DECISIONS

OF THE

BOARD OF TRANSPORTATION

TOGETHER WITH

REPORTS OF THE SECRETARIES

UPON APPLICATIONS AND PETITIONS COMING BEFORE THE BOARD UNDER SECTION 13, OF THE ACT,

FOR THE YEAR ENDING JUNE 30, 1890.

RULES OF PRACTICE IN CASES AND PROCEEDINGS BEFORE THE BOARD.

SECTION 13, AND PART OF SECTIONS 17 AND 18, AND SECTION 22, OF AN ACT TO REGULATE RAILROADS.

SECTION 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any politic or municipal organization, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof may apply to said board by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the board to such common carrier who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the board. If such common carrier within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty to investigate the matter complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of absence of direct damage to the complainant.

SEC. 17. That the board may conduct its proceedings in such a manner as will best conduce to the proper dispatch of business, and to the ends of justice. A majority of the board shall constitute a quorum for the transaction of business, but no member of said board shall participate in any hearing or proceeding in which he is pecuniarily interested. Any party may appear before said board and be heard in person or by attorney. Every vote or official act of the board shall be entered of record, and its proceedings shall be public, upon request of either party interested. Said board shall have an official seal, which shall be judicially noticed. Either of the members of the board, or of the secretaries, may administer oaths or affirmations. *

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SEC. 18 The board of transportation or any member thereof or either of its secretaries may prosecute any inquiry necessary to its duties in any part of the state, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

SEC. 22. To carry out the provisions of this act without undue burden to the state officers who compose the board of transportation, their secretaries are hereby empowered in all matters of examination and investigation, to perform the duties prescribed for the board themselves.

Provided, That all final decisions shall be made by the board themselves.

THE OFFICE OF THE BOARD WILL BE UNTIL OTHERWISE PROVIDED IN ROOMS UPON THE FIRST FLOOR OF THE NORTH WING OF THE CAPITOL BUILDING, LINCOLN, NEBRASKA.

PUBLIC SESSION.

I. Sessions of the board for the receiving, considering, and making final decisions upon reports and recomendations of the secretaries relating to contested cases, and also for considering and acting upon any business of the board not otherwise directed by these rules, will be held at its office, at 2 o'clock P. M., on the first Wednesday of each month.

General sessions of the board for the hearing of con

tested cases will be held by the secretaries, acting for the board, at the office of the board, on such days and at such hours as may be designated.

When special sessions are held at other places, such regulations as may be necessay will be made by the board.

Sessions for receiving, considering, and acting upon petitions and communications, and applications relating to business before the board, will be held by the secretaries in the performance of the duties of the board, at the office of the board, at 10 o'clock A. M. and at 2 o'clock P. M. on Mondays and Fridays of every week when the secretaries are not engaged in matters of examination and investigation elsewhere than at Lincoln.

PARTIES.

II. A complaint may embrace several carriers, or lines of carriers, operated separately, in the same proceeding, when the subject matter of the complaint involves substantially the same alleged violation of the law by the several carriers or lines. Persons or carriers, not parties may apply, in any pending case or proceeding, for leave to intervene and to be heard upon the questions involved.

COMPLAINTS UNDER SECTION 13.

III. 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, should be made by petition, which should briefly state the facts which are claimed to constitute a violation of the act, and should be verified by the petitioner, or 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 and belief of affiant.

When a complaint is made, the name of the carrier or carriers complained against should be set out in full, and the address of the petitioner, or the name and address of his attorney or counsel, if any, should, be endorsed upon the complaint.

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

ANSWERS.

IV. The carrier complained against must answer the complaint made within ten days from the date of the notice unless the board shall in particular cases prescribe a shorter time for the answer to be served, and in such case the answer must be made within the time prescribed. The original answer must be filed with the board at its office, and a copy thereof must at the same time be served upon the complainant by the party answering, personally or by mail, and notice of so doing must be mailed to the board.

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 should be verified in the same manner as the complaint. If a carrier complained against shall make satisfaction before the expiration of the time for filing an answer, the board must be apprised of the satisfaction through the filing of written notice, and in that case the fact of satisfaction, without any other matter, may be set forth in the answer and served on the complainant. If satisfaction be made after the filing or service of the answer, a supplemental answer, setting forth the fact of the satisfaction may be filed and served.

V. If the carrier complained against shall deem the complaint insufficient to show breach of legal duty, it may, instead of filing answer, give notice to the board of the