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L., 728; *g .. wº * WITH º s .. •,• : •. * sº tº $, .*, ILLUSTRATIVE FORMS - -č. Effective August 1, 1917 WASHINGTON Government PRINTING OFFICE • 1917 . . . . ... }. - . --*". K CONTENTS. Page. I. ADIDRESS AND OFFICE HOURS OF THE BOARD. 5 II. PARTIES TO PROCEEDINGS BEFORE THE BoARD............'................................ 5 III. STYLE OF PLEADINGS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 IV. FILING AND SERVICE OF PIEADINGS . . . . . . . . . 6 V. FORMAL COMPLAINTS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 VI. ANSWERS............................................. 8 VII. MOTIONS TO DISMISS - - - - - - - - - - - - - - - - - - - - - - - - - . . . . 8 VIII. STIPULATIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 IX. AMENDMENTS TO PLEADINGS................... 9 X. JOINDER OF ISSUE............. . . . . . . . . . .---------- I0 XI. HEARINGS - - - - - - - - - - - -, - - - - - - - - - - - - - - - - - - * ~ * * * * * * * * * * * * 10 XII. WITNESSES AND SUBPCENAs..................... 10 XIII. DocuWENTARY EVIDENCE........................ 11 XIV. TRANSCRIPTS OF TESTIMONY . . . . . . . . - - - - - - - - - - - 11 XV. DEPOSITIONS: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12 XVI. ORAL ARGUMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . 13 XVII. BRIEFS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 XVIII. TENTATIVE REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 XIX. PROCEEIDINGS ON MOTION OF THE BOARD . . . . 15 XX. R.E.HEARINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 XXI. REPARATION.............. . . .------------------------ 16 XXII. CONTINUANCES AND EXTENSIONS OF TIME. 17 . XXIII. COMPLIANCE WITH ORDER. S. - - - - - - - - - - - - - - - - - - - - - 17 XXIV. INFORMAL COMPLAINTS - - - - - - - - - - - - - - - - - - - - - - - - - - - 17 XXV. SATISFACTION OF COMPLAINTS. . . . . . . . . . . . . . . . . 18 ILLUSTRATIVE FORMS: 1. Formal Complaint. . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 2. Intervening Petition............. . . . . . . . . . . . ----------- 2] 3. Answer---------------------------------- ---------------- 22 4. Motion to Dismiss. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 23 5. Petition for Rehearing - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 24 6. Statement of Reparation under Rule XXI. . . . . . . . . . . 25 (3) - 3. * º ºf | RULES OF PRACTICE BEFORE THE UNITED STATES SHIPPING BOARD I Address and Office Hours of the Board—Official commu- nications, unless otherwise ordered, should be addressed to the “United States Shipping Board, Washington, D. C.” The offices of the Board are open each business day from 9.00 a.m. to 4.30 p.m. - - - - - - II Parties to Proceedings Before the Board—Any person, corporation, partnership, or association may complain to the Board of any violation of the Shipping Act by any common carrier by water in interstate or foreign commerce, as in the Act defined, including any person, corporation, partnership, or association engaged in the business of forwarding or fur- nishing wharfage, dock, warehouse, or other terminal facili- ties in connection with any such common carrier. Two or more complainants may join in a single complaint if their several causes of action involve substantially the same principle, subject, or state of facts; and two or more carriers or other persons subject to the Act, in similar cir- cumstances, may be joined as parties respondent. Where a complaint involves the application of a through rate, fare, or charge, or a regulation or practice govern- ing the operation of a through route by water, the several carriers and other parties participating in such through transportation shall be cited as respondents. So, also, where a complaint relates to the rates, regulations, or practices of water carriers operating different lines, and the object of the proceeding is to correct such rates, regulations, or practices, all the carriers therein participating shall be (5) 6 named as respondents. If a carrier against which com- plaint is made is operated by a receiver or trustee, the lat- ter as well as the carrier shall be cited as a respondent. Any person, partnership, corporation, or association hav- ing an interest in any proceeding before the Board may file with the Board, under oath and at any time prior to the hearing, an intervening petition setting forth the grounds of intervention and presenting issues reasonably pertinent to those already of record. Parties permitted by the Board to intervene will receive notice of hearings and otherwise may exercise the rights and privileges of original parties. An illustrative form of intervening petition will be found on page 21. - . . . . . . . . . - - III Style of Pleadings—Formal complaints and other plead- ings filed with the Board shall be typewritten or printed, and shall conform to the following specifications: