Railroad Commission of Ohio oa Cg | Rules of Practice ae ean _ | ~~ Before the Commission in Cases for Clams, Charges or Demands Against Railroad Companies Under the Commission Act Po are a Columbus, Ohio F. J. Heer, State Printer 1908 Rules of Practice Before the Commission In Cases and Proceedings for the Collection of Claims, Charges and Demands. ‘Public Sessions. The general sessions of the Commission for hearing con- tested claims, charges and demands against carriers will be held at its office in the city of Columbus on such days and at such hours as the Commission may designate. When special sessions are held at other places, such regula- | tions as may be necessary will -be made by the Commission. Sessions for receiving, considering and acting upon peti- tions for claims, charges or demands, and also for considering and acting upon any business of the Commission other than the hearing of contested cases, will be held at its said office daily when the Commission is in Columbus. Le: Parties to Claims. Any person, firm, company, corporation or association, in its own behalf, may complain to the Commission by petition, in the matter of all claims, charges or demands against any rail- road for loss of or damage to property occurring while such property is in the custody of the carrier, or for overcharges upon any shipment, or for any service in violation of the laws of this state, if such claim, charges or demands have not been paid within one hundred and twenty days from the date of the filing of such claim with the railroad company. 2 Where any such complaint relates to a claim, charge or demand of a single carrier, no other carrier need be made a party, but if it relates to matters in which two or more carriers engaged in transportation by continuous carriage or shipment, are interested, the several carriers participating in such carriage or shipping are proper parties defendant. When the line of a carrier is operated by a receiver or trus- tee, both the carrier and its receiver or trustee should be made defendants. s Complaints for claims, damages or charges must be made by the party who is to be benefited by an award, except that a carrier may file written application, in such form as the Commis- sion shall prescribe, for authority to make refund to a shipper. If the claim is for refund on account of the rate; unless the rate be challenged in another and more direct proceeding, the carrier, Or Carriers, parties to the rate, must file a consent, in which it, or they, shall admit that the rate lawfully applicable at the time and over the route shipment moved was, under all the circumstances and conditions then existing, excessive and unreasonable. The carrier in such consent must indicate its willingness to publish at once a tariff containing the rate on which the refund is based, which rate shall be the maximum rate in effect for one year from date of order, unless changed by authority of the Commission. IIT, Complaints. Complaints of delay by carrier in payment of claim, charges or demands, or complaints of refusal by carrier to consider or pay claims, charges or demands must be by petition addressed » to the Railroad Commission of Ohio, which petitiofi’ shall set forth briefly the facts claimed to constitute a violation of law, or upon which the claim, charge or demand is based, and cer- tain information as follows: Railroad claim number; date of presentation of claim to railroad; disposition, if any, of claim by railroad, and reasons alleged for such disposition; character of claim (whether loss or damage, or overcharge) ; description of ede 3 the shipment as shown on railroad receipt, including number and kind of packages, weight, etc.; name of claimant; name of railroad or railroads defendants; name of consignor; name of consignee; destination of shipment; point of shipment; date of shipment; amount of claim. | All papers relating to the claim in possession of claimant should be forwarded to the Commission with the petition, and should be listed in the petition. The name of the carrier, or carriers, complained against must be stated in full, and the address of the petitioner, with the name and address of -his attorney or counsel, if any, must appear upon the petition. The complainant must furnish as many copies of the peti- tion as there may be parties complained against to be served. The