(c) Upon receipt of the application, the commission will: (1) serve notice thereof on, 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 water lines 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, differentials, 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. [Form and style.] The application, return to questionnaire, and comments thereon shall conform with Rule XXI, paragraphs (a) to (c), inclusive, of the Rules of Practice. (Adopted Mar. 3,

XIX. SUSPENSIONS

Suspensions of tariff schedules under section 15 of the act (title 49) 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.

Cross Reference

See sec. 15 (7), title 49, Commission to determine lawfulness of new rates; suspension; refunds.

XIX-A. PROCEEDINGS IN FINANCE CASES

Proceedings under the following provisions of the interstate commerce act (title 49), 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. (Adopted Oct. 7, 1929.)

XIX-B. APPLICATIONS TO CONSOLIDATE—PROCEDURE

A. [Contents of application.] 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, and separately the net cost of additions and betterments made after the date of valuation.

(k) Copy attached of general balance sheet of each applicant, as of one common date, including a balance sheet, actual or theoretical, of the proposed consolidated company.

(1) Copy attached of the income account of each applicant for each of the preceding five calendar years, and for such part of the current year as is practicable.

(m) Statement of main-line mileage, and separately the branchline mileage, of each of the applicants, and give the principal points of interchange between the applicants.

Adopted Dec. 31, 1929.

(n) Statement of action by stockholders or directors of each applicant approving the making and filing of the application, giving date and place of meeting.

(0) Whether there are any intercorporate relationships, through holding companies, ownership of securities, or otherwise, between the applicants, or any of them, or between any of the applicants and other carriers, at the time of making the application, and, if so, the nature and extent of such relationships.

(p) Whether the applicants have officers or directors in common, and, if so, a reference to the commission's order or orders authorizing the holding of such positions in common.

(q) Reference to the portion or portions of the commission's report in Consolidation of Railroads, 159 I. C. C. 522, applicable to the proposed consolidation, with supporting statement to show that the proposed consolidation is in harmony with and in furtherance of the plan of consolidation in said report or in any amendment thereof. If the proposed consolidation is not in harmony with said plan of consolidation, then the applicants shall move to amend our consolidation plan accordingly.

(r) Reasons, in general, why the proposed consolidation will be in the public interest. (Full details and particulars to be reserved for presentation at the hearing.)

B. [Required exhibits.] There shall be filed with the application and as part thereof the following exhibits:

1. One copy each of the charter or articles of incorporation, and the by-laws and amendments thereof, of each applicant, duly certified by the proper public officer.

NOTE.-If any of such copies have been filed with the commission in conneetion with any other finance application, the filing of additional copies is not required; in lieu thereof, the applicant should refer to the finance docket in which such copies were filed.

2. One copy of each of the following:

(a) Resolutions of the stockholders or directors of each of the applicants approving the proposed consolidation and the making of an application to the commission for its approval and authorization of such consolidation; such resolutions to be attested by the secretary or assistant secretary of each of the respective applicants, and to be accompanied by sufficient transcripts of the minutes of meetings of the stockholders or directors of said applicant to show the number of votes cast for and against said resolutions.

(b) Resolutions of the stockholders or directors of each applicant, attested by its secretary or assistant secretary, authorizing an executive officer, designated by name and title, to verify and file the application,

(c) Opinions of counsel of the applicants that the proposed consolidation is within the corporate powers of each carrier involved. 3. A general or key map, on a scale not smaller than 40 miles to the inch, showing in separate colors the lines of each applicant, and distinguishing such parts of them as are included in the plan proposed. This map should also show the short lines connecting with the lines of each applicant and, in general, the other rail lines and the principal cities of the area included. Whenever possible, this map should not be over 30 inches in its largest dimension. There shall also be furnished with the original application, but not incorporated therein, one copy of said map on tracing linen.

C. [Form and style.] The application and exhibits shall conform with Rule XXI, paragraphs (a) to (d), inclusive, of the Rules of Practice.

D. [Procedure.] The submission of said application shall be governed by the following procedure:

The original application shall be signed by an executive officer of each of the applicants having knowledge of the matters therein set forth, shall be verified under oath, and shall show, among other things, that the affiant is duly authorized by the applicant in question to verify and file the application.

The original application and 20 copies, for the use of the commission, and two additional copies for each State in which is situated any part of the lines proposed to be consolidated, shall be filed with 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.

Upon receipt of the application the commission will serve notice thereof on, and file a copy thereof with, the governor and the publicservice commission of each State in which is situated any part of the lines proposed to be consolidated, and will order a hearing upon the application, giving notice thereof to the applicants, to the governor, and the public-service commission of each State in which said lines are located, and to the public.

XX. INFORMATION TO PARTIES

The secretary of the commission will, upon request, advise as to the form of complaint, answer, or other paper to be filed in any proceeding.

Cross Reference

See Rule XIX-A, Special instructions as to procedure in "finance cases" upon application to the secretary.