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in the copies may be stamped or typed, and the notarial seal may be omitted.
(3) Service upon States; publication of notice; questionnaire. Upon receipt of the application the Commission will: (i) serve notice on and file a copy thereof with the governor and the railroad or public-service commission of each State in which applicant will operate, accompanied by an inquiry as to whether the governor or other representative of the State desires to be heard in the matter; (ii) transmit to the applicant a questionnaire, together with a notice of the filing of the application, which notice shall be published by the applicant at least once during each of 3 consecutive weeks in some newspaper of general circulation in each county in which applicant will operate.
(4) Return to questionnaire; comments by other parties. Applicant's return to the questionnaire shall be filed with the Commission as soon as practicable, but not later than 6 weeks after receipt thereof. Copies of the return will be mailed by the Commission to each railroad with which applicant will directly connect and also to each water line with which applicant will compete. Such railroads and water lines will be permitted to file comments on the application and return to the questionnaire within 6 weeks unless the Commission shall fix a different time. Copies of the comments should be mailed by parties filing them to the applicant and other interested water lines and rail carriers, and the Commission should be advised that this has been done. Action will not be taken on the application, and a hearing thereon, if considered necessary by the Commission, will not be ordered until after the return to the questionnaire and the comments thereon shall have been received.
(5) Copies of return and comments sent to States. The Commission will mail a copy of the return to the questionnaire and of the comments thereon to the governor and public service commission of each State in which applicant will operate.
(6) Filing statements as to basis of divisions. If applicant and the connecting railroads are unable to agree upon equitable divisions of joint rates which may be established as a result of the application, the applicant and any interested railroad may file with the Commission statements indicating the basis of divisions which they seek with reasons in support thereof.
(7) Petitions for suspension or modification of findings. Petitions for suspension or modification of the Commission's findings upon the application or complaint concerning the reasonableness or lawfulness of any through routes, joint rates, differentials, and divisions, ordered by the Commission, and seeking a hearing thereon, shall conform to the general rules governing petitions and complaints and shall be served on such parties as the Commission may designate.
(c) Specifications, form and style. The application, return to questionnaire, and comments thereon shall conform with § 1.21 (a)– (c).*+
**For statutory and source citations, see note to § 1.1.
1.19 Suspensions of tariff schedules; time of protest; matters to be stated; number of copies. Suspensions of tariff schedules under section 15 (7) of the Act will not ordinarily be considered unless protest and application therefor is made in writing or by telegram at least 10 days before the effective date named in the schedule. Applications for suspensions must indicate the schedule affected by its Interstate Commerce Commission number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof. If such application is made by telegram, it must be confirmed and followed by application in writing and should succinctly state the substance of the matters to be set forth in the written application. Seven copies of each written application must be furnished to the Commission.*+ 1.19a Proceedings in finance cases-(a) Finance cases defined; general rules applicable. Proceedings under the following provisions of law, collectively referred to as "finance cases", will be governed by the rules of practice in this part, as far as applicable: Interstate Commerce Act, section 1 (18)-(20), relating to the construction, operation, or abandonment of lines of railroad; section 5 (4), relating to the consolidation, merger, purchase, lease, contract for operation, or control through stock ownership of railways; section 20a (1)-(11), relating to the issuance of securities or assumption of obligations by railroad companies; and section 20a (12), relating to the holding of positions with more than one carrier; National Industrial Recovery Act, section 203 (a) (4), title II (40 U.S.C. 403), relating to the approval of railroad maintenance and equipment; Reconstruction Finance Corporation Act, section 5 (15 U.S.C. 605), relating to the approval of loans to railroads; and section 77 (11 U.S.C. 205) Bankruptcy Act, as amended, relating to proceedings for the reorganization of a railroad.
