Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-06-09
Railroad Commissioner Rules Adopt
eG-COmpiaints Heard.

Railroad C0mmfssiOners-Rules Adopt.
ed-Compiaints Heard.
SAN FRANCISCO. June Sth.-The following
rules have been adopted by the Railroad Com
missioners for the government Of the Board !:
The Railroad Commissioners of the State of Cali.
fornia hereby adopt the following rules to govern
the exercise of the judicial power conferred upon
the Commissioners by the State Constitution and
the laws made in pursuance thereof:
Rule 3 Any person feeling himself aggrieved by
any railroad or other transportation company, i'll
any particular, may file his complaint az inst such
railroad or transportation company with the Secre-
tary Of the Commissioners. The Secretary must in
dorse on the complaint the day, month and year
that it is fled aud must at the request OF the per-
son filing the same issue summons thereon. The
summons must be directed to the defendant, must
be signed by the Secretary and attested by the seal
OF the Commissioners, and must contain . l. The
name Of the parties to the proceeding. 2. state
II ent of the nature of the complaint. 3. direc-
ton that the defendant appear and answer it witha
thirty days after service thereon.
Rule 3. The summons may be servel by the
Bailif Of the Commissioners, or by any citizen OF
the State, and shall be served by delivering copy
thereof, together with copy Of the complaint to
the defendant, if the defendant is corporation,
to the President, Secretary, Treasurer or Managing
Agent thereof. Proof OF service of the summons
aud complaint must be as follows l. II made by
the Bailiff, bis certificate thereof. 2 Ii by any
| other person, his affidavit thereof.
Rule 4. From the time of the service of the sum-
MONS anu copy OF complaint, the commissioners
shall be deemed to have acquired Jurisdiction of the
parties and subject-matter. The voluntary appear
ance of the defendant is equivalent to personal
service.
Rule 5. The complaint must contain: /. The name
of the parties to the proceeding 2 statement of
the cause of complaint in ordinary and concise Ian
guage, giving such particulars of time, place and
circumstances as may enable the defendant to an
swer the same intelligently. g. demand OF the
relief claimed
Rule 6. The complainant may unite several causes
OF complaint in the same complaint, but the causes
so united must be separately stated.
Rule 7. The defendant may, within the time re-
quired in the summons to answer, object to the
complaint upon the following grounds l. That it
does not state facts sufficient authorize the pro-
ceedings. 2 That it contains more than one cause
OF actiou and that such causes are not separately
stated. 8. That it Is ambiguous uncertain and I'M
ineligible.
Rule s. If the objection is sustained the mplain-
ant may within ten days thereafter amend his COM
plant. IL the objection is overruled the defendant
may within ten days thereafter answer the COM
plant.
Rule 9. The answer of the defendant may contain:
l. general or specific denial Of the allegations of
the complaint controyerted by him. 2 A state
m nj OF any new matter of defense, in mitg alton
or explanation Of the charges made in he complaint.
Rule TO- The complainant may within thirty days
after the service of the object to the same
insufficient, and if the objection is sustained the
defendant within ten days thereafter amend his
| answer.
| Rule IL. The complaint, answer and demurrer
must be subscribed by the party or by some after
neg at law in his behalf Ii the complaint is veri-
fed, the answer must be verified in the same man.
by the persons and in the form required by the
Code of Civil Procedure in civil cases.
Rule II. The provisions OF Sections 49, 453, 1852
463, 45i, 49, 469 49, AL Az, 47S AIS and 476 of
tie Code of Civil Procedure shall be applicable to
| pleadngs before tn Sc Commissioners.
Rule u. II the defendant fails to appear and an
swer the complaint, the Con mssioners shlll render
such decision thereon within the relief demanded in
the complaint as the facts may warrant.
| Rule II. The Secretary OF the Commissioners must
keep calendar OF the proceedings at issue, accord
ing To the date OF service of the summons and Sec
tons 59 500 and SEQ OF the Code of Civil Procedure
shall be applicable to the proceedings to be had
after said proceedings are entered the calendar
Rule Is. Sections 63l G32, 634 and 635 of the Code
of Civil Procedure shall be applicable to trials by
! the Commissioners.
Rule TO- Any party to such proceedings, feeling
| aggrieved at the decision OF the Commissioners,
may, within sixty Gays after such decision apnly
| to the Commissioners for reheariDg Such appli-
| cation shall be in writing, and shall be filed with
| the Secretary. The application may be made upon
any all of the following grounds L. Irregularity
in the proceedings abuse # discretion by which
the party was prevented 4 ON having fair hearing.
3. Accident or surprise, which ordinary prudence
could not have guarded against 3. Newly-discoy-
cred evidence material for the party making the ap-
plication which could not with reasonab diligence
have been discovered ana produced at the trial. L.
nsufficiency Of evidence to justify the decision or
that II Is againss law Error Of law occurring on
the trial Sections 658 $50 and eco Of the Code of
Civil Procedure shall be APP icabe to such rehear.
ings.
Rule IT, Sections 66s, GEO nd GO Of the Code Of
Civil Procedure shall be applicable to the entry OF
the decisions OF these Commissioners.
Rule Is The provisions Of Part ". OF the Code of
Civil Procedure, relating to the general principles
kinds and degrees, production and effect OF evil
dence, and of the rights and duties of witnesses
shall be applicable to proceed SIS before these Com
missioners.
Rule 10. The word "person in these rules in.
cludes corporations and firms-thc singular the
plural, and the masculine, the feminine and neuter
genders.
Rule 20 These rules may be amended at any
regular meeting OF the Commissioners, and amend
ments SO made shall 90 into effect sixty days there
after.
Rule 81. These rules shall be in force from and
after the LIST dsy Of July, 1881.
J. S. CONE,
President OF Railroad Commissioners.
c. J. BEERSTECHER