cation it was acting not less for permanence than for the particular and special relief; and without making the vain effort to prevent all injury, it deemed itself fully justified in granting orders of temporary suspension in some of the most obvious cases, and where special grounds for urgency were shown, without first making the investigation complete for final action, leaving other cases, not thought to be so strong on the affirmative showing, to take the more deliberate course. This method of proceeding the Commission at the time believed had important advantages, and it still believes will conduce to the best results in the end.

You speak strongly and earnestly of the reasons for granting your application. But in order to warrant its being granted, it is not enough that the application, if considered by itself, appears to have merits. The Commission must consider in each case what effect the giving of relief to one applicant will have upon other interests, and your knowledge of railroad matters must enable you to perceive that in some sections of the country the granting of one application may so affect the interests of other roads as to create a necessity for the like relief to several more; the satisfaction of one claim begetting others which are equally meritorious, until, if all are satisfied, the exception becomes the rule. But when such a result is probable, the reasons for declining to make any temporary order are very conclusive. The Commission cannot consent deliberately to enter upon a highway where, to all appearance, there will be no halting place within the limits of its lawful jurisdiction. If a general suspension of the "long and short haul clause" of the statute is not to be made by a single comprehensive order, neither should the same result be reached or approached by the granting of successive orders in individual cases. In whatever the Commission may do, it must keep in view the preservation of the general rule.

It is not our purpose in this communication to express any opinion as to what ought to be the final conclusion upon your application. The Commission is not yet prepared to give its decision; and the purpose of this answer to your telegram is merely to place before you some of the reasons which up to this time have precluded definite action. That injury results to the parties interested in your road, or to any other persons, is sincerely regretted, and your belief that such is the case will be kept in mind as a reason for action as prompt as under the circumstances shall seem consistent with duty.

In these views the whole Commission concurs.
Very respectfully, yours,

J. A. HANLEY, Esq.,

T. M. COOLEY,

Chairman.

Traffic Manager Minnesota and Northwestern Railway Company,

Saint Paul.

JUNE 21, 1887.

DEAR SIR: Yours of the 13th inst., with inclosures, has been received by the Interstate Commerce Commission, and in reply thereto, and by way of giving you the information which you will need in preparing a petition or petitions, in reference to the matters mentioned in your letter for the consideration of the Commission, if you so desire, I send you a copy of the "Rules of Practice" of the Interstate Commerce Commission, so that you can put your complaint in form; also copy of letter of the Commission to the Travelers' Protective Union, and also a letter of the Commission in reply to Gen. John C. Black, Commissioner of Pensions, Now, after reading these, you will see that

in order to present a case to the Commission, it is necessary to write out the facts constituting your grievance in the shape of a petition, make oath to them before a notary public, and forward the petition to the Commission.

DEAR SIR: In reply to yours of the 25th inst., will state that while your road is a local road, yet inasmuch as it appears from your letter that it does interstate commerce business in connection with the New York Central and Hudson River Railroad Company, it is proper for you to send us your tariffs of rates, because while, as you intimate yourself, your termini being in the State of New York, your purely local business would not come under the jurisdiction of the interstate commerce law, yet is equally clear that your interstate commerce business, or that part of your freight shipped from or to points in other States, would come within the jurisdiction of the interstate commerce law, and hence it is proper for us to have your tariffs if you do any such business as that. For the Commission.

DEAR SIR: Your letter of the 4th instant to the secretary of the Interstate Commerce Commission is before me. You are doubtless right in your opinion that it would be desirable to hear the case of the Boards of Trade Union against the Chicago, Milwaukee and St. Paul Railroad Company in the territory where it arises. And I can see that there must be a great deal of testimony in the case. But I desire at this early day to impress upon counsel this fact: That if we are to be able to hear at all the cases brought before us, we must have the cooperation of counsel in saving time. We have cases now assigned for hearing which, if heard on testimony taken in the ordinary way, might well occupy us for six months, and these to be followed by numerous others already crowding along. In nearly every case, however, the major portion of the facts are not in dispute at all, and as to all such facts we are compelled to insist that counsel shall stipulate them in advance. We have had more difficulty with this matter than with any other, counsel holding themselves aloof from each other, not trying to agree, or not half trying, and then coming forward expecting to take time indefinitely in making proof of facts which are really not contested. If we had an indefinite amount of time at our disposal they might be indulged, but as the case actually is, unnecessary indulgence to some is equivalent to denial of right to others awaiting a hearing.

In the Boards of Trade Union case the facts must be largely matters of public notoriety, and it would be altogether wrong to calculate upon

taking up time to prove them by oral evidence. An agreement upon them should be all ready before we take up the case. Of course it would not be expected parties should agree upon the consequences flowing from the facts, but even as to these it is not generally necessary to go into proof as in a suit at law, for the Commission will apply its own judgment where all that is requisite is an application of ordinary common sense, and will not require or expect that evidence be adduced to show that usual results have followed.

