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to whom the copy for their use shall be delivered. A similar course will be pursued in proceedings involving the suspension of tariffs.

(b) In valuation cases and in proceedings instituted by the Commission on its own motion, other than proceedings involving the suspension of tariffs, no copies of the transcript will be furnished by the Commission. Rule XVI.

§ 338. Compliance with Orders.

When an order has been issued the defendants or respondents named therein must promptly notify the Commission on or before the date upon which such order becomes effective whether or not compliance has been made therewith. If a change in rates is required the notification must be given in addition to the filing of proper tariffs, and must specify the I. C. C. numbers of the tariffs so filed. Rule XVII.

§ 339. Applications Under Fourth Section; Applications for Certificates of Convenience and Necessity Under Inland Waterways Act.

FOURTH-SECTION APPLICATIONS.

Any common carrier subject to the Act may apply to the Commission, under the proviso clause of the fourth section, for such authorization as it is empowered to grant thereunder. Such application must conform to the requirements of Rule XXI and fourth section order No. 8900. Rule XVIII.

APPLICATIONS FOR CERTIFICATES OF CONVENIENCE AND NECESSITY BY WATER CARRIERS. A. Applications under the Inland Waterways Act for certificates of convenience and necessity to operate as common carriers upon the Mississippi and Warrior Rivers and their tributaries and for joint rates and through routes with rail carriers under the Act must contain the following information:

(a) Exact corporate name of the applicant, if a corpora

tion.

(b) Date of incorporation, and government, state or territory, under the laws of which the applicant was organized.

If incorporated under the laws of, or authorized to operate in, several states, give the facts in regard thereto.

(c) Amount. of paid-up and authorized capital stock and list of principal stockholders, if a corporation.

(d) Names of partners, if applicant is a partnership.

(e) Names of waterways on which applicant will operate and the names of applicant's terminal ports and ports of call, and names of rail carriers serving such terminal ports of call with which joint rates and through routes are desired, and the names of the water carriers with which applicant will compete.

(f) Each state through, within, or along which applicant will operate.

(g) The reasons, briefly stated, why the present or future public convenience and necessity require or will require the proposed operation.

(h) Name title, and post-office address of counsel or official to whom correspondence in regard to application is to be addressed.

(i) Whether the applicant desires a hearing upon the application.

B. The submission of said application shall be governed by the following procedure:

(a) The original application shall be signed by an executive officer of the applicant having knowledge of the matters and things therein set forth, shall be verified under oath, which shall show, among other things, that the affiant has knowledge of the matters and things therein stated and is duly authorized by the applicant to verify and file the application.

(b) Applicant shall file with the original application 15 copies for the use of the Commission, and two additional copies for each state in which applicant will operate and shall furnish additional copies as directed by the Commission. Each copy shall bear the dates and signatures that appear in the original and shall be complete in itself; the signatures in the copies may be stamped or typed, and the notarial seal may be omitted.

(c) Upon receipt of the application, the Commission will: (1) Serve notice thereon, and file a copy thereof with the governor and the public service commission of each state in which applicant will operate, accompanied by an inquiry as to whether the governor or other representative of the state desires to be heard in the matter; (2) transmit to the applicant a questionnaire, together with a notice of the filing of the application, which notice shall be published by the applicant at least once during each of three consecutive weeks in some newspaper of general circulation in each county in which applicant will operate.

(d) Applicant's return to the questionnaire shall be filed with the Commission as soon as practicable, but not later than six weeks after receipt thereof. Copies of the return will be mailed by the Commission to each railroad with which applicant will directly connect and also to each water line with which applicant will compete. Such railroads and water lines will be permitted to file comments on the application and return to the questionnaire within six weeks unless the Commission shall fix a different time. Copies of the comments should be mailed by parties filing them to the applicant and other interested waterlines and rail carriers and the Commission should be advised that this has been done. Action will not be taken on the application, and a hearing thereon, if considered necessary by the Commission, will not be ordered until after the return to the questionnaire and the comments thereon shall have been received.

(e) The Commission will mail a copy of the return to the questionnaire and of the comments thereon to the governor and public service commission of each state in which applicant will operate.

(f) If applicant and the connecting railroads are unable to agree upon equitable divisions of joint rates which may be established as a result of the application, the applicant and any interested railroad may file with the Commission statements indicating the basis of divisions which they seek with reasons in support thereof.

(g) Petitions for modification of the Commission's findings upon the application or complaints concerning the reasonableness or lawfulness of any through routes, joint rates, differen

tials, and divisions ordered by the Commission and seeking a hearing thereon shall conform to the Commission's general rules governing petitions and complaints and shall be served on such parties as the Commission may designate.

C. The application, return to questionnaire, and comments thereon shall conform with rule XXI, paragraphs (a) to (c), inclusive, of the Rules of Practice. (Rule XVIII-A.)

§ 340. Suspensions.—

Suspensions of tariff schedules under Section 15 of the Act will not ordinarily be considered unless protest and application therefor is made in writing or by telegram at least 10 days before the effective date named in the schedule. Applications for suspensions must indicate the schedule affected by its I. C. C. number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof. If such application is made by telegram it must be confirmed and followed by application in writing and should succinctly state the substance of the matters to be set forth in the written application. Seven copies of each written application must be furnished to the Commission. Rule XIX.

§ 341. Proceedings in Finance Cases; Applications to Consolidate Procedure.

FINANCE CASES.

Proceedings under the following provisions of the Interstate Commerce Act, collectively referred to as "finance cases," will be governed by these Rules of Practice, as far as applicable: Section 1 (18)-(20), relating to the construction, operation, or abandonment of lines of railroad; section 5 (2), relating to the acquisition of control of one carrier by another; Section 20a (1)-(11), relating to the issuance of securities or assumption of obligations by railway companies; Section 20a (12), relating to the holding of positions with more than one carrier; Section 15a, relating to excess railway operating income; and Section 5 (9), relating to the consolidation of telephone companies.

Special instructions as to procedure under any of these

subjects will be furnished upon application to the secretary of the Commission. Rule XIX-A.

APPLICATIONS TO CONSOLIDATE.

A. Applications for approval and authorization of the consolidation of railway properties under Section 5 of the Act shall set forth, in the order indicated, the following information:

(a) The exact corporate name of each applicant.

(b) That applicants are carriers by railroad subject to the Act.

(c) The name, title and post-office address of the officers to whom correspondence in regard to the application should be addressed.

(d) The state or territory under the laws of which each applicant was organized. If incorporated under the laws of, or authorized to operate in, more than one state, all pertinent facts should be stated.

(e) Whether the proposed plan of consolidation includes all the railway properties of the applicants and their subsidiary companies. If not, state the exceptions.

(f) The states in which the properties to be consolidated are located.

(g) The measure of control or ownership, if any, now exercised by any of the applicants over any other carrier or its properties.

(h) Name of the consolidated company and the capitalization proposed therefor, and separately, the amounts and character of capital stock (common and preferred), and the amounts of other securities proposed to be issued.

(i) Manner in which the properties of each applicant are to be acquired, and the price to be paid therefor, with copies attached of any contract or contracts entered into between the applicant carriers, or any of them, with respect to the proposed consolidation.

(j) Value of the properties owned by each applicant, which are proposed to be consolidated, as found by this Commission,

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