RULES OF PRACTICE IN CASES AND PROCEEDINGS BEFORE THE COURT OF THE NORTH CAROLINA PUBLIC SESSIONS. 1. The general sessions of the court for the hearing of contested cases will be held at its office in the agricultural building, Raleigh, N. C., on the first Wednesday of each month at 11 o'clock a. m. When special sessions are held at other places such regulations as may be necessary will be made by the court. 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 COURT. 3. All petitions and complaints made before the court 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 or 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 court. 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. If party so notified shall fail to answer within ten days after such notice, then the court in its discretion may grant the relief demanded. AMENDMENTS. 6. Upon application by any petitioner or party, amendments may be allowed by the court, 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 court. STIPULATIONS. 8. Parties to cases and proceedings before the court 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 court will assign a time and place for hearing the same which will be at its office in Raleigh, N. C., at its regular session, unless otherwise ordered. Witnesses will be examined orally before the court, 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 court 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 court 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 court. When a subpoena is desired for the production of books, papers or other documentary evidence, special application must be made to the court 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 section 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 court for that purpose. PROPOSED FINDINGS OF FACT. 11. Upon the final submission of a case to the court either party may submit proposed findings of fact for the consideration of the court, 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 court quarterly reports showing in detail statement of freight and passenger earnings, operating expenses, etc., on such forms as may be prescribed from time to time by the court. 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 rate shall be charged. 8. Passengers unprovided with tickets, when opportunity has been afforded them by the railroad companies to procure the same, may be required by the railroads to pay to the conductor twenty-five cents excess of the fare upon receiving from the conductor a drawback ticket for twenty-five cents, which shall be cashed upon presentation at any ticket office of the company within twenty days after date. 9. The commission will consider applications for an advance or reduction in the standard tariff for the transportation of passengers, but no change of rates shall be of effect or put in force until ratified by the commission: Provided, that this rule shall not be construed as placing any restriction on the privilege of railroad companies to make special rates on excursion trains, or to issue what are called "commutation or mileage tickets:" Provided, no unjust discrimination is practiced. 10. Tickets on sale at any office in a city must be kept on sale at the depot ticket-office of the same railroad at the same prices. 11. That all connecting railroads which are under the management and control by lease, ownership or otherwise, of one and the same company, or at connection with a different company, shall be required to make close connection whenever practicable. 12. Railroad companies in computing passenger rates between stations where fractions of a mile are to be considered, will calculate for the nearest even number of miles. Example: For a distance of 10.49 miles or under, charge for ten miles; for 10.50 miles or over, charge for eleven miles, and so on. 13. It shall be the duty of each railroad company to bulletin at every tele graph station along its line, and other stations if possible, ten minutes in advance of the schedule time of arrival of its trains, whether such train is on time and if behind its schedule time to state, as near as can be approximated, the time of its arrival. The bulletin board shall be placed in a conspicuous place at the ticket-office, and all notices thereon of arrival and departure of trains shall be erased immediately after the departure of trains. 14. On all mixed trains, carrying passengers, where two coaches are attached, first and second-class tickets must be sold. Where only one coach is attached, only second-class rates shall be charged, unless the coach has separate apartments, then first and second-class rates may be charged. 15. That all common carriers subject to the supervision of the railroad commission shall provide such means or appliances as may be necessary to secure the careful handling of and to prevent injury to any parcel of baggage to which a check may be affixed, as provided in section 1970 of The Code. That at all minor stations, where no proper appliances are supplied, and no regular depot hand is employed, the train hands shall be required to assist the baggage-master, and lift with care all baggage from the car-doors. 16. All railroad companies, in addition to the usual bell-cord, shall place a 1 safety-cord in each coach of the regular passenger trains, running through the entire length of the same. 17. It shall be the duty of the Pullman Car Company, at all stations, on the stopping of trains, to have the doors of their cars open for the reception of passengers and require the porter to have a step ready for the convenience of passengers desiring to enter. RULES GOVERNING THE TRANSPORTATION OF FREIGHT 1. All connecting railroads, which are under the management and control, by lease, ownership or otherwise, of one and the same company, shall, for purposes of transportation, in applying this tariff, be considered as constituting but one and the same road, and the rates shall be computed as upon parts of one and the same road, unless otherwise specified. DISTANCES. 2. Since a separate rate can not be conveniently given for every possible distance, the law authorizes the commission "to ascertain what shall be the limits of longer and shorter distances." Five (5) miles has, accordingly, been fixed as the limit for a change of freight rates for all distances less than one hundred miles; and ten (10) miles for all distances over one hundred miles. The commissioners reserve the right, however, to correct the charge in extreme cases which work hardship, although the same may not violate the letter of our rules. 3. For all distances over five (5) miles and under one hundred (100) miles, the following rule will apply: When the mileage does not end in 0 or 5 the nearest mileage so ending shall govern the rate. Illustration: For a distance of twentyseven miles charge for twenty-five miles, for a distance of twenty-eight miles charge for thirty miles. 4. When freight is transported any distance greater than one hundred miles, if the mileage does not end in 0, then next ten (10) miles group above shall govern the rate. Illustration: For one hundred and twenty-one miles charge for one hundred and thirty. 5. For distance under twenty miles or over two hundred and fifty miles, a reduction of rates may be made without making a change at all stations short of two hundred and fifty miles: Provided, however, that when any railroad shall make a reduction of rates for distances over two hundred and fifty miles, the same shall apply to similar distances on all the roads controlled by the same company, and in no case shall more be charged for a less than a greater distance. REGULATIONS CONCERNING FREIGHT RATES. 6. The freight rates prescribed by the commission are maximum rates, which shall not be transcended by the railroads. They may carry, however, at less than the prescribed rates: Provided, that if they carry for less for one person, they shall for the like service carry for the same lessened rate for all persons except as mentioned hereafter; and if they adopt less freight rates from one station, they shall make a reduction of the same per cent at all stations along the line of the road so as to make no unjust discrimination as against any person or locality. But when there are between any two points in this state two or |