Contmission will cause a copy of the petition, with notice to satisfy or answer the same within a specified time, to be served, personally or by mail, within its discretion, upon each carrier complained against. IV. Answers. A carrier complained against must answer within ten days from the date of the notice above provided for, but the Com- mission may, in a particular case, require the answer to be filed within a shorter time. The time prescribed in any case may be extended, upon good cause shown, by special order of the Commission. The original answer must be filed with the Secretary of the Commission at its office in the city of Columbus, and a copy thereof at the same time served, personally or by mail, upon the complainant, who must forthwith notify the Secretary of its receipt. The answer must specifically admit or deny the material allegations of the petition, and also set forth the facts which will be relied upon to support any such denial. If a carrier complained against shall make satisfaction be- fore answering, a written acknowledgement thereof, showing 4 the character and extent of the satisfaction given, must be filed by the complainant, and in.that case the fact and manner of sat- isfaction without other matter may be set forth in the answer. If satisfaction be made after the filing and service of an answer, such written acknowledgement must also be filed by the complainant, and a supplemental answer setting forth the fact and manner of satisfaction must be filed by the carrier. V. Service of Papers. Copies of notices or other papers must be served upon the adverse party or parties, personally or by mail; and when any party has appeared by attorney, service upon such attorney shall be deemed proper service upon the party. Vie Affidavits. ‘ Affidavits to any pleading or application may be made be- fore any officer of the United States, or of any State or Terri- tory, authorized to administer oaths. VII. Amendments. Upon application of any party, amendments to any petition or answer, in any proceeding or investigation, may be allowed by the Commission in its discretion VIII. - 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. IX. Stipulations. The parties to any proceeding or investigation in the mat- ter of claims, charges or demands 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 desired that the facts be thus agreed upon when- ever practicable. | B © Hearings. Upon issue being joined by the service of an answer or notice of hearing on the petition, the Commission will assign a time and place for hearing the case, which will be at its office in the city of Columbus, unless otherwise ordered. Witnesses will be examined orally before the Commission, unless their tes- timony be taken or the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to constitute a just claim, charge or demand, unless the carrier complained against admits the same or fails to answer the petition. The carrier must also prove facts alleged in the answer, unless admitted by the petitioner, and fully disclose its defense at the hearing. 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 ap- pear to warrant. Cases shall be argued orally upon submission of the tes- timony, unless a different time shall be agreed upon by the parties or directed by the Commission, but oral arguments may be omitted in the discretion of the Commission. XT. Depositions. ‘The testimony of any witness may be taken by deposition, at the instance of a party, in any proceeding or investigation be- fore the Commission, and at any time after the same is at issue. The Commission may also order testimony to be taken by depo- sition, in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a dis- trict or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or at- torney to either of the parties, or otherwise interested in the pro- ceeding or investigation. The same notice of taking depositions that is required by the laws of Ohio in taking depositions in civil cases must be given in writing by the party or his attorney pro- posing to take such deposition to the opposite party or his attor- ney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition, and a copy of such notice shall be filed with the Secretary. Every person whose deposition is taken shall be sworn (or may affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writ- ing, 