cause. pleas of any of the United States, or any notary public, not being of coun sel or attorney to either of the parties, nor interested in the event of the Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition, to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness, and the time and place of the taking of his deposition; and in all cases in rem, the person having the agency or possession of the property at the time of seizure shall be deemed the adverse party, until the claim shall have been put in; and whenever, by reason of the absence from the district, and want of an attor ney of record, or other reason, the giving of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking, upon such notice as any judge authorized to hold courts in such circuit or district shall think reasonable and direct. Any person may be compelled to appear and depose as provided by this section, in the same manner as witnesses may be compelled to appear and testify in court. SEC. 864. Every person deposing as provided in the preceding sec tion shall be cautioned aud sworn to testify the whole truth and carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or by himself in the magistrate's presence, and by no other person, and shall, after it has been reduced to writing, be subscribed by the deponent. INTERSTATE COMMERCE COMMISSION, Washington. At a meeting of the Interstate Commerce Commission, held at the office of the Commission in the city of Washington on the 21st day of June, 1887: Present, all the Commissioners: The subject of the publication of joint tariffs being under consideration, the following preamble and order were unanimously adopted and directed to be sent to all railroad companies subject to the "Act to regulate commerce": Whereas section six of the "Act to regulate commerce authorizes the Commission to direct when joint tariffs shall be made public, and to prescribe the measure of publicity to be given to the same, It is ordered, as follows: Joint tariffs of rates, fares, or charges, established by two or more common carriers for the transportation of passengers or freight passing over continuous lines or routes, copies of which are required by the sixth section of the "Act to regulate commerce to be filed with the Commission, shall be made public so far as the same relate to business between points which are connected by the line of any single common carrier required by the first paragraph of said section to make public schedules of its rates, fares, and charges. Such joint tariffs shall be so published by plainly printing the same in large type of at least the size of ordinary "pica," copies of which shall be kept for the use of the public in such places and in such form that they can be conveniently inspected, at every depot or station upon the line of the carriers uniting in such joint tariff where any business is transacted in competition with the business of a carrier whose schedules are required by law to be made public as aforesaid. A true copy. EDW. A. MOSELEY, Secretary. INTERSTATE COMMERCE COMMISSION, DEAR SIR: In reply to yours of the 18th instant, inquiring whether more than one member of a traffic combination, consisting of several railroads or freight lines, must file in this office copies of their agreement, joint tariffs, etc., I am authorized to state, that provided due notice from different companies is filed here, that any one member, or an agent, is authorized to make return for all or several of the members of such combination, such filing will be sufficient for all the parties to the joint agreements, tariffs, and classifications who may give such notice. I am, very respectfully, yours, L. J. SEARGENT, Esq., EDW. A. MOSELEY, Secretary. Montreal, Quebec. Traffic Manager Grand Trunk Railway of Canada, INTERSTATE COMMERCE COMMISSION, DEAR SIR: Replying to yours of the 3d instant, the 6th section of the interstate commerce act requires that schedules "shall be plainly printed in large type, of at least the size of ordinary piea." The Commission has no power to dispense with the requirement of the statute. If you post the order of the Commission of April 23, to which you refer, and near it post your schedules, printed in book form, this, under the circumstances mentioned in your letter, will be sufficient. For the Commission. Yours, respectfully, THEO. BUTTERFIELD, Esq., General Passenger Agent, Oswego, N. Y. W. L. BRAGG, Commissioner. JUNE 14, 1887. DEAR SIR: In reply to yours of yesterday regarding the filing of copies of arrangements with other companies I have to say, that when you have identical arrangements with several companies it will be suffi cient to file one copy, together with a statement showing plainly with what other companies the like arrangement exists. Very respectfully, yours, E. F. FORD, Esq., General Passenger Agent, etc. T. M. COOLEY. INTERSTATE COMMERCE COMMISSION, SIR: In the case of schedules of passenger rates issued by a committee representing a group of roads, the Commission desires a written statement from each corporation to the effect that it is a member of the association which