Lapas attēli
PDF
ePub

constitute a violation of the law, and must be signed by the petitioner, or by some officer, agent or corporation making the complaint, who must be a party in interest. 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 counsellor, if any, must appear upon the petition.

All complaints for claims for overcharge, demurrage, storage or similar charges, against any railroad or other common carrier in this State, shall be filed in the office of this commission in the city of Chicago.

5.

PETITIONS FOR CROSSING OR INTERLOCKER.

The petition shall state the name of the petitioner, its location, its business. The full names of all the defendants roads, or roads interested, the place it desires to cross said road, the manner in which it desires to cross. If an interlocker, where the same is to be placed, the roads it affects and which are interested, there shall also be filed with such petition a plat properly prepared on light thin paper showing the exact location of the road or roads, the place of crossing or interlocking. Two copies of such petition shall be filed for the use of the commission and one for each defendant road.

All contracts between railroads in relation to crossings, interlocking plants, or any other matters, shall be properly certified to by the proper officers of such railroads or other corporations, under the seal of the corporations, before filing with this commission.

6.

SERVICE OF PETITION.

The commission will cause a copy of the petition, to be served personally or by mail in its discretion, upon each defendant shown by such petition.

7.

[ocr errors]

TIME OF SERVICE.

If the petition shall be served upon the defendant ten days before the next regular meeting of the commission as herein established, the case shall stand for hearing at that meeting, but if such petition shall be served less than ten days before such regular meeting, then such petition shall stand for hearing at the next regular meeting.

8.

PLEADINGS AND BRIEFS.

All pleadings, briefs and other papers filed in any case shall be printed or typewritten. Four copies of each brief shall be filed with the secretary of the commission.

9.

PRACTICE.

Cases shall stand for hearing at such regular meetings in the order of their numbers unless the commission shall for good cause vary such order; and in the general manner of conducting hearings, producing testimony, etc., the commission will be governed by the general system of practice which obtains in the circuit courts of Illinois, so far as the same is applicable to these proceedings.

10.

CITATION BY COMMISSION.

In the case of any proceeding begun under the interlocking Act or Acts, by a citation issued by order of the commission instead of by petition, the secretary shall make such citation returnable at the next regular monthly meeting of the commission, if the same shall take place ten days or more after the time of issuing such citation; but if such citation shall not be served upon any defendant therein named ten days or more prior to the first day of the next meeting, then such citation shall stand for hearing at the next regular meeting.

11.

ANSWERS.

Such answers as any defendant may desire to make to any petition, or such return as any company may desire to make to any citation which may be issued, shall be filed in the office of the commission at Springfield not later than the morning of the day upon which said petition or citation stands for hearing upon the docket in accordance with these rules; and such answer or return shall close the written pleadings in the case.

12.

HEARINGS.

Upon issue being joined the commission will assign a time and place for hearing the case; which will be at the office at Springfield, unless otherwise ordered. Witnesses will be examined orally before the com

mission, and their testimony taken down and filed in the case, unless the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to constitute a violation of the law; unless the carrier complained against admits the same. Facts alleged in the answer must also be proved by the carrier unless admitted by the petitioner. 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 require.

13.

AMENDMENTS.

Amendments to any petition or answer in any proceeding or investigation may be allowed by the commission in its discretion.

14.

EXTENSION OF TIME.

Extension of time may be granted upon the application of any party to the proceedings in the discretion of the commission.

15.

STIPULATIONS.

The party to proceed or investigate 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 as evidence on the hearing. It is desired that the facts be thus agreed upon whenever practicable.

16.

WITNESSES AND SUBPOENA.

Subpoenas requiring the attendance of witnesses will, upon the application of either party, or upon the order of the commission, be issued by the secretary, under the seal of the commission, and such subpoenas, when issued on the application of a party shall be delivered to the party requesting the same. All fees for the service of subpoenas and all witness fees shall be paid by the party at whose instance such subpoenas shall be served or such witness called. Subpoenas for the production of books, papers or documents (unless directed to be issued by the commission upon its own motion) will be issued upon application in writing, and when it is sought to compel witnesses, not parties to the proceedings, to produce such documentary evidence, the application must be sworn to and must specify as nearly as may be the

books, papers or documents desired, and that the same are in possession of the witness or under his control; and also by facts stated in said application show that they contain evidence material to the issue. Applications to compel a party to the pro eeding 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.

17.

COPIES AND BLANK FORMS.

Copies of any petition, complaints, answer or the testimony in any matter or proceeding before the commission, or of any order, decision or opinion by the commission will be furnished upon application to the secretary upon such terms as the commission shall prescribe. Copies of blank forms will be furnished on application by the secretary without any charge.

18.

MANNER OF CONDUCTING CASES.

In all contested cases the petitioner will open and close the case. Each party will be allowed to introduce such evidence as is admissable under the rules of evidence, and each party will be fully heard upon all points in the case by counsel or other representative.

19.

PRACTICE.

The commission will be governed by the practice which obtains in the circuit court of Illinois, so far as the same is applicable.

20.

QUORUM.

Two members of the commission shall constitute a quorum for the transaction of all business that may come before the commission, and if no quorum of the commission to be present on any day named in these rules for any regular meeting of the commission, and there [are] causes on the docket ready for hearing, the secretary of the commission shall adjourn such meeting from day to day (noting the same upon the record) until a quorum is present for transaction of business, at which the hearing shall be preceeded with in the same manner as it would had a quorum been present on the day named in the rules of said meeting. When the secretary shall be aware in advance that a quorum will not

be present on the day named for regular meeting, he shall, so far as practicable, advise all interested parties by letter or otherwise, of the fact, and also let them know on what day a quorum is expected to be present.

21.

CORRESPONDENCE.

All complaints and petitions or answers of every kind and character in any proceedings before the commission, or any motion or application in relation thereto, and all letters and telegrams shall be addressed to the Railroad and Warehouse Commission, Springfield, Illinois, and may be opened by the secretary and when opened and examined by him shall be assigned and sent to the proper department of such commission. All communications requiring decision or action of the commission, shall be placed upon the desk of the chairman of the commission, said mail being assigned in accordance with the detailed rules of the office.

22.

SUBPOENAS FOR WITNESSES.

The secretary of the commission is hereby empowered, without further specific order, to issue from time to time, under his hand and seal of the commission, such subpoenas for witnesses in any case arising under either of said acts as any party thereto may request to be issued. Said secretary shall advance no fees for the service of any such subpoenas, but leave the party calling for the same to serve it or procure it to be served as he shall see fit.

23.

CASES CARRIED TO NEXT REGULAR MEETING.

Every case which may for any reason remain on the docket, not finally disposed of at the conclusion of any regular meeting of the commission, shall stand continued to the next regular meeting, in such case without specific action or instructions by the commission.

24.

OVERHEAD CLEARANCES.

The clearance for all overhead obstructions, bridges, etc., shall be not less than twenty-two (22) feet from the top of the rail for the lowest point of such overhead obstruction, except in specific cases, where by order of the commissioners, a less clearance may be permitted.

« iepriekšējāTurpināt »