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UNITED STATES COMMERCE COURT.

The following rules have been adopted by the United States Commerce Court with the suggestion that additional rules will probably be adopted during the next session of the Court (1911).

RULES.

Admission of attorneys.

Parties shall be entitled to be represented in court by counsel. Any person of good moral character, learned in the law, shall be admitted to practice as an attorney and counselor of this court who shall have been previously admitted to the supreme court or any other court of the United States, or to a court of last resort of any state, or territory, and who shall be in full and regular standing therein, due proof of which shall be made by certificate from the record or from one of the judges of such court or by motion of an attorney of this court. He shall subscribe to the roll at the time of his admission and take the following oath:

I do swear (or affirm) that I will demean myself, as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States.

Arguments.

Two hours on each side shall be allowed for argument, and no more without special leave of court, obtained before the beginning of the argument. The time so allowed may be apportioned among the counsel on the same side at their discretion.

Cost and fees.

The following table of costs and fees is adopted.

Clerk:

For docketing a case....

.$5.00

For entering any final decree or order or judgment...... 1.00

For a certified copy of an entry, record or paper on file for each folio of 100 words (no such fee, however, to be less than 50 cents)....

For admission to the bar, including certificate under seal

Mashall:

For service of any writ, subpoena, or order, for each

party upon whom service is made....

.10

2.00

.. 1.00 In case of the service of process by the marshal of a district outside of the city of Washington, in addition to the fees just prescribed, the marshal shall receive the same mileage as is by law allowed to marshals for serving process issued by the District Court of the United States in the district where such service is performed.

No fees shall be taxed against the United States or the Interstate Commerce Commission.

Evidence.

The evidence in any case may be taken before one of the judges of the court specially designated to do so, who shall have power to rule upon the admission or rejection of the evidence offered; or it may be taken before an examininer duly appointed for the purpose, by standing or special order. Where neither of these methods is practicable, it may be taken by depositions, in accordance with the practice prevailing in this district courts of the United States in like cases. In all cases it shall be taken stenographically, in the form of question and answer, and reduced to typewriting and filed. No witnesses shall be examined in open court, except by leave of court for cause shown. The examiners shall be entitled to their expenses for each day actually engaged in the performance of their duties, and to such compensation as may be fixed by the court in each case.

Interstate Commerce Commission.

The Interstate Commerce Commission may cause its counsel to enter an appearance on its behalf in the office of the clerk of the court in any suit instituted in the court wherein is involved, in whole or in part, the validity of any order or requirement of the commission; and from and after such appearance the commission shall be a party to the suit and entitle to notice of any and all

proceedings therein, and may participate in such suit in the same manner and to the same extent as though named as a party at the time of its institution.

Motions.

All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion. The court may for good cause shown, shorten the time of notice of hearing of any motion.

Motions to dismiss.

Motions to dismiss a petition for want of jurisdiction, or on the ground of insufficiency, as not setting forth a good cause of action, may be made at any time before answer filed, the objections on which the motion is made being specified and filed, and may thereupon be set down for argument on two weeks' notice to the petitioner or his counsel.

Motions to dismiss the answer on the ground that no defense is set forth may also be similarly made at any time within 10 days after the answer has been filed, and shall be similarly disposed of.

If the motion to dismiss in either case is overruled, and the party making the same elects to stand by it, it may be treated as a demurrer, and judgment thereon be rendered accordingly.

Objections to the sufficiency of the petition or of the answer, as not setting forth a good cause of action or defense, may also be taken at the final hearing by way of argument without written specification.

Parties.

The party who invokes the jurisdiction of the court by petition duly filed shall be called the petitioner, and the party who answers or demurs or moves to dismiss shall be called the respondent, and the party who intervenes shall be called intervener.

Process.

Upon the filing of a petition for relief, a writ of subpoena in the name of the President of the United States shall issue, directed to the respondent or respondents, requiring him or them to answer said petition within thirty days after service thereof by filing in the clerk's office an answer which shall briefly and categorically respond to the allegations of the petition and by mail

ing a copy of said answer to the attorney of the petitioner. Such subpoena shall be under seal of the court, signed by the clerk, and bear teste of the presiding judge. A copy of the petition shall be served with the subpœna.

The service of all subpoenas shall be by delivery of a copy thereof by the officer serving the same to the respondent personally, or, in case the respondent is a railroad or other carrier, then to the designated agent of such carrier. Where the United States is a respondent, a copy shall be delivered to the chief clerk of the Department of Justice, and where the respondent is the Interstate Commerce Commission, a copy shall be delivered to the secretary of the commission.

Printing records.

The record, including the pleadings and evidence, shall be printed prior to the argument, and a sufficient number of copies, not less than twenty-five, shall be filed with the clerk for the accommodation of the court and counsel. Each party in the first instance shall bear the expense of printing his or its part of the record, which shall be taxed as a part of the costs against the losing party, except that no such costs shall be taxable against the Government or the Interstate Commerce Comission.

The briefs of counsel shall also be printed, and a like number of copies filed with the clerk; those of the petitioners at least two weeks and those of the respondents and interveners at least one week before the time when the case is set for argument.

Each counsel appearing in a case shall be entitled to a copy of the record and of the brief of the opposing counsel, which shall be forwarded to him by the clerk at once upon being filed.

In size of books, style of type, and quality of paper the printing shall be as required by the rules of the supreme court.

All records, arguments, and briefs, printed for the use of the court, must be in such form and size that they can be conveniently be bound together, so as to make an ordinary octavo volume; and, as well as all quotations contained therein, and the covers thereof, must be printed in clear type (never smaller than small pica) and on unglazed paper.

The court or any judge thereof may, for good cause shown, dispense with the requirement of printing the record on motion for preliminary injunction.

REPORT OF THE

National Securities Commission

APPOINTED UNDER ACT OF CONGRESS
JUNE 16, 1911.

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