If type- written, the impression shall be on only one side of the paper, which shall be of good quality, not more than 8% inches wide nor more than 12 inches long, with a left-hand margin of not less than 1% inches. If printed, unglazed paper of good quality shall be used, and the subject matter shall be set in 10 or 12 point type, with double-leaded text and single-leaded citations. Printed pleadings shall have an inside margin of not less than 1 inch and shall be 5% inches wide by 9 inches long. IV Filing and Service of Pleadings—Every formal com- plaint shall be filed with the Board for service by registered mail, as hereinafter provided, and direct service thereof upon the respondent shall not in any case be made by the complainant. Answers and motions to dismiss may be either so filed with the Board for service or served directly upon the complainant, but in such latter case a formal acknowledgment of service shall be filed with the Board as provided in Rules VI and VII. - - - Formal complaints may be forwarded to the Board by mail, express, or otherwise, and the date of receipt thereof shall constitute the filing date. Any other pleading sub- 7 ject to these rules shall be filed with the Board either in person or by registered mail, and if sent by registered mail the date of registry shall constitute the filing date. If, therefore, an answer or any other pleading required by any rule or order to be filed with the Board within a certain period is forwarded by registered mail, before the expira- tion of that period, to the United States Shipping Board, Washington, D. C., such pleading shall be held to have been properly filed. - - Orders of the Board, as well as formal complaints and other pleadings filed with the Board for service, will be served either in person or by registered mail; and where service is made by registered mail the ‘‘date of delivery” noted on the return receipt shall constitute the date of serv- ice. Service upon an attorney of record shall constitute a proper service upon the party for whom he may appear. V Formal Complaints—Formal complaints shall be ar- ranged substantially as indicated by Form No. 1, pages 19–20, and shall conform to the specifications of Rule III. Such complaints shall disclose, without abbreviation, the names or corporate titles and addresses of all parties com- plainant and respondent, together with the name and address of complainant's attorney, if any; and shall be so drawn as fully and clearly to advise the respondents and the Board wherein the statute is alleged to have been violated. The paragraphs of the complaint shall be numbered con- secutively from number 1, and each of such paragraphs shall be limited to the allegation of a single fact or group of related facts. º . Complaints involving the application of particular rates, fares, charges, regulations, or practices shall refer by SB numbers to the tariffs in which such items may be found. Complaints in which reparation is asked shall disclose, with reference to each claim: (a) the name and address of the complainant; (b) the name and address of each respond- ent; (c) the commodity with respect to which the claim is made; (d) the name of the vessel via which the shipment moved; (e) the port of origin; (f) the port of destination; (g) the weight or cubic contents of the shipment; (h) the 8 rate and the amount charged; (ii) the rate and the amount which should have been charged; (i) the amount of repa- ration claimed; and (k) the fact of payment by complainant of the transportation charges. - - Every formal complaint or intervening petition shall be verified under oath by the complainant or intervener, and three copies thereof, with as many additional copies as there are parties respondent to be served, shall be filed with the Board as provided in Rule IV. VI Answers—Answers to formal complaints shall be ar- ranged substantially as indicated by Form No. 3, page 22, and shall conform to the specifications of Rule III. Such pleadings shall be paragraphed, and the paragraphs there- of, so far as practicable, shall correspond in number and substance with the paragraphs of the complaints to which they respectively relate. Each paragraph of the answer shall be limited to the specific admission or denial and refu- tation of the facts alleged in the corresponding paragraph of the complaint, or to the allegation of a single fact or group of related facts relied upon by way of defense. Answers involving the application of particular rates, fares, charges, regulations, or practices shall refer by SB numbers to the tariffs in which such items may be found. Every answer shall be verified under oath by the respond- ent or intervening respondent, and three copies thereof, with as many additional copies as there are parties com- plainant to be served, shall be filed with the Board as pro- vided in Rule IV, within 20 days from the date of service of the