the committee represents, and that tariff schedules filed by the committee are to be treated as if filed by such corporation. In case there is a written agreement under which the association works a copy thereof should also be filed. Upon receipt of the foregoing as evidence of the authority of the committee, schedules of tariffs and documents issued relating to changes in passenger rates, etc., will be received by the Commission and credited to each road in the association as if filed by such road respectively. A letter of transmittal stating contents should accompany each inclosure. Yours, truly, N. E. WEEKS, Esq., EDW. A. MOSELEY, Secretary Boston Passenger Committee, Boston, Mass. Secretary. (Circular.] INTERSTATE COMMERCE COMMISSION, DEAR SIR: In the case of schedules of passenger rates, and of joint tariffs of freight charges, and of classifications, circulars, and other matter issued by a freight bureau, association, or other traffic combination consisting of several carriers, or issued by a committee representing a group of roads, the Interstate Commerce Commission desires a written statement from each corporation to the effect that it is a member of the association in question, and that schedules, tariffs, and classifications, circulars, and other printed matter issued by the committee or its chairman, or other authorized official, and filed with the Commission, are to be treated as it filed by such corporation itself. In case there is a written agreement under which the association works, a copy thereof should also be filed. Upon the receipt of the foregoing as evidence of the authority of the bureau, association, or committee, schedules, tariffs, and other documents issued by it will be received by the Interstate Commerce Commission and credited to each road in the organization as if filed by such road respectively; and in such case it will not be necessary for each carrier to file such publications individually. A letter of transmittal stating contents should accompany each inclosure. For the Commission. Very respectfully, J. N. FAITHORN, Esq., EDW. A. MOSELEY, Secretary. Chairman W. and N. W. Freight Bureau, Chicago, Ill. to say that if you ticket passengers or bill freight to points outside your State, or receive passengers or freight from points outside your State, on tickets sold or bills of lading issued by connecting lines, such busi ness is considered by the Commission to be interstate commerce. As to such business the requirements of the Commission are as stated in letter to the Orange County Belt Railway Company, a copy of which is inclosed. Very respectfully, EDW. A. MOSELEY, Secretary. INTERSTATE COMMERCE COMMISSION, Washington, July 26, 1887. Replying to your communication of July 16, 1887, the Commission directs me to say that no order has as yet been made requiring the publication or posting of joint tariffs, except the one of which a copy is inclosed. The requirement of section 6 that joint tariffs be filed with the Com mission will be satisfied, so far as your company is concerned, by your filing your local tariff with a statement in writing that you make such joint tariffs by adding the locals of your road to the tariffs of other carriers with whom you connect, and not otherwise. Very respectfully, EDW. A. MOSELEY, Secretary. Oakland, Fla. ORANGE BELT RAILWAY COMPANY, APPENDIX E [Department of Statistics.] I-Circular letter to carriers. INTERSTATE COMMERCE COMMISSION, DEAR SIR. Are there any points upon the railroad of your company, or upon any railroad operated by your company, under lease or otherwise, to or from which interstate rates for passengers or freight are made by your road alone, or in combination with other roads, which are greater than the rates to or from more distant points in the same direction over the same line? If yes, please state what points are so treated. Also state the rates so made to or from such points respectively, showing the higher and the lower rates charged. The foregoing information could probably be collected from the tariffs on file in the office of the commission, but not without great labor and an enormous amount of comparison and revision. Every manager can, of course, state at once, of his own know!edge, how the fourth section of the act to regulate commerce is practically applied at the stations on his own line. The work of the Commission will be greatly facilitated by prompt answers to the above questions, which are asked under the twelfth section of the act. Any statement which you may see fit to make concerning the circumstances and conditions of the traffic, if any, conducted in opposition to the short-haul principle of the law, will be considered, and such explanation will probably be of material assistance to the Commission in the performance of its duties. For the Commission. Very respectfully, yours, C. C. MCCAIN, Auditor. II.—List of carriers which reply that they do not make interstate rates where a greater sum is charged for a shorter than for a longer distance, in the same direction over the same line, to or from any point on their respective roads. |