Графични страници
PDF файл
ePub

Rules of, and Practice before, Commission. .

First : That the Commission may conduct its proceedings in such manner as will best conduce to the proper despatch of business, and to the ends of justice. (Sec. 17.)

Second: A majority of the Commission shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. (Sec. 17.)

Third : Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. (Sec. 17.)

Fourth : Any party may appear before said Commission and be heard, in person or by attorney. (Sec. 17.)

Fifth : Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. (Sec. 17.)

Sixth : Said Commission shall have an official seal, which shall be judicially noticed. (Sec. 17.)

Seventh: Either of the members of the Commission may administer oaths and affirmations. (Sec. 17.)

Method of Procedure before Commission. The method of procedure before the Commission is laid down in the 13th and subsequent sections of the Act, with great detail, and we proceed to unfold each distinct step in the progress of an investigation before that body, from the presentation of the petition to the final judgment of the Circuit Court—where that becomes necessary.

Who May Make Complaint. First: Any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of any thing done or omitted to be done by any common carrier subject to the provisions of this Act in contravention of the provisions thereof. (Sec. 13).

Second : Said Commission shall in like manner investigate any complaint forwarded by the Railroad Commissioner or Railroad Commission of any State or territory, at the request of such Commissioner or Commission. (Sec. 13.) Third : Said Commission may institute any enquiry on its own motion in the same manner and to the same effect as though complaint had been made. (Sec. 13.)

ProceedingsHow Begun. The application to the Commission is made by petition of the complainant. (Sec. 13.)

Contents of Petition. The petition shall briefly state the facts, and be delivered to the Commission. (Sec. 13.)

Answer of Carrier. A statement of the charges thus made shall be forwarded by the Commission to such carrier. There is no time designated in the Act within which this must be done, but the use of the word “whereupon” indicates that it shall be delivered to the common carrier immediately. (Sec. 13.)

After the petition shall have been forwarded by the Commission to the carrier, such carrier shall be called upon to satisfy the complaint or answer the same in writing within a reasonable time, to be specified by the Commission.” (Sec. 13.)

Reparation or Satisfaction by Carrier. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of (Sec. 13.)

Trial or Investigation by Commission. If such a carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of IN SUCH MANNER AND BY SUCH MEANS AS IT SHALL DEEM PROPER. (Sec. 13.)

When Commissioners Shall Not Dismiss Com

plaint. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (Sec. 13.)

Form of Report of Commission. That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall include: (Sec. 14.)

(a) Findings of fact upon which the conclusions of the Commission are based. (Sec. 14.)

(6) Together with its recommendation as to what reparation, if any, should be made by the common carrier, to any party or parties who may be found to have been injured ; (Sec. 14.)

(.) And such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. (Sec 14.)

Recording Reports of Investigation. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. (Sec. 14.) Decision of Commission and Proceeding's There

under. That if in any case in which an investigation shall be made by said Commission it shall be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, (1) that any thing has been done or

« ПредишнаНапред »