(1) In case unjust discrimination in violation of section 2 is alleged the special rate, rebate, drawback or other device and the manner in which thereby the greater or less compensation complained of has been charged, collected or received should be specified.

(m) In case undue or unreasonable preference or advantage, or undue or unreasonable prejudice or disadvantage. in violation of section 3 alleged, the particular person, company, firm, corporation, locality or description of traffic affected thereby, and the particular preference or advantage, or prejudice or disadvantage, relied upon as constituting such violation, should be clearly specified.

(n) If the complaint brings in issue any rate, fare, charge, classification, regulation or practice, made or imposed by authority of any State, or initiated by the President during the period of Federal control, as causing any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce on the one hand and interstate or foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce, which is forbidden and declared unlawful under Sec. 13 of the Act, as amended by Sec. 416 of the Transportation Act, 1920 the complaint should also contain appropriate allegations to present for decision the issue of the justness and reasonableness under section 1 of the rates, fares, charges, classifications, regulations or practices complained of in so far as applicable to interstate or foreign commerce, and the issue as to what should be the rate, fare or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation or practice thereafter to be observed in order to remove such advantage, preference, prejudice or discrimination. The facts should be stated with sufficient definiteness to disclose fully the contention made in respect of any tariff provision prescribed, established or compelled by State authority or by the President. The Commission, before proceeding to hear and dispose of such issue, must cause the State or States interested to be notified of the proceeding and must be furnished with copies of the complaint in sufficient number for that purpose.

(0) In case violation of section 4 of the Act is alleged the facts as to compensation charged or received, the respects in which the section was thereby violated, and the tariff provisions applicable, should be stated with particularity.

(p) In case recovery of damages is sought the complaint should contain appropriate allegations showing, in addition to the matters indicated above, such data as will serve to identify with reasonable definiteness the shipments or other transportation services in respect of which recovery is sought, and stating (a) that complainant makes claim for reparation, (b) the name of each individual claimant asking reparation, (e) the names of defendants against which claim is made, (d) the commodities transported, the rate applied, the date when the transportation charges were paid, by whom paid, and by whom borne, (e) the period of time within which or the specific dates upon which the shipments were made, and the dates when they were delivered or tendered for delivery, (f) the points of origin and destination, either specifically, or, where they are numerous, by definite indication of a defined territorial or rate group of the points of origin and destination, and, if known, the routes of movement, (g) the nature and amount of the injury sustained by each claimant, and (h) if any reparation is sought on behalf of others than the complainant, in what capacity or by what authority complaint is made in their behalf.

(q) The Commission will consider as in substantial compliance with the statute of limitations a complaint in which the complainant alleges that the matters complained of, if continued in the future, will constitute violations of the Act in the particulars and to the extent indicated, and prays reparation to the Commission for causes of action arising prior which may move during the pendency of the proceeding and on which the transportation charges shall be paid and borne by the complainant.

(r) If a general rate adjustment is challenged in the complaint, or many shipments or points of origin and destination are involved, it is the practice of the Commission to find and determine in its report the issues as to violation of the Act, injury thereby to complainant, and right to reparation, and thereafter to afford the parties opportunity to agree or

make proof respecting the shipments and amount of reparation due under its finding before entering its order awarding reparation. See Rule V. In such cases freight bills and other exhibits bearing on the details of shipments, and the amount of reparation on.each, need not be produced at the hearing unless called for or needed to develop other pertinent facts.

(s) Except under unusual circumstances, and for good cause shown, reparation will not be awarded upon a complaint in which it is not specifically prayed for, or upon a new complaint by or for the same complainant which is based upon any finding in the original proceeding.

(t) Supplemental complaints may be tendered for filing by the parties complainant against the parties defendant in the original complaint, setting forth any causes of action under the Act alleged to have accrued in favor of the complainants and against the defendants since the filing of the original complaint, and, upon leave granted, will be filed and served by the Commission as provided in cases of original complaints, and heard, considered and disposed of therewith in the same proceeding, if practicable.

