RULES OF PRACTICE

IN

CASES AND PROCEEDINGS,

ADOPTED APRIL 21, 1891.

PUBLIC SESSIONS.

1. The general sessions of the Commission for the hearing of contested cases will be held at its office in the Agricultural Building, Raleigh, N. C., on such days and at such hours as the Commission may designate. Sessions for receiving, considering and acting upon petitions, communications and applications relating to business before the Commission, and also for considering and acting upon any business of the Commission other than contested cases, will be held, unless otherwise directed, at its said office in Raleigh, at 11 o'clock A. M., on Wednesday of every week. When special sessions are held at other places such regulations as may be necessary will be made by the Commission.

PARTIES.

2. Where a complaint concerns anything done or omitted to be done by only a single carrier no other need be made a party, but if it relates to joint tariffs, or matters in which two or more carriers doing business under a common control, management or arrangement for a continuous carriage or shipment are interested, all the carriers constituting such line must be made parties. A complaint may embrace several carriers, or lines of carriers, operated separately, in the same proceeding, when the subject-matter of the complaint involves substantially the same alleged violation of the law by the several carriers or lines. Persons or carriers not parties may apply, in any pending case or proceeding, for leave to intervene and to be heard upon the questions involved.

GENERAL RULES.

PROCEEDINGS BEFORE THE COMMISSION.

3. All petitions and complaints made before the Commission for redress of alleged grievances, must plainly and distinctly set forth the grounds of complaint; the items being numbered and objections all set forth in writing. In like manner all defences must be distinctly set forth in writing, and the items numbered as above stated. These specifications, whether of complaint or defence, may be accompanied, if the parties desire, by an explanation or argument, or by any suggestion as to the proper remedy of policy, and may be verified by the affidavit of the party complaining or petitioning, taken before any person authorized to administer oaths in North Carolina, and when the complaint or petition is verified, then the answer thereto shall be verified, and the verification shall conform to the rules prescribed in The Code of North Carolina for the verification of pleadings. The parties may also be heard in person or by attorney, or by written argument, upon such written statement being first filed.

4. If a carrier complained against shall deem the complaint insufficient to show a breach of legal duty, it may, instead of filing an answer, serve on the complainant notice for a hearing of the case on the complaint; and in case of the service of such notice, the facts stated in the complaint will be taken as admitted. A copy of the notice must at the same time be filed with the Commission. The filing of an answer will not be deemed an admission of the sufficiency of the complaint, but a motion to dismiss for insufficiency may be made at the hearing.

SERVICE OF PAPERS.

5. Copies of notices or other papers must be served upon the opposite parties to the proceeding, personally or by mail, and when any party shall have appeared by attorney the service upon the attorney shall be deemed proper service upon the party.

AMENDMENTS.

6. Upon application by any petitioner or party, amendments may be allowed by the Commission, in its discretion, to any petition, answer, or other pleading in any proceeding before the Commission.

ADJOURNMENT AND EXTENSION OF TIME.

7. Adjournment and extension of time may be granted upon the application of parties in the discretion of the Commission.

STIPULATIONS.

8. Parties to cases and proceedings before the Commissioners may, by stipulation, duly signed by them and filed with the Secretary, agree upon the facts, or any portion of the facts, they deem to be involved in the controversy, which agreed statement shall be regarded and used as evidence. It is desirable that the facts be thus agreed upon whenever practicable.

HEARINGS.

9. Upon issue being joined by the service of answer, the Commission will assign a time and place for hearing the same, which will be at its office in Raleigh, N. C., unless otherwise ordered. Witnesses will be examined orally before the Commission, unless testimony be taken or facts agreed upon as otherwise provided in these rules. The petitioner or complainant must in all cases prove the existence of the facts alleged to constitute a violation of the act, unless the carrier complained of shall admit the same, or shall fail to answer the complaint. Facts alleged in the answer must also be proved by the carrier, unless admitted by the petitioner. In cases of failure to answer, the Commission will take such proof of the charge as may be deemed reasonable and proper, and make such order thereon as the circumstances of the case appear to require.

WITNESSES AND DEPOSITIONS.

10. Subpoenas requiring the attendance of witnesses will be issued. by any member of the Commission in all cases and proceedings before it, and witnesses will be required to obey the subpoenas served upon them requiring their attendance or the production of any books, papers, tariffs, contracts, agreements or documents relating to any matter under investigation or pending before the Commission. When a subpœna is desired for the production of books, papers or other documentary evidence, special application must be made to the Commission therefor, specifying the documentary evidence desired. When a cause is at issue on petition and answer, each party may proceed at once to take depositions of witnesses in the manner provided by sec

tion 1357 of The Code of North Carolina, and transmit them to the Secretary of the Commission without making any application to or obtaining any authority from the Commission for that purpose.

PROPOSED FINDINGS OF FACT.

II. Upon the final submission of a case to the Commission either party may submit proposed findings of fact for the consideration of the Commission, which findings must embrace only the material facts of the case supposed to be established by the testimony.

REPORTS.

12. Each railroad company doing business within the State of North Carolina shall file in the office of the Commissioners quarterly reports of its gross earnings upon a printed form (B).

POSTING TARIFFS.

13. Each railroad company doing business within the State of North Carolina shall post, and keep posted, at each of its respective stations, in a conspicuous place, a copy of the schedules of freight and passenger rates prescribed for said road by the Commission, together with a copy of the Commissioners' Classification, and a table of distances between stations, giving name of each station. And when any change in said schedule of rates or classification is made, either by the Commission or by any railroad company, a copy of said change shall be immediately furnished the office of the Commissioners, and shall also be posted in the same manner as the

above.

14. The rates prescribed by the Commission shall (except in cases specified) apply in either direction.

Over 5 and under 12 years of age.. One-half first-class fare.

RULES GOVERNING THE TRANSPORTATION OF PASSENGERS.

1. Each passenger shall be entitled to baggage not exceeding one hundred and fifty pounds.

2. No more than the schedule of passenger rates shall be charged where the ticket office at any station shall not have been open for a reasonable time before the departure from a station of the train upon which the passenger intends to be transported.

3. At junction points, where the incoming trains arrive so near the leaving time of the out-going train that it is not practicable for a passenger to procure a ticket, no more than the schedule of passenger rates shall be charged.

4. Railroad companies are authorized to collect the exact mileage for passenger fares if they shall make the necessary change to enable them to do so; but, if not, no more than the nearest amount ending in 5 or 0 shall be charged.

5. No railroad company shall be allowed to charge more than ten cents for full or half-rate between regular stations when the fare would be less than that amount: Provided, where the distance is not greater than two miles or under, the maximum charge for first-class tickets shall be ten cents, and five cents for second-class tickets.

6. No more than the standard passenger tariff shall be charged passengers from flag stations or other stations where tickets are not kept on sale.

7. When, in consequence of the uncertain time of arrival or departure of a delayed train, it is impracticable for tickets to be purchased, no more than the regular standard passenger tariff shall be charged.