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"After a decision, order, or requirement has been made by the Commission in any proceeding any party thereto may at any time make application for rehearing of the same, or any matter determined therein, and it shall be lawful for the Commission in its discretion to grant such a rehearing if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the Commission may establish. No such application shall excuse any carrier from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order. of the Commission. In case a rehearing is granted the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct; and if, in its judgment, after such rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or modify the same accordingly. Any decision, order, or requirement made after such rehearing, reversing, changing, or modifying the original determination shall be subject to the same provisions as an original order."

"XV.

APPLICATIONS FOR REHEARINGS OR MODIFICATION OF ORDERS.

"(a) Applications for further hearing in a proceeding before final submission, for reopening a proceeding after final submission, or for rehearing or reargument after decision, must be made by petition, stating specifically the grounds relied upon, filed with the Commission and served by the petitioner upon all parties or attorneys who appeared at the hearing, or oral argument if had, or on brief.

"(b) If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced

must be briefly stated and must appear not to be merely cumulative.

"(c) If the application be for rehearing or reargument, the matters claimed to have been erroneously decided must be specified and the alleged errors briefly stated. If thereby any order of the Commission is sought to be vacated, reversed or modified by reason of matters which have arisen since the hearing, or of consequences which would result from compliance therewith, the matters relied upon by the petitioner must be fully set forth in the petition.

"(d) Applications for modification of orders which seek only change in the date when they shall take effect or in the period of notice thereby prescribed must be made by petition seasonably filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by telegram or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid.

"(e) A petition for rehearing that part of any case relating to reparation must be filed within 60 days after service of the finding or order therein.

"(f) Each petition filed under this rule shall be accompanied by 15 copies thereof for the use of the Commission, and by notice showing service upon the parties or attorneys who appeared as aforesaid. Within 10 days after such service any adverse party may file and serve in like manner a reply to the petition, the reply so filed to be accompanied by like number of copies for use by the Commission." 32

An application for a rehearing because of error in finding of a fact must be supported by proof, establishing a presumption of such an error.33

"XVII.

COMPLIANCE WITH ORDERS.

"(a) When an order has been issued the defendants or respondents named therein must promptly notify the Commission

32 For Rule XVI as to transcripts of Testimony, see infra, § 77a.

33 Myers v. Penn. Co., 3 I. C. C. R. 130; 2 I. C. R. 544, Procter &

on or before the date upon which such order becomes effective whether or not compliance has been made therewith. If a change in rates is required the notification must be given in addition to the filing of proper tariffs, and must specify the I. C. C. numbers of the tariffs so filed."

XVIII.

APPLICATIONS UNDER FOURTH SECTION.

"(a) Any common carrier subject to the Act may apply to the Commission, under the proviso clause of the fourth section, for such authorization as it is empowered to grant thereunder. Such application must conform to Rule XXI. The application should specify the places and traffic involved, the rates, fares, or charges on such traffic for the shorter and longer distances, the carriers other than the applicant which may be interested in the traffic, the special nature of the case, the character of the hardship claimed to exist, and the extent of the relief sought by the applicant. Upon the filing of such application the Commission will take such action as the circumstances of the case require."

XIX.
SUSPENSIONS.

"(a) Suspensions of tariff schedules under section 15 of the Act will not ordinarily be considered unless protest and application therefor is made in writing or by telegram at least 10 days before the effective date named in the schedule. Applications for suspensions must indicate the schedule affected by its I. C. C. number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof. If such application is made by telegram it must be confirmed and followed by application in writing and should succinctly state the substance of the matters to be set. forth in

G. v. Cincinnati H. & D. R. R. Co., 4 I. C. C. R. 443, 30 I. C. R. 374; see Riddle D. & Co. v. Pittsburg & L. E. R. R. Co., 1 I. C. C. R. 490,

1 I. C. R. 773; Cattle Raisers' Ass'n v. Chicago B. & Q. Ry. Co., 12 I. C. C. R. 6.

the written application. Seven copies of each written application should be furnished to the Commission."

XX.

INFORMATION TO PARTIES.

"(a) The secretary of the Commission will, upon request, advise as to the form of complaint, answer, or other paper to be filed in any proceeding.'

XXI.

SPECIFICATIONS AS TO COMPLAINTS, ANSWERS, PETITIONS, APPLICATIONS, BRIEFS, ETC.

"(a) All formal complaints, answers, motions, petitions, applications, notices, depositions, or other papers to be filed, must be typewritten or printed.

"(b) If typewritten they must be on paper not more than 812 inches wide or 12 inches long, weighing not less than 16 pounds to the ream, folio base 17 by 22 inches, with left-hand margin not less than 11⁄2 inches wide. The impression must be on only one side of the paper.

"(c) If printed they, as well as briefs, must be in 10 or 12 point type, on good unglazed paper, 5% inches wide by 9 inches long, with inside margin not less than 1 inch wide, and with double-leaded text and single-leaded citations.

"(d) Complaints, answers, motions, petitions, applications and notices must be signed in ink by the party, petitioner or applicant, or by his or its duly authorized attorney, and must show the office and postoffice address of the signer."

XXII.

OFFICE AND ADDRESS OF THE COMMISSION. "(a) Pleadings and other papers required to be filed with the Commission may be transmitted by mail or express, or otherwise delivered, but must be received for filing at its office in Washington, D. C., within the time limit, if any, for such filing. That office is open from 9 a. m. to 4:30 p. m. of each business day. "(b) All communications to the Commission must be ad

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§ 77c. Evidence and depositions before the Interstate Commerce Commission. The investigations of the Commission are not narrowly restrained by technical rules as to the relevancy of evidence, nor is a strict correspondence between allegations and proof required. The essential rules of evidence by which rights are asserted or defended must be observed. The commissioners cannot act upon their own information. All parties must be fully apprised of the evidence to be considered. They must be given an opportunity to cross examine witnesses, except possibly in the case of expert evidence, to inspect documents offered or considered and to offer evidence in explanation or rebuttal. Hearsay evidence is insufficient to justify an order." The Supreme Court has disapproved the practice on the part of a carrier to withhold a greater part of its evidence from the Commission and introduce it for the first time in the court in opposition to an application to enforce the Commission's order.

The Statute provides: "The Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act.

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