(b) Special instructions. Special instructions as to procedure under any of these subjects, supplementing the rules in this part, will be furnished upon application to the secretary of the Commission, except as to procedure under section 5 (15 U.S.C. 605) of the Reconstruction Finance Corporation Act, for which application should be made to the Reconstruction Finance Corporation.*+
1.20 Information to parties; secretary to advise as to form. The secretary of the Commission will, upon request, advise as to the form of complaint, answer, or other paper to be filed in any proceeding.*+
1.21 Specifications as to complaints, answers, petitions, applications, briefs, etc.—(a) Typewritten or printed only. All papers to be filed under the rules in this part must be typewritten or printed. (b) Size, acceptable copies, and legibility of typewritten papers. If typewritten they must, unless otherwise specifically provided, be on paper not more than 82 inches wide or 12 inches long, weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 1/2 inches wide. The impression must be on only one side of the paper and must be double-spaced, except that long quotations should be single-spaced and indented.
**For statutory and source citations, see note to § 1.1.
Mimeographed, multigraphed, planographed, or photographed copies will be accepted as typewritten, but carbon copies, hectographed copies, white-line blue prints, or copies prepared by similar processes will not be so accepted. All copies must be clearly legible.
(c) Size of printed papers. If printed they must be in 10- or 12point type, on good unglazed paper, 5% inches wide by 9 inches. long, with inside margin not less than 1 inch wide, and with doubleleaded text and single-leaded citations.
(d) Briefs, printed or typewritten. All briefs must be printed, except that briefs of not more than 40 pages, including cover pages, indexes, and appendixes, may be typewritten.
(e) Signature. Complaints, answers, motions, petitions, applications, protests of tentative valuations, and notices must be signed in ink by the party, petitioner, or applicant, or by his or its duly authorized attorney, and must show the office and post-office address of the signer. Protests of tentative valuations must show the full name and post-office address of the protestant.*+
1.22 Computation of time; Sundays and holidays; extension of time to include following day. When the time prescribed by the rules in this part for doing any act expires on a Sunday or legal holiday, such time shall extend to and include the next succeeding day that is not a Sunday or legal holiday.**
1.23 Office and address of the Commission—(a) Transmission of pleadings, etc.; office hours. Pleadings and other papers required to be filed with the Commission may be transmitted by mail or express, or otherwise delivered, but must be received for filing at its office in Washington, D. C., within the time limit, if any, for such filing. That office is open from 9 a. m. to 4.30 p. m. of each business day except Saturday, upon which day it is open from 9 a. m. to 1 p. m. or as may specially be provided by statute or by Executive order.
(b) Address. All communications to the Commission must be addressed to Washington, D. C., unless otherwise specifically directed.** NOTE: Effective April 15, 1935, the hours of service for employees of the Commission were changed to 8:30 A. M. to 4:00 P. M., Mondays through Fridays, and 8:30 A. M. to 12:30 P. M. on Saturdays.
'These forms may be used in cases to which they are applicable, with such alterations as the circumstances may render necessary.
*For statutory and source citations, see note to § 1.1.
[Insert without abbreviation corporate title of carrier or carriers defendant]
The complaint of the above-named complainant respectfully shows:
I. That [complainant should here state nature and place of business, also whether a corporation, firm, or partnership, and if a firm or partnership, the individual names of the parties composing the same].
II. That the defendant above named is a common carrier engaged in the transportation of [passengers and] property, wholly by railroad [or, partly by railroad and partly by water], between points in the State of and points in the State of
and as such common carrier is subject to the provisions of the Interstate Commerce Act. III. That [state in this and subsequent paragraphs to be numbered IV, V, etc., the matter or matters intended to be complained of, naming every rate, fare, charge, classification, regulation, or practice the lawfulness of which is challenged, and also, if practicable, each point of origin and point of destination between which the rates, etc., complained of are applied. Where it is impracticable to designate each point, defined territorial or rate groups and typical points should be designated. Whenever practicable tariff references should be given]. See § 1.3.
[Where unlawful discrimination is charged, the facts constituting the basis of the charge should be clearly stated; that is, if the unlawful discrimination be under section 2, the person or persons claimed to be favored and the person or persons claimed to be injured should be named, and the kind of service and kind of traffic, together with the claimed similarity of the circumstances and conditions of transportation, should be set forth. See § 1.3 (1). If the discrimination be under section 3, the particular person, company, firm, corporation, locality, or traffic claimed to be accorded undue or unreasonable preference or advantage, or subjected to undue or unreasonable prejudice or disadvantage, should be stated. See § 1.3 (m). If the discrimination be under section 4, the particular provision of the section claimed to be violated-that is, whether the long-and-short-haul provision or the aggregate-of-intermediate-rates provision-as well as the facts constituting such violation, should be stated.] See § 1.3 (0).