complaint: Provided, That a written acknowledg- ment of service from any complainant will be accepted by the Board in lieu of any service copy of such answer; And provided further, That the Board, in exceptional cases and for good cause shown, will extend the period within which such answer or acknowledgment of service shall be filed. WII Motions to Dismiss—If the respondent in any case con- ceives that the matters presented by the complaint are not properly determinable by the Board, it may file, in lieu 9 of an answer, a motion to dismiss. Such a motion shall conform to the specifications of Rule III and to the arrange- ment of Form No. 4, page 23, and shall be verified by the respondent as submitted in good faith and not for the purpose of delay. * When a motion to dismiss shall have been filed in any case, as herein provided, oral argument thereon will be permitted at such time and place as may be designated by the Board, and a hearing on the merits will be deferred until the Board shall have acted upon the motion to dismiss: Provided, That the Board, in its discretion, will permit the filing of briefs in lieu of oral argument. Three copies of each motion to dismiss, with as many ad- ditional copies as there are parties complainant to be served, shall be filed with the Board as provided in Rule IV, within 10 days from the date of service of the complaint: Provided, That a written acknowledgment of service from any com— plainant will be accepted by the Board in lieu of any service copy of such motion. When a motion to dismiss shall have been denied, the re- spondent shall be immediately so advised, and thereafter within 15 days shall file an answer as provided in Rule VI. A motion to dismiss may be filed at any time by the com- plainant; and the granting of such a motion, whether offered by the complainant or by the respondent, shall terminate the proceeding before the Board. VIII Stipulations—The parties to any proceeding before the Board, by signed stipulation in writing filed with the Board or presented at the hearing, may agree upon the facts, or any portion thereof, involved in such proceeding. It is desirable that the facts be thus agreed upon whenever prac- ticable. IX Amendments to Pleadings–Amendments to formal com- plaints and other pleadings filed with the Board will be per- mitted in exceptional cases and for good cause shown. 104.197—17—2 10 X Joinder of Issue—The service of an answer, as provided in Rule VI, or the failure of the respondent within 20 days (or within such extended period as shall have been permitted by the Board) to file an answer, shall constitute a joinder of issue: Provided, That if an answer in any case shall have been filed contemporaneously with a motion to dismiss the denial by the Board of the motion to dismiss shall constitute a joinder of issue. XI Hearings—When issue in any case shall have been joined, as provided in Rule X, a hearing will be ordered at such time and place as may be designated by the Board. Witnesses at such hearings shall be examined orally unless the facts shall have been stipulated, as provided in Rule VIII, or unless the testimony shall have been taken by deposition, as provided in Rule XV. At hearings on formal complaints complainants shall open and close. At hearings in investigations conducted by the Board of its own motion its counsel shall open and close, unless in special cases it shall have been otherwise provided. Interveners shall follow the parties in whose behalf they intervene. In cases where the intervention is not in sup- port of either original party, at hearings on a consolidated record, and in all other cases, not herein specified, the presiding member or examiner of the Board will designate the order of procedure. - XII Witnesses and Subpoenas—Subpoenas requiring the attend- ance of witnesses or the production of documentary evidence, from any place in the United States, at any designated place of hearing, may be issued by any member of the Board. Such subpoenas, unless issued by the Board of its own motion, shall issue only upon application in writing; and if directed to witnesses not parties to the proceedings, such applications shall be verified and shall specify, as nearly as may be prac- ticable, the books or documents desired and the facts thereby sought to be established. Applications to compel a party to 11 the proceeding to produce books, or other documentary evi- dence need not be verified, but shall indicate the records desired and shall contain a statement that the applicant believes that such documents will be of service in the deter- mination of the issues to be submitted. * Witnesses whose testimony is taken orally shall be entitled to the same fees as are paid for like services in the courts of the United States, and such fees shall be paid by the party at whose instance such testimony shall have been taken. - XIII Documentary Evidence—Where material