being disclosed. In overruling the first motion for rehearing filed with the Commission, Judge Cooley, its then chairman, announced this rule in relation thereto.284 "(a) The Commission will promptly and carefully examine an application for a rehearing with a view to the immediate correction of any error of law or fact found to exist, but will not direct a rehearing involving the expense to parties of appearing before the Commission for a reargument, unless satisfied that such reargument might have the effect of changing the result of what the Commission has already done. "(b) The statute is construed as dealing with the substance of things, and as contemplating, as far as that is possible, methods of procedure that are speedy and which come at once to the very right of questions arising in the transportation of persons and freight." On a petition asking a rehearing in a case decided before the Hepburn Amendment, so that an order could be made under Section 15, as amended, the Commission held that a case closed prior to the effective date of the Amendment of June 29, 1906, could not be reopened to enter an order authorized by the amended law.285 § 313. Valuation of Property. The power given the Commission by Act March 1, 1913, to classify, inventory and value the property of carriers subject to the Act has been stated.286 The statute gives the Commission power to prescribe the method of procedure to be followed in the conduct of the investigation, the form in which the results shall be submitted, and the classification of the elements that constitute the ascertained value. § 314. Oral Argument. By Rule XIV of the Rules of Practice it is provided: "Oral argument will be had only as ordered by the Commission." In speaking of oral argument, the Commission said: 284 Riddle, Dean & Co. v. Pittsburg & L. E. R. Co., 1 I. C. C. 490, 1 I. C. R. 773. 285 Cattle Raisers' Assn. v. Chicago, B. & Q. R. Co., 12 I. C. C. 6. 286 Secs. 279-281, ante. Kansas City Sou. Ry. Co. v. United States, 252 U. S. 178, 64 L. Ed. 517, 40 Sup. Ct. 187. "The act provides for the taking of testimony in these investigations by a single commissioner or by an examiner. It is probable that the Commission might, in its discretion, require the submission of a case upon the testimony so taken and written briefs. However this may be, we have never, in fact, yet refused, and should only refuse under peculiar and unusual circumstances, the application of a party to be heard orally. As above observed, testimony in these investigations is often taken without the presence of any member of the Commission. It almost never happens that a majority of the Commission here the testimony. The only opportunity which a party has of stating his views to this body by word of mouth is upon the argument. The importance of these arguments is recognized, and they will ordinarily be allowed as a matter of course. Application for such argument should, however, be made when the testimony is concluded and not deferred as in this case, although here, even, as soon as we learned that the parties desired to present their views orally the proceeding was reopened and set down for argument.""287 The Commission usually encloses a request with each notice of oral argument in cases before it that counsel limit their arguments to essential facts and principles in order to conserve the time of the Commission. § 315. Estoppel by Former Order of the Commission.— While the technical plea of res adjudicata does not apply to proceedings before the Commission, and the rule of stare decisis has been held inapplicable to its reports, that body must, of necessity, when it reaches a conclusion on a particular state of facts adhere to that conclusion unless and until the conditions upon which the conclusion was based have changed or unless the Commission acted in the first instance upon a misconception of fact or a mistake of law.288 287 Ullman v. Adams Exp. Co., 14 I. C. C. 585, 586. 288 Banner Milling Co. V. New York C. & H. R. R. Co., 14 I. C. C. 398, followed in Kansas City Traffic Bureau v. Atchison, T. & S. F. Ry. Co., 15 I. C. C. 491, 497; Receivers & Shippers Assn. v. Cincinnati, N. O. & T. P. Ry. Co., 18 I. C. C. 440; Waco Where, however, the Commission prior to the Hepburn Act, effective August 28, 1906, had declared a rate unreasonable, and its order had not been enforced by the courts, the Commission was not prevented after the passage of that Amendment from again considering the question.289 The statute formerly required that the orders of the Commission should continue in force two years, after which time the Commission had power again to consider the question and enter another and, if the facts justified, a different order.290 The two-year limitation upon the orders of the Commission has been eliminated from the Act. § 316. Rules of Procedure Prescribed by the Commission. -By Section 17 of the Act it is provided: * *** * "That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney." Under authority granted under said section, the Interstate Commerce Commission has promulgated rules of practice which are copied in the sections following. By Amendment repeated in the 1920 Act, the Commission may divide itself into divisions which hear and decide cases. On rehearings the Commission sits as a whole. § 317. Public Sessions and Hearings. Public sessions of the Commission or divisions thereof for Traffic Bureau of Nashville v. L. & N. R. R. Co., 43 I. C. C. 366, 367, and cases cited. 