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SECTION 17.

§ 398. Interstate Commerce Commission-Form of procedure.

§ 398 (295). Interstate Commerce Commission-Form of procedure.-SEC. 17. (As amended March 2, 1889.) That the commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. 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. 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 [Parties may appear before the commission in person or

by attorney.]

States. Any party may appear before said Commission and be heard in person or by attorney. Every vote and official act of Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Com

[Official seal.]

mission shall have an official seal, which shall be judically noticed. Either of the members of the Commission may administer oaths and affirmations and sign subpoenas.

For rules of practice adopted by the Commission in the conduct of cases and proceedings under the Act, see appendix, p. 655, infra; and as to forms of procedure adopted by the Commission, see p. 665, infra. These rules and forms have been very liberally construed by the Commission. See supra, § 367.

SECTION 18..

§ 399. Salaries of commissioners, secretary, etc.

400. Expenses of the commission.

§ 399 (296). Salaries of commissioners, secretary, etc.-SEC. 18. (As amended March 2, 1889.) [See Section 24, increasing

[Salaries of commissioners.]

salaries of Commissioncrs.] That each Commissioner shall receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall appoint a secretary, who shall re

[Secretary-how appointed; salary.]

ceive an annual salary of three thousand five hundred dollars,* payable in like manner. The Commission shall have authority

[Employees.]

to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the Commission may hire suitable

[Offices and supplies.]

offices for its use, and shall have authority to procure all necessary office supplies. Witnesses summoned before the Commis

[Witnesses' fees.]

sion shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

[Expenses of the commission-how paid.]

All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission.

(This section is amended by section 24, infra, added by the amendatory act of June 29, 1906, increasing the number and salaries of the commission.)

$ 400 (297). Expenses of the commission.-The secretary of the Interstate Commerce Commission is entitled to be reimbursed for telegrams sent by him in pursuance of directions of the commission, approved by the chairman of the commission, and

Increased to $5,000 by sundry civil act of March 4, 1907, 34 Stat. La,

accompanied by the request of the chairman that the rules of the comptroller as to the production of copies of telegrams for which credit is asked be disregarded on account of the confidential character of the messages, the secretary having also offered to submit the books of the commission to the comptroller and auditing officers of the treasury. United States v. Moseley, 187 U. S. 322, 47 L. Ed. 198 (1902), affirming the judgment of the court of claims.

SECTION 19.

§ 401. Principal office of the commission, etc.

402. Practice of commission in hearings.

§ 401 (298). Principal office of the commission, etc.—SEC. 19. That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or the parties may be promoted, or delay or expense prevented thereby, the Commission

[Sessions of the commission.]

may hold special sessions in any part of the United States. It

[Commission may prosecute inquiries by one or more of
its members in any part of the United States.]

may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this Act.

§ 402 (299). Practice of commission in hearing.-The commission has from its first organization followed the practice of directing cases involving local rates to be heard before one or more members of the Commission at a central point in the territory immediately affected by the rates.

SECTION 20.

§ 403. Section 20 as amended.

404. The amendments of 1906 and 1910.

405. Railroads not subject to section 20 of the act.

406. The enforcement of reports by mandamus.

407. The liability of the initial carrier.

408. The employment of special examiners.

409. The effectiveness of the publicity provisions of the section.

§ 403. Section 20 as amended.-SEC. 20. (As amended June 29, 1906, February 25, 1909, and June 18, 1910.) That the Com[Officers subject to act, and owners of railroads engaged

in interstate commerce must render full annual reports
to commission; and commission is authorized to pre-
scribe manner in which reports shall be made and re-
quire specific answers to all questions.]

mission is hereby authorized to require annual reports from all common carriers subject to the provisions of this Act, and from the owners of all railroads engaged in interstate commerce as defined in this Act; to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need informa

[What reports of carriers shall contain.]

tion. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the numbers of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class; the accidents to passengers, employees, and other persons, and the causes thereof; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall

[Commission may prescribe uniform system of accounts
and manner of keeping accounts.]

also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts affecting the same as the Commission may require; and the Commission may, in its discretion, for the purpose of enabling it the better to carry out the purposes of this Act, prescribe a period of time within which all common carriers subject to the provisions of this Act shall have, as near as may be, a uniform

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