evidence is em- braced within a document containing also irrelevant matter not intended to be put in evidence, the party offering such evidence shall present, in comprehensive form, to opposing counsel and to the Board, before or at the hearing, true copies of such material excerpts as properly may be ad- mitted to the record. If any portion of a tariff, circular, or other document on file with the Board is offered in evidence, the party by whom it is offered shall give specific reference to the items or pages and the lines thereof to be considered. The Board will take notice of items in tariffs or in annual or other periodical reports of carriers properly on file with the Board, or in its own annual, statistical, or other official reports. Exhibits showing rates, fares, or regulations of a carrier shall refer by SB numbers to the tariffs in which such rates, fares, or regulations may be found. Whenever evidence can be condensed in tables that method of presentation should be adopted. On stipulation by the parties the presiding member or examiner of the Board will permit the filing of specified documentary evidence as a part of the record within a time subsequent to the hearing, but not less than 10 days prior to the date set for the filing of the opening brief. - XIV Transcripts of Testimony—In hearings on formal com- plaint the Board will furnish, without charge, one copy of the transcript of testimony for the use of the complainant 12 and one copy thereof for the use of the respondent. Where two or more complainants or respondents shall have ap- peared at the hearing, such complainants or respondents shall designate to whom the copies for their use, respec- tively, shall be delivered. In proceedings conducted by the Board of its own motion no copy of the transcript will be furnished free of charge. XV Depositions—Depositions for use in a proceeding before the Board may be taken before an examiner of the Board, or before any judge, commissioner, or clerk of any court of the United States or of any State, or before any mayor or chief magistrate of a city, or before any notary public not being of counsel or attorney for either of the parties nor interested in the event of the proceeding or investigation; and any such deposition may be taken in a foreign country before any officer or person designated by the Board or agreed upon by stipulation in writing signed by the parties and filed with the Board. Any party desiring to take a deposition as herein provided shall notify the Board as to the time and place of the proposed hearing, the name and post-office address of the party before whom it is desired that the deposition shall be taken, the name and post-office address of the witness whose deposition is desired, and the subject matter or matters concerning which such witness is expected to testify. An order accord- ingly will thereupon be entered by the Board and served upon all parties in interest: Provided, That the Board in any case may prescribe a different time or place of hearing or a differ- ent party before whom the deposition is to be taken from that or those suggested in the notice to the Board. . Every person whose deposition is so taken shall swear (or affirm) before giving testimony that he will tell the truth, the whole truth, and nothing but the truth concerning the matter or matters about which he is to be examined. His testimony shall be reduced to typewriting by the officer be- fore whom the deposition is taken, or under his direction, and shall be subscribed by the witness and certified by such pre- siding officer. Three copies of each deposition shall be for- 13 warded immediately by such officer, by registered mail, to the United States Shipping Board, Washington, D. C. Upon receipt thereof the Board will file one copy with the record, and will forward one copy to the complainant or his attorney and the remaining copy to the respondent or its attorney: Provided, That where there are two or more com- plainants or respondents, respectively, such copies, other than the record copy, will be forwarded by the Board to the parties respectively designated by such complainants or respondents to receive the same. No deposition shall be taken except after six days' notice to opposing parties; and no deposition shall be taken in a foreign country except after such notice as in each case shall have been determined by the Board. No deposition shall be taken in any proceeding unless the same is at issue, nor unless such deposition may be delivered to the Board at Washington at least 10 days prior to the date on which the case is set for hearing. Witnesses whose depositions are taken pursuant to these rules, and persons other than an examiner of the Board before whom any such deposition shall be taken, shall be entitled to the same fees as are paid for like services in the courts of the United States, which fees shall be paid by the party or