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, xT Witnesses and ‘Subpoenas. ' Subpoenas requiring the attendance of witnesses from any place in the state of Ohio to any designated place of hearing, for the purpose of taking the testimony of such witnesses orally a <7) ee Z ‘before one or more members of the Commission, or by deposi- tion before a magistrate authorized to take the same, will, upon the application of either party, or upon the order of the Com- mission directing the taking of such testimony, be issued by any member of the Commission. Subpoenas for the production of books, papers, or docu- ments (unless directed to issue by the Commission upon its own motion) will only be issued upon application in writing. Applications to compel a party to the proceeding to produce books, papers, or documents need only set forth in a general way the books, papers, or documents desired to be produced, and that the applicant believes they will be of service in the determination of the case. Each witness who shall appear before the Commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, ' which shall be audited and paid by the state in the same man- ner as other expenses are audited and paid, upon the presen- tation of proper vouchers sworn to by such witnesses and ap- proved by the Chairman of the Commission. Provided, that no witness subpoenaed at the instance of parties other than the Commission shall be entitled to compen- sation from the state for attendance’ or travel unless the Com- mission shall certify that his testimony was material to the mat- ter investigated. | EL ) i i Ab a ay Rehearings. Applications for, re-opening a case after final submission, or for rehearing after decision made by the Commission, must be by petition, and must state’ specifically the grounds upon which the application is based. If such application be to re-open the case for further evidence, the nature and purpose of such evi- _ dence must be briefly stated, and the same must not be merely cumulative. If the application be for a rehearing, the petition must specify the findings of fact claimed to be erroneous, with a brief statement of the grounds of error; and when any rec- 8 ommendation, decision, or order of the Commission is sought to be reversed, changed, or modified on account of facts and circum- stances arising subsequent to the hearing, or of consequences resulting from compliance with such recommendation, decision, or order which are claimed to justify a reconsideration of the case, the matters relied upon by the applicant must be fully set forth. Such petition must be duly verified, and a copy thereof, with notice of the time>and place when the application will be made, must be served upon the adverse party at least ten days before the time named in such notice. XIV. Printing of Pleadings, Etc. Pleadings, depositions, and other papers of importance, shall be printed or in typewriting, and when not printed only one side of the paper shall be used. XV. Copies of Papers or Testimony. Copies of any petition, complaint, or answer in any mat- ter or proceeding before the Commission, or of any order, de- cision, or opinion by the Commission, will be furnished without charge, upon application to the Secretary by any person or car- rier party to the proceeding. x VIE. Information to Parties. The Secretary of the Commission will, upon request, :ad- vise any party as to the form of petition, answer, or other paper necessary to be filed in any case, and furnish such information from the files of the Commission as will conduce to a full pre- sentation of facts: matérial to the controversy. XVII. Address of the Commission. All complaints concerning anything done or omitted to be done by any common carrier, and all petitions or answers in any proceeding, or applications in relation thereto, and all letters and telegrams for the Commission, must be addressed, Railroad Commission of Ohio, Columbus, Ohio, unless other- ‘wise specially directed. ie FORMS. Claim against carrier. Request for Authority to Refund. Notice by carrier under Rule 5. Subpoena. 