fares, charges, classifications, regulations, or practices complained of apply are not already defendants, the complainant should promptly file with the Commission a supplemental complaint containing appropriate allegations and naming said carriers as additional defendants, together with copies of the supplemental complaint in sufficient number for service upon all parties to the proceeding, including the new defendants named, and also three additional copies for the use of the Commission. Service thereof will be made by the Commission. If within twenty days after such service the new defendants do not notify the Commission of their desire for resetting of a hearing already set, or for further hearing if hearing has already been had, it will be understood that no resetting or further hearing is desired.

"(5) Where the complaint seeks only reparation for a cause of action arising prior to federal control the participating carrier or carriers must be made parties defendant, but neither the Director General nor the agent designated by the President is a necessary party.

"(6) Where the complaint seeks only reparation for any cause set forth in subdivision (e) the agent designated by the President is the only necessary party defendant, but the carriers whose railroads or systems of transportation were under federal control and over which the rates, etc., applied should be specified in an appropriate place in the body of the complaint. (See form 6, Rules of Practice.)

"(7) Where the complaint seeks only the establishment of rates for the future the individual carriers must be named as defendants. Neither the Director General nor the agent designated by the President should be so named.

"(8) Where the complaint seeks reparation for any cause set forth in subdivision (c) and also the establishment of rates for the future, both the agent designated by the President and the carriers should be named as defendants."

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 addressed to Washington, D. C., unless otherwise specifically directed."

IV.
ANSWERS.

"(a) Answers must conform to the requirements of Rule XXI.

66

(b) Answers to formal complaints must be filed with the Commission within 20 days after the day on which the complaint was served. For defendants having general offices at or west of El Paso, Tex., Salt Lake City, Utah, or Spokane, Wash., said period of 20 days is extended to 30 days. The periods so fixed may be shortened or extended by the Commission when it deems advisable. The answer must in the same period be served as provided in Rule VI. Any defendant failing to file and serve answer within said period will be deemed in default and issue as to such defendant will be thereby joined.

"(c) Answers to petitions in intervention or amended complaints filed and served upon leave granted need not be separately made unless the defendants so elect, and their answers to the formal complaint will be deemed answers to the petition in intervention. Answers if separately made should be filed and served as promptly as possible, and within the same period after service of petition in intervention as is above provided for answers after service of complaints. Answers to cross-complaints filed and served upon leave granted must be filed and served within the same period after service of the cross-complaint.

"(d) All answers should be so drawn as fully and completely to advise the parties and the Commission of the nature of the defense, and should admit or deny specifically and in detail each material allegation of the pleading answered.14

14 See infra, § 174.

"(e) An answer denying that an alleged discrimination is unjust under section 2 of the Act, or that an alleged preference or prejudice is undue or unreasonable under section 3 of the Act, should state fully the grounds relied upon in making such denial.

"(f) Whenever it is apparent from the pleading answered, either by direct allegation or otherwise, that a departure from the requirements of the fourth section of the Act is involved, the answer should set forth by number the particular application or order, if any, which protects such departure.

"(g) It is desired that every effort be made to narrow the issues upon hearing. Matters alleged as affirmative defenses should be separately stated and numbered. Counterclaims and set-offs against shippers are not within the jurisdiction of the Commission.

"(h) Cross-complaints alleging violations of the Act by carriers complainant or seeking relief against them thereunder may be tendered for filing by defendants with their answers, and, upon leave granted, will be filed and served by the Commission in the manner provided in Rule III for complaints. In such cases the cross-complaint will be heard, considered and disposed of in connection with the issues raised by the complaint in the same proceeding. 15

"(i) If a defendant satisfies a formal complaint, either before or after answering, a statement to that effect signed by both complainant and defendant must be filed setting forth when and how the complaint has been satisfied.

"When the carrier fails to answer the complaint the Commission will take such proof of the facts as it considers proper, and make such order as the circumstances of the case require.16

"Pleas in abatement and objections to the jurisdiction submitted before the hearing are discouraged and the decision thereupon will usually be reserved until the disposition of the whole case.17

"No replication is required." 18

15 See infra, §§ 197-201.

16 Tecumseh Celery Co. v. Cincinnati J. & N. R. Co., 5 I. C. C. R. 663, 4 I. C. R. 318.

Fed. Prac, Vol. I―31

17 Re Procedure concerning questions of law, 1 I. C. R. 224.

18 Re Procedure in cases at Issue, 1 I. C. C. R. 223, 1 I. C. R.

V.

REPARATION STATEMENTS.

FORMAL CLAIMS FOR REPARATION BASED UPON FINDINGS OF THE COMMISSION.

"(a) When the Commission finds that reparation is due, but that the amount can not be ascertained upon the record before it, that complainant should immediately prepare a statement showing details of the shipments on which reparation is claimed, in accordance with Form 5. (See page 38). The statement should not include any shipment not covered by the Commission's findings, or any shipment on which complaint was not filed with the Commission within the statutory period. See Rule III. The statement, together with the paid freight bills on the shipments, or true copies thereof, should then be forwarded to the carrier which collected the charges for checking and certification as to its accuracy. The certificate must be signed in ink by a general accounting officer of the carrier and should cover all of the information shown in the statement. If the carrier which collected the charges is not a defendant in the case its certificate must be concurred in by like signature on behalf of a carrier defendant.

"(b) If the shipments moved over more than one route a separate statement should be prepared for each route, and separately numbered, except that shipments as to which the collecting carrier is in each instance the same may be listed in a single statement is grouped according to routes.

"(c) Statements so prepared and certified shall be filed with the Commission, whereupon it will consider entry of an order for reparation.. The filing of statements will not stop the running of the statute of limitations as to shipments not covered by complaint or supplemental complaint. See Rule III.

"(d) All discrepancies, duplications, or other errors in the statements should be adjusted by the parties and correct agreed statements submitted to the Commission.19 An application for

410; Oregon Shore Line Ry. Co. v. Northern Pac. R. Co., 3 I. C. C. R. 264, 2 I. C. R. 639. .

19 For actions upon awards of reparation see supra, § 32a.

reparation is not barred by a pending suit for damages in a State court."' 20

VI.

SERVICE.

"(a) Formal complaints and, upon leave granted, petitions in intervention, supplemental complaints, cross-complaints, and amended complaints, will be served by the Commission, and copies of each must be furnished in sufficient number, as provided in Rule III in respect of complaints.

"(b) Answers, petitions, motions, applications, notices and all other papers, except depositions, in proceedings pending before the Commission upon its formal docket, must, when filed or tendered for filing by the Commission show service thereof upon all parties to the proceeding. Such service shall be made. by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each party.

“(c) When any party has appeared by attorney service upon such attorney will be deemed service upon the party." Where a complaint seeking reparation duly filed had been dismissed without prejudice upon the complainant's motion, the Commission decided that it had the power to reinstate this by an order nunc pro tunc as of the date of its first filing; but held that it could not reinstate the pleading as subsequently amended, so as to include claims not originally therein mentioned, which at the time of the application were barred by the Statutes of Limitation.21

VII.
AMENDMENTS.

"(a) Amendments to any pleading will be allowed or refused by the Commission at its discretion."

"

Amendments are allowed with great liberality 22 An amend

20 Gallody & Firestein v. Cincinnati H. & D. Ry. Co., 11 I. C. C. R. 1.

21 Werner Saw Mill Co. v. I. C. C. R. Co., 17 I. C. C. R. 388, 389,

22 Delaware State Grainge v. N. Y. P. & N. Ry. Co., 2 I. C. C. R. 309, 2 I. C. R. 187.