par- ties at whose instance the deposition shall have been taken. The style of depositions shall conform to the specifications of Rule III. - XVI Oral Argument—Oral argument on motion to dismiss will be permitted as provided in Rule VII. In every other case, application for oral argument shall be made at the hearing or submitted in writing within 10 days thereafter. In proceedings on formal complaint the principal com- plainant shall open and close the argument, and argument on behalf of the other parties of record shall be offered in such order as may be determined in each case by the pre- siding member or examiner of the Board: Provided, That in so far as practicable interveners shall follow the parties in whose behalf they intervene; Amd provided further, That on oral argument on a motion to dismiss the respondent by whom the motion is offered shall open and close. 14 xv.11 Briefs—Briefs may be filed upon application made at the hearing, or upon order of the Board, and within such time as may be fixed by the Board or by the presiding member or examiner thereof. Briefs shall conform to the specifications of Rule III and shall contain a request for such specific findings as the parties may desire the Board to make. Quo- tations from the record and excerpts from cited authorities shall be reproduced in full in the text of briefs, and shall be accompanied in each instance by a specific reference to the pages of the record, volume, or publication on which such data may be found. In cases involving discrimination in rates between com- munities or localities, or otherwise involving the relationship of rates, the party filing the opening brief shall insert therein a map or chart showing the geographical situation or rela- tion of the points involved. - Every brief of more than 20 pages shall contain a compre- hensive analysis and index of the facts and arguments, and a table of the cases cited in the brief. - Briefs shall be filed by the parties in the order in which their testimony shall have been presented at the hearing, and 15 copies of every such brief, with as many additional copies as there are parties to the record, shall be filed with the Board, as provided in Rule IV, within such periods respec- tively as may be determined by the presiding member or examiner of the Board: Provided, That a written acknowl- edgment of service from any party will be accepted by the Board in lieu of any service copy of a brief so required to be filed. - - - Except in special cases the periods fixed for the filing of briefs shall be as follows: For the opening brief, 30 days after the conclusion of the testimony; for a brief in opposition, 20 days after the service of the opening brief; and for a reply brief, 15 days after the service of the brief to which it is in reply. Briefs for interveners, or acknowledgments of service thereof, shall be filed within the time fixed for the filing of the brief of the party in whose behalf the intervention is made, or within such other time as may be determined by the presiding member or examiner of the Board. - 15 XVIII Tentative Reports—After full hearing and argument in any case, as in these rules provided, a report embodying the tentative findings of the Board will be served upon each party in interest, and every such party objecting to any such finding may except thereto. Exceptions in such cases shall conform to the specifications of Rule III, and 10 copies thereof, with as many additional copies as there are opposing parties to the record, shall be filed with the Board, as pro- vided in Rule IV, within 20 days from the date of service of such tentative report. A copy of such exceptions will be served by the Board upon each of such opposing parties, who thereafter within 10 days shall answer the same respectively. Every such exception and answer thereto will be considered by the Board in determining whether such tentative report shall be affirmed or modified; and if no such exception is received such report will be affirmed and such order as may be required will be entered accordingly. - - XIX Proceedings on Motion of the Board–The Board of its own motion may investigate any violation of the Act which might be made the basis of a formal complaint; and proceedings in such cases shall be conducted substantially as in these rules provided with respect to proceedings on formal complaint. XX Rehearings—Application for the reopening of a proceed- ing after final submission, or for the rehearing or reargu- ment thereof after decision, shall be made by petition, which shall conform to the specifications of Rule III and to the arrangement of Form No. 5, p. 24. Ten copies of every such application, with as many additional copies as there are opposing parties to the record, shall be filed with the Board as provided in Rule IV. Applications for rehearing.on an order of reparation shall be so filed, if at all, within 60 days from the date