X. That by reason of the facts stated in the foregoing paragraphs complainant has been subjected to the payment of rates [fares or charges, etc.] for transportation which were when exacted and still are (1) unjust and unreasonable in violation of section 1 of the Interstate Commerce Act, and (2) unjustly discriminatory in violation of section 2, and (3) unduly preferential or prejudicial in violation of section 3, and (4) in violation of the long-and-shorthaul [or, aggregate of intermediate rates] provision of section 4 thereof. one or more of the allegations numbered 1, 2, 3, 4, according to the facts as intended to be charged.] That complainant has been injured thereby to his damage in the sum of dollars.
Wherefore complainant prays that defendant may be required to answer the charges herein; that after due hearing and investigation an order to be made commanding said defendant [and each of them] to cease and desist from the aforesaid violations of said Act, and establish and put in force and apply in future to the transportation of between the origin and destination points named in paragraph hereof, in lieu of the rates [fares, or charges, etc.], named in said paragraph, such other rates [fares, or charges, etc.], as the Commission may deem reasonable and just [and also pay to complainant by way of reparation for the unlawful charges hereinbefore alleged the sum of $or such other sum as, in view of the evidence
to be adduced herein, the Commission shall determine that complainant is entitled to as an award of damages under the provisions of said Act for violation thereof], and that such other and further order or orders be made as the Commission may consider proper in the premises.
being duly sworn, deposes and says: that he is the complainant [or, one of the complainants; or, is the (insert title of the affiant if complainant is a corporation) of the
complainant] in the above entitled proceeding; that he has read the foregoing complaint, and knows the contents thereof; that the same are true as stated, except as to matters and things if any, stated on information and belief, and that as to those matters and things, he believes them to be true.
Subscribed in my presence, and sworn to before me, by the affiant above named, this day of 19__.
[Use an im
(Title of officer)
If the vertification is by an attorney or registered practitioner, the following: State of..
being duly sworn, deposes and says: That he is the attorney [or, registered practitioner] for the complainant in the aboveentitled proceeding; that he has read the foregoing complaint, subscribed by him, and knows the contents thereof: That the same are true as stated, of his own knowledge, except as to matters and things, if any, stated on information and belief, and that as to those matters and things, he believes them to be true. That the reason that this vertification is made by affiant, instead of by complainant [or, by one of the complainants, or, by an officer of complainant] is that (here insert the reason relied upon); that affiant is duly authorized to prosecute this complaint, and that the power of attorney authorizing him to prosecute the complaint and make the verification, is filed with the complaint.
(Jurat of officer administering the oath, as in the preceding form.)
NOTE: The foregoing suggested forms of verification, suitably modified, should be employed in complaints, amendments, and petitions for leave to intervene, when the rules require verification of such documents.
*§§ 2.1 to 2.8, inclusive, issued under the authority contained in: Sec. 5, 24 Stat. 380, sec. 11, 37 Stat. 566, secs. 407, 408, 41 Stat. 480, 42 Stat. 27, secs. 201-203, 48 Stat. 217-220, sec. 221, 48 Stat. 1080; 49 U.S.C. 5. Sec. 13, 24 Stat. 383, sec. 11, 36 Stat. 550, sec. 416, 41 Stat. 484; 49 U.S.C. 13. Sec. 17, 24 Stat. 385, sec. 6, 25 Stat. 861, sec. 2, 40 Stat. 270, secs. 430–432, 41 Stat. 492, 493, 47 Stat. 1368; 49 U.S.C. 17. Sec. 19 (a), 37 Stat. 701, sec. 433, 41 Stat. 493, secs. 1, 2, 42 Stat. 624, secs. 207, 208, 48 Stat. 221; 49 U.S.C. 19a.
In §§ 2.1 to 2.8, inclusive, the numbers to the right of the decimal point correspond with the respective form numbers in Appendix 2, Rules of practice before the Commission in proceedings under the Interstate Commerce Act and related acts, with approved forms, Interstate Commerce Commission, revised to Apr. 6, 1936.