13 FORMS. These forms may be used in cases to which they are ap- plicable, with such alterations as the circumstances may render necessary. No. 1. Claim Against Carrier. State of Ohic l Before the Railroad Commission of Ohiof PRAMCLSEG edetel'a so S! =. wpe » 6.199, 6 6) 0-8 6! & ©. .8 (6.8 Fes Sela RUE days sy Cana Ne eh as. 55 a - De ladaer hier Dee core copes rail. wa... Company, Defendant. | Pe COUN AME TSRY So 2, xp eenre 2-5 eb eae ee a? 1. (State occupation and place of business, and whether complainant is a@ corporation or copartnership.) P.Ae~ 1. ©) 6) 6le Mee) \4 (aie, Be le 6 «Ww eee © 6 ee we Se 6 ee © 0 i [0.0 6 Bese vp a ee © © @\6,0 0.00 BESS USS O16 la Abid) @ ore 6 ¢ «| © (0) « Wile .07 66'S @' & @ “je 6 « Ose, 0) 8° 0 © 0 Cte © 16. @ @ ic. ra) 816 (0) © © be) 0 el 6 Peano ee ee eae! Ol p= 2) 60 Seo 6.8 © 0) «S10 0 6) ew 0° 8 0 6 6 6 0» 8 00 Bo 0 6 66 ODie) « 6) 9 he 2. That the above named rail.... company is a common carrier, engaged in the transportation of persons and property by railroad between points in the state of Ohio, and that as such common carrier, the defendant is subject to the provisions. of the laws of the state of Ohio relating to common carriers. ‘ 14 Se daa (here state concisely the matters to be complained — -of, numbering each succeeding paragraph). biel b e¥e ee ole s ole Sethe le Wasser enaga ole) 6 "8S dere es) 1s). 2 50.0 6-98 Ise a8 eee ee ee ee GUS Le Tele eisie. 4:6 Bie, os Bh 10.16,O\ Ore Oe. ys ere e OC 8L tee) 6 (86, UL e 18 6 (84611010) 8 eee 10 8k ee eee pLebsveck Se 60 eO.[pibie of. '6) eR, 6) a hers, 6 BS ©. @1poel es eae" '8 reyes (a 08.8 6. Sete Ree S18 Te eee es DESCRIPTION, iby Sale pa AIL SON) dw orate) orate Consignor, 0. 2.5 2 oe eee PALO OTS CLAIM tos as eke s plains eee Consignee, -(.7.°5.2. teen Disposition, .......--0. sence es Destination, --.0 sce ake ‘Character (Whether loss, - Origine Ais ae ee damage or ovetcharge)....... Date of shipment, ..... eee Oh, Se Re DONE Ee LTRS Amount of claim Sis. noone Description (Number and kind of packages, weight, etc.)..... Wherefore, the complainant prays that the aforesaid de- fendant company be required to answer the charges herein, and that after due hearing and investigation an order be made com- manding said rail.... company (the prayer should ask for an order requiring the carrier to pay complainant such sum as 1s found to be justly due complainant, and otherwise worded to include awy other request that may be appropriate to the peti- tion) and for such other and further order as the Commission, may deem necessary and just in the premises. ated G at scititeat. oe ae hes this PL terulOO S94 Complainant. T5 No. 2. To be filed by carrier in making request for authority to re- fund. » RAILROAD COMMISSION OF OHIO. Claim Docket No. ...... URC ea Wiha, GARDE Ait rahe ee ed , 190 vette eens , Complainant, “RR. Co. Claim: Nor. 3: 3 2 eee ae R. C. O. Claim No. .... ~ eh a ea pa , Defendant. | LD SAARI, ERRORS ae INI ee af Pe I Company respectfully requests an order authorizing the payment to the above’ named complaint, as special reparation in connection with the following shipment: MRO ESEDCILY as d's ces 6 cso. 3 date of: shipment”... 7.7. 3.524 TOG e. Pre ast ier sue 4a St i8 eX CO bi cee ees hk aoe eee MTGE! 2 5)'bud si +s, bs Sida op oes ays piCOTSIOMOE: cients Sabena NEES | Ri ae PEALE CHALE a o'sis' ghz , amount collected $..... Should be 1 lh 0 0 ee Shy hc: eRe ae PO Amount collectible $..... Amount of overcharge $....). It is admitted that the rate lawfully applicable at the time and over the route shipment moved was, under all the circum- stances and conditions then existing, excessive and unreasonable. Respectfully submitted, AU ta ep TESTE oece Ure OLIN BOG, a ease Sie. © oO ese oe 6 OF ere o ® 6 Bate 6 Oo 8 *0. Go 616 @ & 6G 6 60 oe epee a © de. 2 ee te 00 0 8.6 Dt eens ie) Mes 66) 6 6 1G) Oe 1s, 6 6 Ow 8) 8) Pee ie 6 6. ele 8 ele 8,66 be Oe 6 8 O10 6 6 a elas 6 46 eee ee Cane, 0.6) 6 e616 6.6.8 60 ere Owe) 66 © o Se Wwe eae ace 6.6 0 6 6 eee abla «6 To renew DATE DUE call 292-3900 ty ’ t iar 2 eee eww we Not: tice in p sired in 1 ut me n Qu o ors eae You The Ohio State University : in the matter O Form 10620 lng RS eee witness on the part of ..)30 2... 5 7 OMmthex ae day: Of «Ax 3 ee 2 ROG rat f.... MCOGK i at Pas , and bring with you then BUA TEE OS Weih 3s Yow aes eM ahl rks ins okie v ae : (Seal.) oar O 6 ie OR er ie ek Ge ie ieee (Norice.—Witness fees for attendance under this subpoena are to be paid by the party at whose instance the witness is sum- moned, and every copy of this summons for the witness must contain a copy of this notice.) :