of service of such order. Where an application is made to reopen a proceeding for further evidence, such evidence shall be not merely cumula- 16 tive, and the nature and purpose thereof shall be clearly stated. Where an application for rehearing is based upon the ground of error in the findings of the Board the petition shall specify the matters claimed to have been erroneously decided; and if any order of the Board is sought to be re- versed or modified on account of facts arising subsequent to the hearing, such facts shall be clearly set forth in the application for rehearing. Petitions in opposition to applications for rehearing, or for the reopening of a decided case, shall be filed with the Board, as provided in Rule IV, within 10 days from the date of Service of such application, and shall conform to the speci- fications herein provided with respect thereto. No application for or allowance of a rehearing, except by special order of the Board, shall operate as a stay of any order of the Board. XXI Reparation—Any party lawfully complaining to the Board may ask for reparation for any injury sustained by reason of any violation of the Act occurring within two years prior to the filing of the complaint. Except in special cases and for good cause shown, however, reparation will not be awarded unless specially prayed for in the complaint or in- tervening petition, or in an amendment thereto, filed prior to the submission of the case; and after a final order has been entered upon a complaint in which reparation has not been asked, or if asked has been denied, the Board ordinarily will not allow reparation upon a subsequent complaint based upon any finding made upon the first complaint. When the Board in any case shall find that reparation is due, but that the amount thereof can not be determined upon the existing record, the complainant, upon being so advised, shall immediately prepare and submit a certified statement substantially as indicated by Form No. 6, page 25. Such statement shall not include any shipment transported upon any rate not embraced within the findings of the Board, nor any shipment delivered at destination more than two years prior to the filing of the complaint; and the claim shall be certified as correct by the auditor or corresponding official of the respondent carrier. - 17 Claims for reparation filed with the Board more than two years after the date of delivery of the shipment involved will be rejected as barred by the statute of limitations. Where a claim for reparation has been submitted to the Board informally, and the complainant has been notified that such claim can be determined only on the formal docket, formal complaint shall be filed within six months from the date of such notification, where the expiration of such period is more than two years subsequent to the date on which the cause of action accrued. Otherwise the parties shall be deemed to have abandoned their claims and formal com- plaints thereafter will not be entertained. The voluntary withdrawal of an informal complaint shall be held to revive the operation of the statute, and a formal complaint there- after submitted shall be filed, if at all, within two years from the date on which the cause of action accrued. XXII Continuances and Extensions of Time–Continuances and extensions of time will be granted by the Board in exceptional cases and for good cause shown; but no application therefor, until granted by the Board, shall operate to stay any order of the Board, or to relieve any such applicant from any liability or obligation otherwise imposed. XXIII Compliance with Orders—The respondent or respondents named in any order entered by the Board shall notify the Board, on or before the effective date of such order, whether or not the requirements thereof have been or will be met. If any change in an existing rate, charge, or regulation is required by any such order to be made, such information shall be given in addition to the filing of the requisite tariffs. XXIV Informal Complaints—Any letter or written memorandum, other than a formal complaint, received by the Board, in which a violation of the Act shall be alleged, shall be regarded as an informal complaint. Such complaint need not be Verified, but should set forth concisely and in definite terms 18 the facts relied upon as constituting a violation of the Act, including the names and addresses of all parties in interest; the points of origin and destination of particular shipments, if any; the rate or rates applied thereto; the names of the vessels in which such shipments moved; the dates of delivery of such shipments; and any other data which may be material to the issues submitted. . . Upon receipt of such a complaint the Board will transmit a copy thereof to each of the carriers or other persons subject to the Act of whom complaint is made, and will endeavor, through correspondence or informal conference, to