(u) If recovery of damages is sought by supplemental complaint it must be filed with the Commission within the statutory period.

(v) Cross complaints. See Rule IV. Rule 3.

§ 271. Answers.

(a) Answers must conform to the requirements of Rule XXI.

(b) Answers to formal complaints must be filed with the Commission within 20 days after the day on which the complaint was served. For defendants having general offices at or west of El Paso, Tex., Salt Lake City, Utah, or Spokane, Wash., said period of 20 days is extended to 30 days. The periods so fixed may be shortened or extended by the Commission when it deems advisable. The answer must in the same period be served as provided in Rule VI. Any defendant failing to file and serve answer within said period will be deemed in default and issue as to such defendant will be thereby joined.

(c) Answers to petitions in intervention or amended complaints filed and served upon leave granted need not be

separately made unless the defendants so elect, and their answers to the formal complaint will be deemed answers to the petition in intervention. Answers if separately made should be filed and served as promptly as possible, and within the same period after service of petition in intervention as is above provided for answers after service of complaints. Answers to cross-complaints filed and served upon leave granted must be filed and served within the same period after service of the cross-complaint.

(d) All answers should be so drawn as fully and completely to advise the parties and the Commission of the nature of the defense, and should admit or deny specifically and in detail each material allegation of the pleading answered.

(e) An answer denying that an alleged discrimination is unjust under section 2 of the Act, or that an alleged preference or prejudice is undue or unreasonable under section 3 of the Act, should state fully the grounds relied upon in making such denial.

(f) Whenever it is apparent from the pleading answered, either by direct allegation or otherwise, that a departure from the requirements of the fourth section of the Act, is involved, the answer should set forth by number the particular application or order, if any, which protects such departure.

(g) It is desired that every effort be made to narrow the issues upon hearing. Matters alleged as affirmative defenses should be separately stated and numbered. Counterclaims and set-offs against shippers are not within the jurisdiction of the Commission.

(h) Cross-complaints alleging violations of the Act by carriers complainant or seeking relief against them thereunder may be tendered for filing by defendants with their answers, and, upon leave granted, will be filed and served by the Commission in the manner provided in Rule III for complaints. In such cases the cross-complaint will be heard, considered and disposed of in connection with the issues raised by the complaint in the same proceeding.

(i) If a defendant satisfies a formal complaint, either before or after answering, a statement to that effect signed by

both complainant and defendant must be filed setting forth when and how the complaint has been satisfied. Rule 4.

§ 272. Reparation Statements-Formal Claims For Reparation Based Upon Findings of the Commission.

(a) When the Commission finds that reparation is due, but that the amount cannot be ascertained upon the record before it, the complainant should immediately prepare a statement showing details of the shipments on which reparation is claimed in accordance with Form 5. (See page 38). The statement should not include any shipment not covered by the Commission's findings, or any shipment on which complaint was not filed with the Commission within the statutory period. See Rule III. The statement, together with the paid freight bills on the shipments, or true copies thereof, I should then be forwarded to the carrier which collected the charges for checking and certification as to its accuracy. The certificate must be signed in ink by a general accounting officer of the carrier and should cover all of the information shown in the statement. If the carrier which collected the charges is not a defendant in the case its certificate must be concurred in by like signature on behalf of a carrier defend

ant.

(b) If the shipments moved over more than one route a separate statement should be prepared for each route, and separately numbered, except that shipments as to which the collecting carrier is in each instance the same may be listed in a single statement if grouped according to routes.

(c) Statements so prepared and certified shall be filed with the Commission, whereupon it will consider entry of an order for reparation. The filing of statements will not stop the running of the statute of limitations as to shipments not covered by complaint or supplemental complaint. See Rule III.

(d) All discrepancies, duplications, or other errors in the statements should be adjusted by the parties and correct agreed statements submitted to the Commission. Rule 5. § 273. Service of Papers.

(a) Formal complaints and, upon leave granted, petitions in intervention, supplemental complaints, cross-complaints,