RULES OF PRACTICE BEFORE THE PENNSYLVANIA STATE RAILROAD COMMISSION ADOPTED AND PRESCRIBED BY THE COMMISSION. Rule 1. GENERAL SESSIONS.-The office of the Board shall be in the Capitol Building in the City of Harrisburg, and said office shall always be open during business hours, legal holidays and non-judicial days excepted. The regular sessions of the commission shall be held on the first Tuesday of each month, except the months of August and September, and except when such meeting days fall on a legal holiday, when it shall he held on the next day thereafter, at its office in the Capitol Building at Harrisburg. Rule 2. COMPLAINTS.-No particular form of complaint is required. The name of the corporation complained against must be stated in full and the full name and post-office address of the complainant, with the full name and address of his attorney or counsel, if any, must be given. The act or omission complained of together with the facts and conditions generally relating thereto must be stated with precision, and if such act or omission is claimed to be a violation of any statute, attention should be called to the section of the statute relied upon. Complaints need not be verified. Three copies for each party to the record of every formal pleading shall be filed with the original for the use of the Commission and the adverse party if desired. All papers filed shall be written on one side of the sheet only. Rule 3. SATISFACTION OF COMPLAINT AND ANSWER, UNDER SECTION 8 OF THE RAILROAD COMMISSION LAW.-The person or corporation complained against shall make satisfaction in the manner provided by law and notify the Commission thereof, or make answer to the same within fifteen days from the date of notification thereof by the Commission. Rule 4. HEARINGS UPON ANSWER TO COMPLAINTS UNDER SECTION 8 OF THE RAILROAD COMMISSION LAW.-After the filing of an answer to the complaint as provided in Rule 3, a time and place for hearing upon the issue may be appointed, notice of which will be served upon all parties and the proceedings thereafter will be as the Commission shall from time to time direct. ( 143 ) Rule 5. OTHER COMPLAINTS.-Complaints which in the opinion of the Commission are not of such nature as to permit of their satisfaction under the provisions of Section 8 of the Railroad Commission Law may be investigated by it in such manner as it deems proper without notice to the person or corporation complained against. A copy of the complaint and of the report, if any, upon the ex parte investigation may be served by mail upon the party or corporation complained against, who shall be requested to make answer to the same within fifteen days. Upon receipt of such answer a time and place may be appointed for a hearing upon the complaint and answer, notice of which will be served by mail on all parties and the proceedings thereafter will be as the Commission shall from time to time direct. Rule 6. ANSWERS.-An answer must specifically admit or deny the material allegations of the complaint. If any or all of the allegations of the complaint are denied, the answer must set forth the facts as claimed to be by the party answering. Rule 7. NOTICE IN NATURE OF DEMURRER.-A person or corporation complained against, who deems the complaint insufficient to show a breach of legal duty may, instead of answering or formally demurring, serve on the complainant and the Commission notice of its claim of such insufficiency, and in such case the facts stated in the complaint will be deemed admitted. Upon receiving such notice the complainant shall make such reply thereto as he may desire, and serve copy thereof on the respondent and file a copy with the Commission, and thereupon the Commission will determine the legality of the complaint and notify the parties of such decision and whether any other action is deemed proper or necessary. Rule 8. AMENDMENTS.-Amendments to any complaint, petition, answer, or other paper filed in any proceeding or investigation, may be allowed by the Commission in its discretion. Rule 9. ADJOURNMENTS AND EXTENSIONS OF TIME.-Adjournments and extensions of time may be granted upon the application of any party in the discretion of the Commission. Applications for extension of time of hearing shall be accompanied by an affidavit showing a necessity therefor. Rule 10. STIPULATIONS.-The parties to any proceeding or investigation before the Commission, may, by stipulation in writing filed with the secretary, agree upon the facts or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing. It is desirable that the facts be thus agreed upon whenever practicable. Rule 11. PRACTICE ON HEARINGS.-The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint. The defendant must also give evidence of the facts alleged in the answer, unless admitted by the complainant, and must fully disclose its defense at the hearing. Witnesses may be examined orally before the Commission unless the facts be stipulated. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable and make such order thereon as the circumstances of the case appear to require. Rule 12. DOCUMENTARY EVIDENCE.