ment to incorporate transactions which occur after the original complaint was filed may be allowed.23 An amendment which substitutes a new cause of action will be denied.24 When the complaint prayed merely for reparation and the facts had been stipulated; an application at the hearing for an amendment so as to include a prayer for through rates and joint rates was denied.25 When the original complaint did not seek reparation and is subsequently amended so as to include a claim therefor, the statute runs from the date of the amendment.26 "VIII. CONTINUANCES AND EXTENSIONS OF TIME. "(a) Continuances and extensions of time will be granted or denied by the Commission at its discretion. "IX. STIPULATIONS. "(a) The parties may, by stipulation in writing filed with the Commission, or presented at the hearing, agree upon any facts involved in the proceeding. It is desired that the facts be thus agreed upon in so far as and whenever practicable." 27 When the complainant fails to appear at the hearing, or fails to offer any evidence, 28 his complaint will be dismissed. A complaint will not be dismissed because there is no proof of direct damages to the complainant.20 23 Lehigh Valley R. Co. v. Am. Hay Co., 219 Fed. 539, 540. 24 Riddle D. & Co. v. Balt. & O. R. R. Co., 1 I. C. C. R. 372, 1 I. C. R. 701; Delaware State Grainge v. N. Y. P. & N. Ry. Co., 2 I. C. C. R. 309, 2 I. C. R. 187. See infra, § 210b. 25 La Salle & Bursoner County R. R. Co. v. C. & N. W. R. R. Co., 13 I. C. C. R. 610, 613. 26 Cattle Raisers' Ass'n v. C. B. & Q. R. R. Co., 10 I. C. C. R. 83, East St. Louis Walnut Co. v. St. Louis S. W. Ry. Co., 17 I. C. C. R. 582, 584; Virginia-Carolina Chemi- 27 Jackson v. St. A. & T. R. Co., 28 Holbrook v. St. Paul M. & N. Ry. Co., 1 I. C. C. R. 102, 1 I. C. R. 323. 29 Milk Producers' Protective Ass'n v. Del. La. W. R. R. Co., 7 I. C. C. R. 92, 163; Burford v. L. & N. R. R. Co., 31 I. C. C. R. 182, 185. X. HEARINGS. "(a) When issue is joined upon formal complaint by service of answer, or by failure of defendant to answer, the Commission will assign a time and place for hearing. Witnesses will be examined orally before the Commission, a Commissioner, or one of its examiners, unless their testimony is taken by deposition or the facts are agreed upon as provided for in these rules. "(b) At hearings on formal complaint the complainant shall open and close. At hearings upon applications for relief from any provision of the Act the applicant shall open and close. At hearings of investigation and suspension proceedings the respondent shall open and close. At hearings of all other investigations on the motion of the Commission, the Commission shall open and close, except as the Commission may prescribe a different order or the presiding commissioner or examiner may otherwise direct. In hearings of several proceedings upon a consolidated record the presiding commissioner or examiner shall designate who shall open and close. Interveners shall follow the party in whose behalf the intervention is made, and in all cases where the intervention is not in support of either original party the presiding commissioner or examiner shall designate at what stage such interveners shall be heard." 30 XIV. "BRIEFS AND ORAL ARGUMENT. "(a) Briefs must be printed and comply with the requirements of Rule XXI. The date of each brief must appear on its front cover or title page. Each brief should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects, with reference to the pages of the record or exhibit where the evidence appears. It should include requests for such specific findings as the party thinks the Commission should make. "(b) Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief. Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. The abstract of evidence should follow the statement of the case and precede the argument. Every brief of more than 20 pages shall contain on its front flyleaves a subject index with page references, the subject index to be supplemented by a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear. In proceedings upon complaint alleging undue prejudice to or preference of any locality as contrasted with another locality, or otherwise attacking a rate relationship, the complainant should insert in his brief opposite the statement of the case a small map or chart of the territory showing the situation involved. "(c) Briefs not filed with the Commission and served on or before the dates fixed therefor will not be received except by special permission of the Commission. All briefs must be accompanied by notice, showing service upon all other parties or their attorneys who appeared at the hearing or on brief, and 20 copies of each brief shall be furnished for the use of the Commission. Applications for extension of time in which to file briefs shall be by petition, in writing, stating the facts on which