St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-09-21
sUBPGNAs DUCEs TECUM.
The Interstate Commission Pro-
muIgates New Regulations.

muiSdttS new ISCEutdtiohS'
ST. LOUIS, Sept. 2O-Judge Schoon-
maker, Judge Bragg and Mr.. Veasey, of
the Interstate commerce commission,
have been in st. Louis the past few
days, and will leave here for Kansas
City tomorrow, where they have several
cases to hear. From there they go to
Chicago, and thence back to Washing
ton. In an opinion rendered by Com
missioner Bragg ON application for sub
penas duces tecum for the production
of books, contracts, vouchers, accounts
and papers in the suit of George Rice
versus various Western railroads. oil
companies, ETC., that gentleman lays
down the following rules to be observed
in such cases:
First-In laying down rules upon the SUBJ
ject of what an application shall contain for
the compulsory production of books, papers,
tariffs contracts, agreements and documents,
relating to any matter under investigation,
the commission is governed by the provis-
ions of the act to regulate commerce, and the
objects and purposes of this statute, but in
connection with these will also consider the
practice in the courts of the United States, as
well as tine rules provided by federal statutes,
in proceedings which seem to be most nearly
analogous to proceedings in which such ap-
plications TO the commission is made.
Second-In proceedings between parties,
when such an application is made to the
commission, to compel parties who are not
engaged as carriers in interstate commerce,
or others who are strangers to the proceed
ing, to produce books. papers and dOcu
ments the application should be in writing,
addressed to the commission and should
specify as nearly as may be the books, papers
or documents, for the production of which
process is desired, and they be accompanied
by an affidavit; that the books, papers or
documents desired are in the possession of
the witness, or under his control, and should
set forth facts which make prima facie
case; that these contain evidence that is ma
terial and necessary to the party seeking
their production in the pending proceedings.
and in such case, the prima facie showing
that what is required to be produced will be
legal evidence for the party demanding it,
ought to be very clear and full.
Third-Where the pplicatiOn is made to
compel one who is party to the proceeding,
and who is carrier engaged i'll interstate
commerce to produce its books for the pur-
pose of evidence on a. pending proceeding, it
is sufficient for the application to indicate in
writin in a general way what books of the
carrier should be produced, and that there is
reason to believe. and that the applicant
does believe that in the course Of the hearing
they will become OF service on account of the
light they will throw upon the questions in
controversy in the proceedings. and as an
evidence of good faith in making the appli-
cation, the applicant should make an affi-
davit as part of the application; that such
application is made in good faith, and not
for the purpose of vexing or harassing the
def endant, and upon such a showing as a
general rule the process should issue. unless
the number OF books called for should be so
large, or from other exceptional circum-
stances the commission should order the
testimony to be taken at such place as would
avoid oppression in producing the books at
far distant hearing, and expedite the prog.
ress of the investigation.
ha haf N yuh q
should be prima facie showing for compul
sorry process for the production OF books,
papers, and documents as between parties
not engaged as carriers in interstate COM
merce, or strangers to the proceeding on the
one hand, and, on the other hand, carriers
who are engaged In interstate commerce, is
one that is very manifest. The books of car
riers engaged in interstate commerce, wheth-
er made up from shipping tickets, waybills,
expense bills, or otherwise, are supposed to
give the exact particulars of the consign-
ment. showing the weight, rate, and amount
of charges to be paid to company's agent,
and are put in this enduring form at the time
of the consignment as part OF the tranSac-
ton upon rates that the law requires to be
open and public and thus they give a his
tory of the details of the transaction, and
are in the nature OF semi-public records.
Shippers, cOnsignees. and even the public
NAV well have an Interest. under certain cir
cumstances, in the evidence these records
afford, as to rates. charges, facilities fur
nlshed, and the general movement OF freight.
The books of strangers to the proceeding
and of parties not engaged as carriers in in
terstate commerce, do not necessarily occupy
any such relations, though there may possibly
be such showing, as would make them ma
terial and competent evidence in the pro-
ceedings in which these transactions come
into controversy.
Fifth-There are several modes Of pro-
cedure by which the inconvenience to the
defendant carriers of producing books, and
the delay and labor of going over their en-
tries might be avoided by petitioner. For
example, if one or more witness should be
subpenaed from the different companies
proceeded against and notice should be
served with subpenas requiring witness to
furnished the published rates and tariffs of
such company for a specified period, and
also requiring them to furnish statements of
the actual charges made, and car facilities
furnish during such period to the standard
oil trust, and the others named in the appli-
cation, if different from the published tariff
and schedules. it would probably be sufficient
for all the purposes OF these proceedings; or
if the parties would take deposition by con-
sent in advance of the hearing, it would an
swer the same purpose.
Sixth--In proceedings like these 1t is
enough to show the rate is actually charged,
if there are or have been any such to certain
shippers, or consignees, different from the