adjust the controversy. Where a settlement can not be effected through informal proceedings the complainant will be promptly so advised, and thereafter, if he so desires, may file a formal complaint as provided in Rules V and XXI. * XXV Satisfaction of Complaints—Where a formal complaint is satisfied either before or after the filing by the respondent of an answer, an acknowledgment of satisfaction, signed by both parties and stating the date and manner of adjustment, shall be filed with the Board. The Board also should be ad- vised with respect to the adjustment of informal complaints effected through negotiation between the parties, specific reference in such cases being made to the number of the informal complaint on which the matter shall have been con- sidered by the Board. - ILLUSTRATIVE FORMS, Form No. 1–Formal Complaint. BEFORE THE UNITED STATES SHIPPING BOARD. j Complainant, v. The [full corporate title] Steamship Com- Docket No. ... • pany, Respondent. Comes now the complainant in the above-entitled cause and respectfully shows: - I. That the said complainant is [a corporation organized and eacisting under the laws of the State of —, or a part- nership trading under the firm name of , or an asso- ciation composed of — and | engaged in the business of — at — :- II. That the said respondent is a corporation organized and existing under the laws of the State of — , engaged as a common carrier, in the transportation by water of pas- sengers and [or] property [between ports in the State of and — ——, a foreign country, and not oper- ating as a ferry boat or ocean tramp, or on the high seas, [or on the Great Lakes], on a regular route between ports [in , a Territory (District, or possession) of the United States, or in the State of — and ports in the State of —; and, as such common carrier, is subject to the provisions of the Federal Shipping Act of September 7, 1916. - s - III. That [This and succeeding paragraphs, numbered, re- spectively, IV, V, etc., should recite in clear and definite terms the respect in which the Act is alleged to have been violated, in- cluding a statement of every rate, charge, rule, regulation, or practice the lawfulness of which is challenged; and should indicate each point of origin and destination between which the (19) 20 rates complained of were applied. Whenever practicable tariff Teferences also should be given]. - - IX. That by reason of the facts recited in the foregoing paragraphs, the said complainant has been subjected to the payment of rates [fares or charges] for transportation which were when exacted, and which still are [unjustly dis– criminatory in violation of section, 17, or unjust and unrea- sonable in violation of section 18 of said Shipping Act. WHEREFORE, the said complainant prays that the said respondent be required to answer the charges herein; that after due hearing and investigation an order be made, com- manding said respondent to cease and desist from the aforesaid violations of said statute, and to establish and put in force and apply in future to the transportation of —— between the points of origin and destination designated in paragraph — hereof, in lieu of the rates [fares, charges, rules, regulations, or practices] named in said paragraph, such other maximum rates [fares, charges, rules, regulations, or practices] as to the Board may seem just and reasonable; [and also to pay to the said complainant by way of reparation for the unlawful charges hereinabove described the sum of $— , or such other sum as to the Board shall seem proper as an award of damages under the provisions of the said Act for the said violation thereof); and that such other and further order or orders be made as to the Board may seem proper in the premises. Dated at —, this day of —, 19–. State ºf jº e County of & - . I, -, on oath depose and say that I am la member (or president) of — the within named complainant [on whose behalf I make this affidavit]; that I have read the foregoing complaint and know the contents thereof; and that the same is true. Subscribed and sworn to before me, a notary public in and for the above-named county and State, this day. of −, 19–. - [SEAL.] * 2 1. Form No. 2—Intervening Petition. BEFORE THE UNITED STATES SHIPPING BOARD. y Complainant, ', The [full corporate title] Steamship Com- Docket No. —. pany, Respondent. - - Your petitioner, – —, respectfully represents that ſhe or it has an interest in the matters involved in the above- entitled cause, and moves that ſhe or it be allowed to inter- vene therein; and for cause of intervention avers: I. That the said petitioner is [a corporation organized and existing under the laws of the State of -——, or a part- nership trading under the firm name of ———, or an association composed of— and ——l engaged in the business of — at ——. II. That [In this and succeeding paragraphs, numbered, respectively, III, IV, etc., petitioner should