-Where relevant and material matter offered in evidence is embraced in a written or printed statement, book, or document of any kind containing other matter not material or relevant and not intended to be put in evidence, such statement, book, or document in whole shall not be received or allowed to be filed, but counsel or other party offering the same shall present in convenient and proper form for filing, a copy of such material and relevant matter, and that only shall be received and allowed to be filed as evidence and made a part of the record; provided, however, if practicable, such matter may be read and taken down by the stenographer as a part of the record. If the correctness of such copy is questioned the same shall be verified by an examination of the original in such manner as the Commission may direct. Rule 13. COMMISSIONS TO TAKE TESTIMONY.-The testimony of any witness may be taken by deposition, at the instance of a party, in any proceedings or investigation before the Commission, and at any time after the same is at issue. The Commission may order testimony to be taken by deposition, in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any justice or judge of a supreme or superior court, judge of a 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. The same notice of taking deposition that is required by the Pennsylvania Equity rules in taking depositions in civil cases 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 like notice shall be given the secretary. Every person whose deposition is taken shall be sworn (or may affirm) 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. Rule 14. BRIEFS.-Upon all contested hearings, unless otherwise specially ordered, printed briefs containing legal arguments and citations of cases relied upon 10-27-1908 shall be filed on behalf of the parties. They shall contain an abstract of the evidence relied upon by the party filing the same, and in such abstract reference shall be made to the pages of the minutes where the evidence appears. The abstract of the evidence shall follow the statement of the case and precede the argument. Briefs shall be filed with the Commission and served upon the adverse party or parties by the complainant within fifteen days after the taking of testimony has been concluded, and by the other party or parties within ten days thereafter, and the complainant shall have five days additional time for reply. Different times may be specially ordered in any case. Ten copies of each brief shall be filed for the use of the Commission, with the secretary, and shall be accompanied by an affidavit showing service upon the adverse party. Three copies shall, in each case, be served upon the adverse party. Briefs and other papers shall be printed and shall be ten inches long and seven inches wide, with the printed page seven inches long and three and one-half inches wide, except in special cases, when, in the opinion of the Commission printing is impracticable, upon special order they may be typewritten. Rule 15. FINANCIAL CONDITION. TERM AS USED IN THESE RULES DEFINED. -Whenever a party is required to set forth or disclose its financial condition, such financial condition shall be given, so far as practicable, in appropriate schedules annexed to and referred to and properly designated in the petition. Such schedules shall show the following: (1) Amount and kinds of stock authorized; (2) amount and kinds of stock issued; (3) terms of preference of all preferred stock; (4) brief description of each mortgage upon property of the party, giving date of execution, name of trustee, amount of indebtedness authorized to be secured thereby and amount of indebtedness actually secured; (5) number and amount of bonds authorized and issued, describing each class separately, giving date of issue, par value, rate of interest, date of maturity and how secured; (6) other indebtedness, giving same by classes and describing security, if any; (7) amount of interest paid during previous fiscal year and rate thereof, if different rates were paid amount paid at each rate; (8) amount of dividends paid during previous fiscal year and rate thereof; (9) detailed statement of earnings and expenditures for, and balance sheet showing condition at close of, last fiscal year. railroads and street railways reporting no, during the year investigation of, made by Commission, .... Acme Brewing Co., vs. The Pennsylvania Railroad Company, 111 115 56 131 127 Act, proposed, relative to Regulation of Grade Crossings, 135 .50, 62, 66, 89 Altoona and Logan Valley Traction Co., complaint against, 46 48 35 Aument & Co., et al. vs. The Pennsylvania Railroad Company, 99 105 107 109 115 125 129 133 137 141 43 25 Baggage, refusal to check through, from points on Pennsylvania Lines to 70 Baker-Mountseir Lumber Co., vs. Baltimore and Ohio Railroad Company, 97 119 .. Bargerstock, H. S., vs. Railroad Company, 89 Bartle, F., & Son vs. The Pennsylvania Railroad Company, 53 62 91 95 95 Bennett, O. M., Burgess, Borough of New Florence vs. The Pennsylvania Railroad Company, 56 |