosecute any inquiry necessary to its duties in any part of the United States. Sessions of the commission for hearing contested proceedings will be held as ordered by the commission. Sessions of the commission for the purpose of making orders and for the transaction of other business, unless otherwise ordered, will be held at the office of the commission at Washington, D. C., on each business day at 10:30 a. m. Three members of the commission shall constitute a quorum for the transaction of business. All orders of the commission shall be signed by the secretary. II. COMPLAINTS. Any person, partnership, corporation, or association may apply to the commission to institute a proceeding in respect to any violation of law over which the commission has jurisdiction. Such application shall be in writing, signed by or in behalf of the applicant, and shall contain a short and simple statement of the facts constituting the alleged violation of law and the name and address of the applicant and of the party complained of. The commission shall investigate the matters complained of in such application, and if upon investigation it shall appear to the commission that there is a violation of law over which the commission has jurisdiction, the commission shall issue and serve upon the party complained of a complaint stating its charges and containing a notice of a hearing upon a day and at a place therein fixed at least forty days after the service of said complaint. III. ANSWERS. Within thirty days from the service of the complaint, unless such time be extended by order of the commission, the defendant shall file with the commission an answer to the complaint. Such answer shall contain a short and simple statement of the facts which constitute the ground of defense. It shall specifically admit or deny or explain each of the facts alleged in the complaint, unless the defendant is without knowledge, in which case he shall so state, such statement operating as a denial. 1. For membership of the other statutory bodies having jurisdictional powers under the provisions of the Clayton Law, viz., the Interstate Commerce Commission and the Federal Reserve Board,-see page 235. Answers in typewriting must be on one side of the paper only, on paper not more than 81⁄2 inches wide and not more than 11 inches long, and weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 11⁄2 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 101⁄2 inches long, with inside margins not less than 1 inch wide. IV. SERVICE. Complaints, orders, and other processes of the commission may be served by anyone duly authorized by the commission, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer, or a director, of the corporation or association to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person, partnership, corporation, or association; or (c) by registering and mailing a copy thereof addressed to such person, partnership, corporation, or association at his or its principal office or place of business. The verified return by the person so serving said complaint, order or other process, setting forth the manner of said service, shall be proof of the same, and the return post-office receipt for said complaint, order, or other process, registered and mailed as aforesaid, shall be proof of the service of the same. V. INTERVENTION. Any person, partnership, corporation, or association desiring to intervene in a contested proceeding shall make application in writing, setting out the grounds on which he or it claims to be interested. The commission may, by order, permit intervention by counsel or in person to such extent and upon such terms as it shall deem just. Applications to intervene must be on one side of the paper only, on paper not more than 81⁄2 inches wide and not more than 11 inches long, and weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 11⁄2 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 101⁄2 inches long, with inside margins not less than 1 inch wide. VI. CONTINUANCES AND EXTENSIONS OF TIME. Continuances and extensions of time will be granted at the discretion of the commission. VII. WITNESSES AND SUBPŒNAS. Witnesses shall be examined orally, except that for good and exceptional cause for departing from the general rule the commission may permit their testimony to be taken by deposition. Subpoenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing may be issued by any member of the commission. Subpoenas for the production of documentary evidence (unless directed to issue by a commissioner upon his own motion) will issue only upon application in writing, which must be verified and must specify, as near as may be, the documents desired and the facts to be proved by them. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. VIII. DEPOSITIONS IN CONTESTED PROCEEDINGS. The commission may order testimony to be taken by deposition in a contested proceeding. Depositions may be taken before any person designated by the commission and having power to administer oaths. Any party desiring to take the deposition of a witness shall make application in writing, setting out the reasons why such deposition should be taken, and stating the time when, the place where, and the name and post-office address of the person before whom it is desired the deposition be taken, the name and post-office address of the witness, and the subject matter or matters concerning which the witness is expected to testify. If good cause be shown, the commission will make and serve upon the parties, or their attorneys, an order wherein the commission shall name the witness whose deposition is to be taken and specify the time when, the place where, and the person before whom the witness is to testify, but such time and place, and the person before whom