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such a proceeding shall notify the Commission to that effect, and in such notice shall state the time when, the place where, and the name and post-office address of the party before whom it is desired that the deposition be taken, the name and postoffice address of the witness and the subject matter or matters concerning which the witness is expected to testify, whereupon 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 party before whom the witness is to testify, but such time and place, and the party 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 notice to the Commission.16

"(c) Every person whose deposition is so taken shall be cautioned and sworn (or affirmed, if he so request) testify the whole truth and nothing but the truth concerning the matter about which he shall testify, and shall be carefully examined. His testimony shall be reduced to typewriting 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 subscribed and eertified it shall, together with two copies 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 copies the Commission will file in the record in said proceeding such deposition and forward one copy to the complainant or his attorney and the other copy to the defendant or its attorney, except that where there are more than one complainant or defendant the copies will be forwarded by the Commission to the parties designated by such complainants or defendants as the case may be.

“(d) Such depositions must conform to the specifications of Rule XXI.

"(e) No deposition shall be taken except after 6 days' notice to the parties, and where the deposition is taken in a foreign. country such notice shall be at least 15 days.

16 See infra (e) and § 354a.

"(f) No such deposition shall be taken either before the proceeding is at issue, or, unless under special circumstances and for good cause shown, within 10 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 30 days prior to such date of hearing.

"(g) Witnesses whose depositions are taken pursuant to these rules and the magistrate or other officer taking the same, unless he be a special agent or examiner of the Commission, shall severally be entitled to the same fees as are paid for like service in the courts of the United States, which fees shall be paid by the party or parties at whose instance the depositions are taken.

"XII.

WITNESSES AND SUBPOENAS.

"(a) 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.

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(b) Subpoenas for the production of books, papers, or documents, unless directed by the Commission upon its own motion, will issue only upon application in writing. Application to compel witnesses who are not parties to the proceedings, or agents of such parties, to produce documentary evidence must be verified and must specify, as nearly as may be, the books, papers, or documents desired and the facts to be proven by them. Applications to compel a party to the proceeding to produce books, papers, or documents should set forth the books, papers, or documents sought; with a showing that they will be of service in the determination of the proceeding.17

"(c) Witnesses who are summoned are entitled to the same fees as are paid for like service in the courts of the United States, such fees to be paid by the party at whose instance the testimony is taken.18

XIII.

DOCUMENTARY EVIDENCE.

"(a) Where revelant and material matter offered in evidence by any party is embraced in a book, paper or document contain

17 See infra, §§ 341, 349, 350.

18 See infra, §§ 340-343.

ing other matter, not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily cumber the record, such book, paper or document will not be received in evidence but may be marked for identification and, if properly authenticated, the relevant and material matter may be read into the record, or, if the presiding commissioner or examiner so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies delivered by the party offering the same to opposing parties or their attorneys appearing at the hearing, who shall be afforded opportunity to examine the book, paper or document, and to offer in evidence in like manner other portions thereof if found to be material and relevant.

(b) In case any portion of a tariff, report, circular, or other document on file with the Commission is offered in evidence, the party offering the same must give specific reference to the items or pages and lines thereof to be considered. The Commission will take notice of items in tariffs and annual or other periodical reports of carriers properly on file with it or in annual, statistical, and other official reports of the Commission.19 When it is desired to direct the Commission's attention to such tariffs or reports upon hearing or in briefs or argument it must be done. with the precision specified in the second preceding sentence. In case any testimony in proceedings other than the one on hearing is offered in evidence, a copy of such testimony must be presented as an exhibit. When exhibits of a documentary character are to be offered in evidence, copies must be furnished to opposing counsel.

"(c) All exhibits showing rates or distances must, by proper I. C. C. number reference, indicate the tariff authority for the rates, and must also show by lines and junction points the routes via which the distances are computed, as well as the authority for the distances used.

"(d) All exhibits received in evidence are bound with the rest of the record in covers of uniform size. It thus becomes desirable that, wherever practicable, they should be on one side only of sheets not exceeding 121⁄2 inches from top to bottom by 22 inches in width, and imperative that a sufficient margin for

19 See infra, § 329a.

binding, preferably 12 inches, be left blank on the left side of each sheet. They must be on paper of good quality and so prepared as to be plainly legible and durable, whether printed, typewritten, mimeographed, planographed, photographed or otherwise. The use of hectograph and white-line blue prints is discouraged.

"(e) The sheets of each exhibit and the lines of each sheet should be numbered, wherever practicable. The first sheet, or title page should be confined to a brief statement of what the exhibit purports to show, with reference by sheet and line to illustrative or typical examples contained in the exhibit. It is desirable that, wherever practicable, rate comparisons and other evidence should be condensed into tables.

“(f) Where agreed upon by the parties at or after the hearing, the presiding commissioner or examiner, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but which shall expire not less than 10 days before the date fixed for filing and serving briefs.

"(g) Except as above provided, or as may be expressly permitted in particular instances, the Commission will not receive in evidence or consider as part of the record and documents, letters or other writings submitted for consideration in connection with the proceeding after the close of the testimony, and will return the same to the sender.

XVI.

TRANSCRIPT OF TESTIMONY.

"(a) One copy of the transcript of testimony will be furnished by the Commission without charge for the use of the complainant and one copy for the use of the defendant. If two or more complainants of defendants have appeared at the hearing, such complainants or defendants must designate to whom the copy for their use shall be delivered. A similar course will be pursued in proceedings involving the suspension of tariffs.

(b) In proceedings instituted by the Commission on its own motion, other than proceedings involving the suspension of tariffs, no copies of the transcript will be furnished by the Commission."

§ 77d. Enforcement of orders of Interstate Commerce Commission. "Upon the request of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act of the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation." 1

"Except as otherwise provided in this Act, all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction." la

"If any carrier fails or neglects to obey any order of the commission other than for the payment of money, while the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney-General, may apply to the appropriate district court for the enforcement of such order. If, after hearing, that court determines that the carrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process mandatory or otherwise, to restrain such carrier, its officers, agents or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same."'

§ 77d. 1 Act of Feb. 4, 1887, ch. 104, 20, 24 St. at L. 386, as amended June 29, 1906, ch. 3591, $7, 34 St. at L. 593, Feb. 25, 1909, 35 St. at L. 649, June 18, 1910, ch. 309, $ 14, 36 St. at L. 555, March 4, 1915, ch. 176, § 1, 38 St.

at L. 1196, Aug. 9, 1916, ch. 301, 39 St. at L. 441, Feb. 28, 1920, $434, 436, Comp. St. § 8592.

1a Ibid. § 13 Act of Feb. 28, 1920, $$ 418, 421.

2 March 2, 1889, ch. 382, § 8, 25 St. at L. 862, Comp. St. § 8593.

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