With this letter before you I suggest that if you have charge of the case for the complainant you proceed as speedily as possible to put the facts as you understand them, and so far as you think they are indisputable, in writing, and make with the counsel for the railroad company a diligent effort to bring within the smallest possible compass the necessity for oral evidence. You can show this letter to him, and you can both understand that the Commission insists that this matter be entered upon in a spirit of mutual accommodation as a necessity of the public service. Hitherto we have found counsel ready to act in this spirit in most cases, and in the exceptional cases nothing has been gained for anybody but annoyance.

Very respectfully yours,

A. D. KEYES, Esq.,

Faribault, Minn.

T. M.. COOLEY.

APPENDIX D.

Rules of practice, adopted May 25, 1887, and orders, letters, etc., concerning procedure, filing of schedules, etc.

RULES OF PRACTICE IN CASES AND PROCEEDINGS BEFORE THE COMMISSION.

PUBLIC SESSIONS.

I. When at Washington the Commission will hold its general sessions at 11 o'clock a. m. daily, except Saturdays and Sundays, for the reception and hearing of petitions and complaints, and the transaction of such other business as may be brought before it. The sessions will be held at the office of the Commission in the Sun Building, No. 1315 F street northwest. When special sessions are held at other places such regulations as may be necessary will be made by the Commission.

PETITIONS UNDER SECTION 4.

II. Applications under the fourth section of the act for authority to charge less for longer than for shorter distances for the transportation of passengers or property must be made by petition addressed to the Commission by the carrier or carriers desiring the relief. The petition must state with particularity the extent of the relief desired and the points at and between which authority is asked to charge less for longer distances; the reasons for the relief sought must also be set forth, and the facts upon which the application is founded. The petition must be verified by some officer or agent of the carrier in whose behalf it is presented, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant. Notice must be published by a petitioner in not less than two newspapers along the line of the road having general circulation, for at least ten days prior to the presentation of a petition, stating briefly the nature of the relief intended to be applied for and the time when the application will be presented, and proof of each publication must be filed with the petition.

III. Upon the presentation of a petition for relief an investigation will be made by the Commission at a time and place to be designated, when testimony will be received for and against the prayer of the peti tion. After investigation the Commission will make such order as may appear to be just and appropriate upon the facts and circumstances of the case.

COMPLAINTS UNDER SECTION 13.

IV. Complaints under section 13 of the act of anything done or omitted to be done by any common carrier subject to the provisions of the act, in contravention of the provisions thereof, must be made by

petition, which must briefly state the facts which are claimed to constitute a violation of the act, and must be verified by the petitioner, or by some officer or agent of the corporation, society, or other body or organization making the complaint, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant.

The complainant must furnish as many written or printed copies of the complaint or petition as there may be parties complained against to be served. When a complaint is made the name of the carrier complained against must be set forth in full, and the address of the petitioner and the name and address of his attorney or counsel, if any, must be indorsed upon the complaint.

The Commission will cause a copy of the complaint to be served upon each common carrier complained against, by mail or personally, in its discretion, with notice to the carrier or carriers to satisfy the complaint or to answer the same in writing within the time specified.

ANSWERS.

V. A carrier complained against must answer the complaint made within twenty days from the date of the notice, unless the Commission shall in particular cases prescribe a shorter time for the answer to be served, and in such cases the answer must be made within the time prescribed. The original answer must be filed with the Commission, at its office in Washington, and a copy thereof must at the same time be served upon the complainant by the party answering, personally or by mail. The answer must admit or deny the material allegations of fact contained in the complaint, and may set forth any additional facts claimed to be material to the issue. The answer must be verified in the same manner as the complaint. If a carrier complained against shall make satisfaction before answering, a written acknowledgment of satisfaction must be filed with the Commission, and in that case the fact of satisfaction without other matter may be set forth in the answer filed and served on the complainant. If satisfaction be made after the filing and service of an answer, a supplemental answer setting forth the fact of satisfaction may be filed and served.

VI. If a carrier complained against shall deem the complaint insuf ficient 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. 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.

ADJOURNMENTS AND EXTENSIONS OF TIME.

VII. Adjournments and extensions of time may be granted upon the application of parties in the discretion of the Commission.

HEARINGS.

VIII. Upon issue being joined by the service of answer, the Commission, upon request of either party, will assign a time and place for hearing the same, which will be at its office in Washington, unless otherwise ordered. Witnesses will be examined orally before the Commission, except in cases when special orders are made for the taking of testimony otherwise. The petitioner or complainant must in all cases prove 10638 I C-9