the deposition is to be taken, so specified in the commission's order, may or may not be the same as those named in said application to the commission. The testimony of the witness shall be reduced to writing by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual form by the officer. After the deposition has been so certified it shall, together with a copy thereof made by such officer or under his direction, be forwarded by such officer under seal in an envelope addressed to the commission at its office in Washington, D. C. Upon receipt of the deposition and copy the commission shall file in the record in said proceedings such deposition and forward the copy to the defendant or the defendant's attorney. Such depositions shall be typewritten on one side only of the paper, which shall be not more than 81⁄2 inches wide and not more than 11 inches long and weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 11⁄2 inches wide. No deposition shall be taken except after at least six days' notice to the parties, and where the deposition is taken in a foreign country such notice shall be at least fifteen days. No deposition shall be taken either before the proceeding is at issue, or, unless under special circumstances and for good cause shown, within ten days prior to the date of the hearing thereof assigned by the commission, and where the deposition is taken in a foreign country it shall not be taken after thirty days prior to such date of hearing. IX. DOCUMENTARY EVIDENCE. Where relevant and material matter offered in evidence is embraced in a document containing other matter not material or relevant and not intended to be put in evidence, such document will not be filed, but a copy only of such relevant and material matter shall be filed. X. BRIEFS. Unless otherwise ordered, briefs may be filed at the close of the testimony in each contested proceeding. The presiding commissioner or examiner shall fix the time within which briefs shall be filed and service thereof shall be made upon the adverse parties. All briefs must be filed with the secretary and be accompanied by proof of service upon the adverse parties. Fifteen copies of each brief shall be furnished for the use of the commission, unless otherwise ordered. Application for extension of time in which to file any brief shall be by petition in writing, stating the facts upon which the application rests, which must be filed with the commission at least five days before the time for filing the brief. Every brief shall contain, in the order here stated (1) A concise abstract, or statement of the case. (2) A brief of the argument, exhibiting a clear statement of the points of fact or law to be discussed, with the reference to the pages of the record and the authorities relied upon in suppose of each point. Every brief of more than ten pages shall contain on its top fly leaves a subject index with page references, the subject indexed to be supplemented by a list of all cases referred to, alphabetically arranged, together with references to pages where the cases are cited. Briefs must be printed in 10 or 12 point type on good unglazed paper 8 inches by 101⁄2 inches, with inside margins not less than 1 inch wide, and with double-leaded text and single leaded citations. Oral arguments will be had only as ordered by the commission. XI. ADDRESS OF THE COMMISSION. All communications to the commission must be addressed to Federal Trade Commission, Washington, D. C., unless otherwise specifically directed. MEMBERSHIP OF OTHER BODIES HAVING JURISDICTION IN CERTAIN CASES UNDER THE PROVISIONS OF THE CLAYTON LAW. INTERSTATE COMMERCE COMMISSION.1 C. C. MCCHORD, Chairman. Commissioners. JUDSON C. CLements. EDGAR E. Clark. JAMES S. HArlan. BALTHASAR H. MEYER. HENRY C. HALL. WINTHROP M. DANIELS. GEORGE B. McGINTY, Secretary. FEDERAL RESERVE BOARD. CHARLES S. HAMLIN, Governor. PAUL M. Warburg. W. P. G. HARDING. ADOLPH C. MILLER. H. PARKER WILLIS, Secretary. 1 For membership of Commission, as originally constituted, see page 352. FORMS.' These forms are intended as precedents in cases where they are applicable. Forms Nos. 1-8 inclusive may be altered to suit the circumstances of the individual case; the formalities prescribed in No. 9 demand strict compliance. The petition of the above-named applicant respectfully shows: I. That (here state name, occupation, and address of petitioner.) II. That (the person, partnership, corporation, or association complained of) has engaged in unlawful practices in a matter whereof the Federal Trade Commission has jurisdiction, to wit: (set forth here the section or general provision which petitioner believes has been violated; also a short and simple statement of the facts constituting the alleged violation of law, with the name and address of the party complained of. Continue numbering each succeeding paragraph-if there are others-as in Nos. I and II.) Wherefore the petitioner prays that the defendant may be served with a complaint and may be required to answer the charges herein, and that after due hearing and investigation an order may be made commanding the defendant to cease and desist from said violations of the laws within the jurisdiction of this commission, and for such other and further order as the commission may deem necessary in the premises. A. B. (Signature by or in behalf of petitioner.) I Form is omitted where the practice requires that the complaint or other process shall be prepared and served by the commission. 2 See Section 5 of Federal Trade Commission Act and Section II of Clayton Bill; also Rule II of Rules of Practice. Notice of time and place of hearing-at least forty days after date of service-will be con-. tained in complaint, when issued. 3 Name of person, partnership, corporation, or association. |