IMPORTANT.-Before making out statement read rule V carefully.

No. 5.

RICHARD ROE, Claimant,

*For concurring certificate in case collecting carrier is not a defendant.

No. 6.

CASES

FORM OF ORIGINAL COMPLAINT IN REPARATION AGAINST THE AGENT APPOINTED BY THE PRESIDENT.

BEFORE THE INTERSTATE COMMERCE COMMISSION.

COMPLAINT,

v.

The complaint of the above-named complainant-, respectfully shows: I. That [complainant or complainants should here state nature and place of business, also whether a corporation, firm, or partnership, and if a firm or partnership, the individual names of the partners composing the same.]

II. That defendant, Walker D. Hines, Director General of Railroads, as Agent, is an officer of the United States designated by the President pursuant to the provisions of section 206 of the transportation. act, 1920; that the railroads and systems of transportation over whose lines or routes the rates [fares, charges, classifications, regulations, or practices] complained of herein applied, and which during federal control were operated by the Director General of Railroads, are as follows: [Here specify the carriers whose railroads or systems of transportation were under federal control and over which the rates, fares, charges, classifications, regulations, or practices applied, and against which such complaint would have been brought if such railroad or system had not been under federal control at the time the matter complained of took place.]

III. That [state in this and subsequent paragraphs to be numbered IV, V, etc., the matter or matters intended to be complained of, naming every rate, fare, charge, classification, regulation, or practice the lawfulness of which is challenged, and also, if practicable, each point of origin and point of destination between which the rates, etc., complained of were applied. Where it is impracticable to designate each point, defined territorial or rate groups and typical points should be designated. Whenever practicable tariff references should be given. See rule III.

Where unjust discrimination or undue prejudice is charged, the facts constituting the basis of the charge should be clearly stated; that is, if the unlawful discrimination was under section 2, the person or persons claimed to have been injured should be named, and the kind of service and kind of traffic, together with the claimed similarity of circumstances and conditions of transportation, should be set forth. See rule III(1). If the unlawful discrimination was under section 3, the particular person, company, firm, corporation, locality, or traffic claimed to have been accorded undue or unreasonable preference or advantage, or subjected to undue or unreasonable prejudice or disadvantage, should be stated. See rule III (m).]

X. That by reason of the facts stated in the foregoing paragraphs complainant has/have been subjected to the payment of rates [fares or charges] for transportation which were (1) unjust and unreasonable in violation of section 10 of the federal control act; (2) unjust and unreasonable in violation of section 1 of the interstate commerce act, and/or (3) unjustly discriminatory in violation of section 2, and/or (4) unduly Freferential or prejudicial in violation of section 3. [Use allegation (1) and one or more of the others according to the facts intended to be charged.]

Wherefore complainant pray that defendant may be required to answer the charges herein; that after due hearing and investigation an order be made commanding said defendant to pay to complainant- by way of reparation for the unlawful charges herein before alleged the sum of or such other sum as, in view of the evidence to be adduced herein, the Commission shall determine that complainant- is/are entitled to as an award of damages under the provisions of said acts for violations thereof, and that such other and further order or orders be made as the Commission may consider proper in the premises.

II

RULES OF PRACTICE FOR THE COURTS OF EQUITY OF THE UNITED STATES.

Rule 1.

DISTRICT COURT ALWAYS OPEN FOR CERTAIN PURPOSESORDERS AT CHAMBERS.

The district courts, as courts of equity, shall be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein.

Any district judge may, upon reasonable notice to the parties, make, direct, and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court.

2.

CLERK'S OFFICE ALWAYS OPEN, EXCEPT, ETC.

The clerk's office shall be open during business hours on all days, except Sundays and legal holidays, and the clerk shall be in attendance for the purpose of receiving and disposing of all motions, rules, orders and other proceedings which are grantable of course.

3.

BOOKS KEPT BY CLERK AND ENTRIES THEREIN.

The clerk shall keep a book known as "Equity Docket," in which he shall enter each suit, with a file number corresponding to the folio in the book. All papers and orders filed with the clerk in the suit, all process issued and returns made thereon, and all appearances shall be noted briefly and chronologically in this book on the folio assigned to the suit and shall be marked with its file number.

The clerk shall also keep a book entitled "Order Book," in which shall be entered at length, in the order of their making, all orders made or passed by him as of course and also all orders made or passed by the judge in chambers.

He shall also keep an "Equity Journal," in which shall be entered all orders, decrees and proceedings of the court in equity causes in term time. Separate and suitable indices of the Equity Docket, Order Book and Equity Journal shall be kept by the clerk under the direction of the court.

4.

NOTICE OF ORDERS.

Neither the noting of an order in the Equity Docket nor its entry in the Order Book shall of itself be deemed notice to the parties or their solicitors; and when an order is made without prior notice to, and in the absence of, a party, the clerk, unless otherwise directed by the court or judge, shall forthwith send a copy thereof, by mail, to such party or his solicitor and a note of such mailing shall be made in the Equity Docket, which shall be taken as sufficient proof of due notice of the order.

5.

MOTIONS GRANTABLE OF COURSE BY CLERK.

All motions and applications in the clerk's office for the issuing of mesne process or final process to enforce and execute decrees; for taking bills pro confesso; and for other proceedings in the clerk's office which do not require any allowance or order of the court or of a judge, shall be deemed motions and applications grantable of course by the clerk; but the same may be suspended, or altered, or rescinded by the judge upon special cause shown.

Each district court shall establish regular times and places, not less than once each month, when motions requiring notice and hearing may be made and disposed of; but the judge may at any time and place, and on such notice, if any, as he may consider reasonable, make and direct all interlocutory orders, rulings and proceedings for the advancement, conduct and hearing of cases. If the public interest permits, the senior circuit judge of the circuit may dispense with the motion day during not to exceed two months in the year in any district.

7.

PROCESS, MESNE AND FINAL.

The process of subpoena shall constitute the proper mesne process in all suits in equity, in the first instance, to require the defendant to appear and answer the bill; and, unless otherwise provided in these rules or spe