dressed to Washington, D. C., unless otherwise specifically directed." 34

§ 77c. Evidence and depositions before the Interstate Commerce Commission. The investigations of the Commission are not narrowly restrained by technical rules as to the relevancy of evidence, nor is a strict correspondence between allegations and proof required. The essential rules of evidence by which rights are asserted or defended must be observed.2 The commissioners cannot act upon their own information. All parties must be fully apprised of the evidence to be considered. They must be given an opportunity to cross examine witnesses, except possibly in the case of expert evidence, to inspect documents offered or considered and to offer evidence in explanation or rebuttal. Hearsay evidence is insufficient to justify an order." The Supreme Court has disapproved the practice on the part of a carrier to withhold a greater part of its evidence from the Commission and introduce it for the first time in the court in opposition to an application to enforce the Commission's order.

The Statute provides: "The Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act.

"(2) Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place, of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

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(3) And any of the circuit courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

"(4). The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the

witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

"(5) Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced. to writing, be subscribed by the deponent.

"(6) If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission.

"(7) Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States."'9

"No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the act of Congress, entitled. An act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evi

9 Feb. 4, 1887, ch. 104, § 12, 24 St. at L. 383, amended, March 2, 1889, ch. 382, § 3, 25 St. at L. 858,

Feb. 10, 1891, ch. 128, 26 St. at L. 743, Feb. 28, 1920, ch. § 415, Comp. St. § 8576.

dence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

"Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for not more than one year or by both such fine and imprisonment." 10

"No person shall be prosecuted or be subject to any penalty or forfeiture for. or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said Acts; Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying." 11

"Immunity shall extend only to a natural person who in obedience to a subpoena, gives testimony under oath or procures evidence, documentary or otherwise under oath." 12

The Commission is expressly authorized to employ special agents or examiners with power to administer oaths, examine witnesses and receive evidence.18

"Witnesses summoned before the Commission shall be paid. the same fees and mileage that are paid witnesses in the courts of the United States."' 14

10 See infra, §§ 339a, 339b, 27 St. at L. 443, Comp. St. § 8577.

11 Act of Feb. 25, 1903, ch. 755, § 1, 32 St. at L. 904, Comp. St. § 8578.

12 Act of June 30, 1906, ch. 3920, 34 St. at L. 595, Comp. St. § 8579.

13 Act of Feb. 4, 1887, ch. 104, § 20, 24 St. at L. 386, amended June 29, 1906, ch. 3591, § 7, 34 St. at L. 593, Feb. 25, 1909, ch. 193, 35

St. at L. 649, June 18, 1910, ch. 309, 14, 36 St. at L. 555, March 4, 1915, ch. 176, § 1, 38 St. at L. 1196, Aug. 9, 1916, ch. 301, 39 St. at L. 441, Comp. St. § 8592.

14 Act of Feb. 4, 1887, ch. 104, $ 18, 24 St. at L. 386, amended March 2, 1889, ch. 382, § 7, 25 St. at L. 86, Feb. 28, 1920, § 433, Comp. St. § 8587.

"The copies of schedules and classifications and tariffs of rates, fares and charges, and of all contracts, agreements, and arrangements between common carriers filed with the commission as herein provided and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under the provisions of this Act shall be preserved as public records in the custody of the secretary of the commission, and shall be received as prime facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and extracts from any of said schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records, as aforesaid, certified by the secretary, under the commission's seal, shall be received in evidence with like effect as the originals."' 15

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DEPOSITIONS.

(a) The deposition of a witness for use in a proceeding pending before the Commission may, after issue joined, be taken in compliance with the following rules of procedure, prescribed under section 17 of the Act, but not otherwise.

"(b) Such depositions may be taken before a special agent or examiner of the Commission, or any judge or commissioner of any court of the United States, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public not being of counsel or attorney to either of the parties nor interested in the event of the proceeding or investigation, according to such designation as the Commission may make in any order made by it in the premises, except that where such deposition is taken in a foreign country it may be taken before an officer or person designated by the Commission or agreed upon by the parties by stipulation in writing to be filed with the Commission.

"Any party desiring to take the deposition of a witness in

15 Act of Feb. 4, 1887, ch. 104, $ 16, 24 St. at L. 384, amended March 2, 1889, ch. 382, § 5, 25 St. at L. 859, June 29, 1906, ch. 3591, Fed. Prac. Vol. I-32

$ 5, 34 St. at L. 590, June 28, 1910, ch. 309, § 13, 36 St. at L. 554, Feb. 28, 1920, ch. -, §§ 423-429, Comp. St. $ 8584.