289 National Hay Assn. v. Michigan Cent. R. Co., 19 I. C. C. 34. For a history of the first case see, National Hay Assn. v. Lake Shore & M. S. Ry. Co., 9 I. C. C. 264; Int. Com. Com. v. Lake Shore & S. Ry. Co., 134 290 Re Advances in Rates between the Mississippi and Missouri Rivers, Warnock v. Chicago & N. W. Ry. Co., 21 I. C. C. 546. hearing evidence or oral arguments or for public conferences, and hearings before examiners, will be held as set upon notice by the Commission, subject to change upon such notice as may be practicable. Rule I. § 318. Personal Appearances. Any individual or member of a partnership which is a party to any proceeding may appear for himself or such partnership upon adequate identification and a corporation or association may be represented by a bona fide officer upon permission granted, in the discretion of the presiding commissioner or examiner. Rule I-A. § 319. Admission to Practice.— Commencing July 1, 1929, a register will be maintained by the Commission in which will be entered the names of all persons entitled to practice before the Commission. Corporations and firms will not be admitted or recognized. The following classes of persons whom the Commission finds, upon consideration of their applications, to be of good moral character and to possess the requisite qualifications to represent others may be admitted to practice before the Commission: (a) Attorneys at law who are admitted to practice before the Supreme Court of the United States or the highest court of any State or Territory or the District of Columbia. (b) Any person not an attorney at law who is a citizen or resident of the United States and who shall file proof to the satisfaction of the Commission that he is possessed of the necessary legal and technical qualifications to enable him to render valuable service before the Commission and is otherwise competent to advise and assist in the presentation of matters before the Commission. An application under oath for admission to practice shall be addressed to the Commission, Washington, D. C., and must state the name, residence address, and business address of the applicant, and the time and place of his admission to the bar, or the nature of his qualifications. Such application shall also state whether the applicant has ever been suspended or disbarred as an attorney in any court, or his right to practice suspended or revoked in any jurisdiction. Such applications shall be accompanied by a certificate of the clerk of the court in which the applicant is admitted to practice to the effect that he has been so admitted and is in good standing; or a certificate by three or more registered practitioners to the effect that the applicant possesses all the requisite qualifications under this rule, and moving and recommending that he be admitted to practice under this rule. Upon being admitted, each applicant shall subscribe to the following oath or affirmation, viz: I, do solemnly swear (or affirm) that I will demean myself, as a practioner before this Commission, uprightly, and according to law; and that I will support the Constitution of the United States. The Commission may, in its discretion, deny admission, suspend, or disbar any person who, it finds, does not possess the requisite qualifications to represent others, or is lacking in character, integrity, or proper professional conduct. Any person who has been admitted to practice may be disbarred only after he is afforded an opportunity to be heard. Rule I-B. § 320. Parties. (a) The parties to proceedings before the Commission are complainants, defendants, interveners, protestants, respondents, applicants, and petitioners, according to the nature of the proceeding and their relation thereto. Any party may appear and be heard in person or by attorney. All persons appearing in such proceedings must conform to the standards of ethical conduct required of practioners before the courts of the United States. Failure to conform to those standards will be ground for declining to permit appearance as attorney in any proceeding before the Commission. (b) In complaint cases the parties who complain to the Commission of anything done or omitted to be done in violation of the provisions of the Interstate Commerce Act, in these rules referred to as the Act, by any common carrier subject to the Act are those designated in Section 13 thereof, and are |