specify the facts relied upon as establishing a right to intervene]. . . . WHEREFORE, the said — prays leave to intervene in the above-entitled cause, and asks to be treated as an original party thereto. - - Dated at ——, this — day of —, 19–. State of − SS. - - County of —ſ” - I, -- , on oath depose and say that I am [a mem- ber (or president) of — the within-named peti- tioner ſon whose behalf I make this affidavit]; that I have read the foregoing petition and know the contents thereof; and that the same is true. Subscribed and sworn to before me, a notary public in and for the above-named county and State, this — day of — 19—. [SEAL - smºsºm-º-º-º-º-º-º-º-º-º-º: 22 Form No 3—Answer. BEFORE THE UNITED STATES SHIPPING BOARD. º, Complainant, - ^). . - The full corporate title] Steamship Com- Docket No.——. pany, - Respondent. J Comes now the respondent in the above-entitled cause, and for answer to the complaint herein respectfully states: I. [And succeeding paragraphs respectively numbered II, III, etc.] That the allegations in paragraph — of the said complaint are ADMITTED [or DENIED with specific aver- ments in refutation, thereof]. - - [After all the allegations of the complaint are so admitted or denied, respondent in succeeding separately numbered paragraphs should present an affirmative statement of the facts relied upon by way of defense.] - - WHEREFORE the said respondent prays that the complaint herein may be dismissed. - The full corporate title Steamship Company. State of County of Iss: , -—, on oath depose and say that I am [a mem- ber (or president) of — the within-named respond- ent ſon whose behalf I make this affidavit]; that I have read the foregoing answer and know the contents thereof; and that the same is true. * Subscribed and sworn to before me, a notary public in and for the above-named county and State, this day of − —- 19—. [SEAL] - - — 23 Form No. 4.—Motion to Dismiss. BEFORE THE UNITED STATES SHIPPING BOARD. 7 Complainant, Q). * The [full corporate title] Steamship Com- Docket No. pany, Respondent. Comes now the respondent in the above-entitled cause and moves the Board to dismiss the complaint herein, and in support of said motion submits: I. That the allegations of the said complaint, as contained in paragraphs — and — thereof, fail to show that the United States Shipping Board has any jurisdiction over the said respondent [or over the subject matter of the said com- plaint]. 4. - II. That [In this and succeeding paragraphs, numbered, re- spectively, III, IV, etc., respondent should specify the grounds 'upon which the jurisdiction of the Board is challenged and Should cite authorities, if any, in support of the motion to dismiss]. WHEREFORE, the said respondent prays that the com- plaint herein may be dismissed. • The [full corporate title] Steamship Company. State of — • County of |ss. I, -, on oath depose and say that I am [a member (or president) of — the within-named respondent [on whose behalf I make this affidavit]; that I have read the foregoing motion to dismiss and know the contents thereof; and that the same is submitted in good faith and not for the purpose of delay. * Subscribed and sworn to before me, a notary public in and for the above-named county and State, this day of , 19–. - [SEAL.] 24 : : Form No. 5—Petition for Rehearing. BEFORE THE UNITED STATES SHIPPING BOARD. Complainant, Q). The [full corporate title] Steamship Com- Docket No. ę pany, Respondent. Comes now the complainant [or respondent] in the above- entitled cause, and respectfully petitions the Board to grant a rehearing herein; and in support of said petition submits: I. That [In this and succeeding paragraphs, numbered, re- spectively, II, III, etc., petitioner should set forth specifically the matters claimed to have been erroneously decided, as pro- vided in Rule XX of the Rules of Practice]. WHEREFORE, your petitioner prays that a rehearing be granted in the above-entitled cause, and that the Board enter such further order or orders in the premises as to it may Seem proper. - Dated at — this day of , 19–. State of ... } SS. County of |-- I, , on oath depose and say that I am [a member (or president) of — | the within-named peti- tioner ſon whose behalf I make this affidavit]; that I have read the foregoing petition and know the contents thereof; and that the same is true and well founded as I verily believe. - Subscribed and sworn to before me, a notary public in and for the above-named county and State, this day of −–, 19–. - [SEALſ Form No. 6—Statement of Reparation under Rule XXI. - } BEFORE THE UNITED STATES SHIPPING BOARD. j - Complainant, Docket No. * - (). The full corporate title] Steamship Company, Respondent. © As charged— Should be— Weight or cubic Contents Reparation Name of claimed VeSSel Destination Date of delivery Commodity Origin Rate Amount Tate Amount § for Complaimant. 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