the application rests, which must be filed with the Commission at least five days before the time fixed for filing such briefs. "(d) For application in cases designated in the notices setting them for hearing as 'proposed report' cases, the following procedure will govern, superseding that prescribed elsewhere in these Rules in so far as conflicting therewith: "1. If oral argument before the presiding commissioner or examiner is desired he should be so notified at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as he may determine, having regard to other assignments for hearing before him. Such argument will be transcribed and bound with the transcript of testimony, and will be available to the Commission for consideration in deciding the case. The making of such argument shall not preclude oral argument before the Commission,' or a Division thereof, and application therefor may be made as hereinafter provided. "2. Only one initial brief shall be filed by each party. The presiding commissioner or examiner shall fix for all parties the same time within which to file their briefs. Reply briefs are not permitted at this stage. "3. After expiration of the time set for briefs the presiding or participating examiner will prepare his proposed report containing the statement of the issues and facts and the findings and conclusions which he thinks should be made. This proposed report will be served by mailing copies to the parties or attorneys who appeared at the hearing or upon brief, except that in general investigations copies may also be mailed in the Commission's discretion to other parties whose appearances are noted of record. "4. Within 20 days after service of the proposed report any party may file and serve, in the manner prescribed for briefs, exceptions to the examiner's proposed report and brief in support of the exceptions. Exceptions and brief should be contained in one print. Within 10 days after expiration of the time so fixed briefs in reply to the exception briefs may be filed and served, but will not be received later except under leave granted upon application therefor. Applications for oral argument before the Commission or a Division thereof if made by a party filing exceptions must accompany the exceptions, or if made by a party not filing exceptions must be filed not later than 10 days after the time fixed for filing and service of exceptions. "Parties or attorneys at El Paso, Tex., Salt Lake City, Utah, Spokane, Wash., or points west thereof, who appeared at the hearing or upon brief, will be allowed 5 days' additional time for filing and serving exceptions, exception briefs and reply briefs, respectively. "5. Exceptions to the examiner's proposed report either as to statements of fact or matters of law should be specific. If exception is taken to matters of law or conclusions the points relied upon should be stated separately and clearly. If exception is taken to any statement of fact reference should be made to the pages or parts of the record relied upon and a corrected statement incorporated in the exception brief. "6. In the absence of exceptions that are sustained or of ascertained error the statement of the issues and of the facts by the examiner will ordinarily be taken by the Commission as the basis of its report. "(e) Except as hereinabove provided in subdivision (d) of this rule, briefs for the various parties shall be filed in the same order as governs in the taking of their testimony at hearings. At the close of the testimony in each case the presiding commissioner or examiner will fix the time for filing and service of the respective briefs as follows, unless good cause for variation therefrom is shown: For the opening brief, 30 days from close of testimony; for the brief of the opposing party, 15 days after the date fixed for the opening brief; for reply brief, 10 days after the date fixed for the brief of the opposing party. Briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made, or within such other time as may be fixed by the presiding commissioner or examiner. Parties who fail to file opening brief, as required by this rule, will not be permitted to file reply to brief of opposing party. Except as provided in subdivision (d) of this Rule applications for oral argument before the Commission or a Division thereof shall be made at the hearing or in writing within 10 days after the close of testimony." By the Interstate Commerce Act: (1) Whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made. "(2) All reports of investigations made by the Commission shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. (3) The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports. 31 Act of Feb. 4, 1887, ch. 104, $ 14, 24 St. at L. 384, amended, March 2, 1889, ch. 382, § 4, 25 St. at L. 859, June 29, 1906, ch. 3591, ?? 31 $ 3, 34 St. at L. 589, Feb. 28, 1920, |