Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-09-21


maker. Judge Bragg and Mr.. Veazey,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 Washington.
Tn an opinion rendered by Commissioner
Bragg, on application for subpenas 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 subjec
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 provisions oI
the act to regulate commerce, ana 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 the rules PROVIDED
by Federal statutes, in proceedings which seem
to be most nearly analogous to proceedings IN
which such applications to the commission are
Second-In proceedings between parties,
when such an application IS maoe 70 tne Com,
mission, to compel parties who are not engaged
as carriers in interstate commerce, or others
who are strangers to the proceedlng,to 10 produce
books, papers and documents, the appli.
cation 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 accom-
panied by an affidavit that the books, papers OF
documents desired are in the possession Oh the
witness. or under his control, and should set
forth facts which make prlma iacle case tnai
these contain evidence that is material and
necessary to the party seeking their production
in the pending proceedings, and to such case
the prima facie showing that what is required
TO be produced will be legal evidence Tor the
party demanding it, ought to be very clear and
fun
Third-Where the application is made to
compel one who is party to the proceeding.
commerce, to produce its books for the pur-
poses of evidence In a pending proceeding, 1t is
sufficient for the application to indicate IN
writing 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 pro-
ceedings, and as an evidence Of good faith, in
making the application the applicant should
make an affidavit, as part OF the application,
that such application is made in good faith.
and not for the purpose of vexing or harassing
the defendant; and upon such a showing. as
general rule, the process should issue, unless
the number of books called for should be SO
large or from other exceptional circumstances,
the commission should order the testimony to
be taken at such place as would avoid oppres-
sion in producing the books at far distant
hearing, and expedite the progress of the in
Vestigation.
Fourth-The difference that exists in what
should be prima facie showing for compui-
sory process for the production of books
papers and documents as between parties not
engaged as carriers in Interstate commerce,
or strangers to the proceedings on the one
hand. and, on the other hand, carriers who are
engaged in interstate commerce, is one thatis
very manifest The books of carriers engaged
in Interstate commerce, whether made up
from shipping tickets way bills expense oils
or otherwise, are supposed to give the exact
particulars of the consignment showing the
weight, rate and the amount of charges to be
paid the company's agent, and are put In this
enduring form at the time of the consignment
as part of the transaction upon rates that the
law requires to be
OPEN AND PUBLIC,
and thus they give history of the details of
the transaction, and are IN the nature of a
semi-public records. Shippers, consignees, and
even the public, may well have an interest
under certain circumstances. in the evidence
these records afford as to rates, charges, facil-
ities furnished and the general movements of
freight. The Dooks Of strangers to the pro-
ceedinC and of parties not engaged as carriers
in interstate commerce, do not necessarily
occupy any such relation to these transactions
though there may possibly be such showing
as would make them material and competent
evidence in the proceedings in which these
transactions come into controversy.
Fifth-There are several modes of procedure
by which the inconvenience to the defendant
n1fN and dnl1
labor of going over their entries, might be |
avoided by petitioner. For example, if one or
more witnesses could be subpRnaed from the |
different companies proceeded against, and a |
notice should be served with the subpoena |
requiring the witnesses to furnish the |
published rates and tariffs of such |
company f9T bs specified 0TAisS period
of the actual charges made, and car facilities |
furnished during such period to the Standard |
Oil Trust, and the others named in the applica- |
tion If different from the published tariffs and |
schedules, it would probably be sufficient for |
all the purposes of these proceedings, if the |
parties would take dispositions by consent in |
advance of the hearing it would answer the |
same purpose.
Sixth-fnp proceedings take enough to show the |
rate is actually charged, if there are or have !
been any such to certain shippers or consignees |
different from the published tariff rates, or the
preferential facilities if any such are fur |
nished by the defendants to some shippers, or |
OT
tive rates on the different commodities named |
in the complaints, and from and to designated |
points. 1nnumerable shipments with all their |
thlnuteness of detail over the various lines that
were made for many years before the act to |
regulate commerce took effect as well as since |
that date, and the names of the consignors or
consignees and many different points through /
these long periods OF time, seem to be
immaterial. 1t appears to be sufficient
for all the purposes OF these cases to
show the rates. published, the rates actu-
ally charged, and the facilities furnished |
from and TO designated points since the act to
regulate commerce went into effect, and for /
whatever light there may be thrown upon the |
question of the reasonableness and Justice of |
the rates. if any, and the fairness of the facili-
ties afforded by way of comparison, what these |
were for a reasonable time, for example, for
period of u months before the act to regulate
commerce went into effect.
Seventh-The books of the defendant carriers
as to the rates charged. facilities furnished
andlgeneral movements of freight being in the
nature of semi-public records. to any extent
that they can fairly and justly save expense
ought to give such statements and ought to do
80 as promptly as may be found
REASONABLY PRACTICABLE.
Much unnecessary controversy inconveni-
ence and delay might well be avoided, in the
first instance, as well in the subsequent
stages of proceedings if carriers would exhibit
without technical objection. what their books
show in reference to transaction in question.
to anyone who calls for the information in good
faith, believing perhaps, erroneously, that il
is, or may be, important to his interests and
when the application is seasonably and properly
made, with due regard for the convenience
of the carriers, agents or officers; and the in.
stances are numerous in which it would put an
end to the controversy, and in many others
that the parties would not then trouble the car
rier for the production of the books
Eigbth-As the application in these cases does
nor conform to the rules herein stated in ref