All except Mr. Cameron, Mr. Gardiner and Mr. Reimann are now ready to receive emergency requests from the State Fuel Administrators and from Washington. It is the duty of the District Representatives to allot among the individual shippers and mines emergency orders and requests made by any members of the Fuel Administration. The shippers affected have been instructed to refer any orders or requests they may receive from other members of the Fuel Administration to the District Representative for action. Under the present conditions a shortage at one point cannot be relieved without reducing shipments to some other point. For this reason I have directed that in requesting emergency shipments, State Administrators hereafter specify the consumer or area temporarily to be deprived of the coal. Thus emergency needs will in the future be filled by withholding fuel from consumers having less urgent need for it. All members of the Fuel Administration at Washington headquarters are hereby instructed to follow the same plan. If District Representatives are not instructed what shipments are to be reduced, they must make the decision themselves, the responsibility, however, remaining with the person issuing the order or request. State Administrators are charged with the duty of determining upon distribution within their own states under emergency conditions. So far as possible when requests from consumers for emergency fuel are received at Washington, they are to be communicated at once to the proper State Administrator. This does not apply to railroad and bunker coal, or coal for coking purposes. If, because of the urgency of the situation, it be necessary to handle the case from Washington, the State Administrator should be notified promptly of any action taken. Very truly yours, H. A. GARFIELD, U. S. Fuel Administrator. Order of the United States Fuel Administrator of Mar. 20, 1918, Requiring Producers of Coal and Coke to make Shipments to such Consignees as May Be Designated by the United States Fuel Administrator, the Distribution Division of the United States Fuel Administration or any District Representative. WASHINGTON, D. C., March 20, 1918. It appearing to the United States Fuel Administrator that there is at the present time an insufficient supply of coal and coke to meet the requirements of all consumers therefor; that the shipment and distribution thereof by producers in accordance with their contracts with, and their orders from, consumers are made without regard to the prospective use of the coal and coke so supplied, and do not result in an equitable distribution and apportionment thereof based upon the essential or non-essential nature of such use to the successful prosecution of the war; that the possible maximum production, by many consumers of coal and coke, of the commodities needed for the support and maintenance of the army and navy, for the construction of ships, and for other purposes essential to the national security and defense, has been, and will be further, lessened unless said distribution of coal and coke is regulated in a manner to make the same more equitable in view of the existence of the war and the necessity for its successful prosecution, The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said Administrator, and in furtherance of the purpose of said Order and of the act of Congress therein referred to and approved August 10, 1917, hereby makes and establishes the following regulation, effective upon and after the date hereof until further or other order, and subject to modification hereafter from time to time and at any time: REGULATION RELATIVE TO THE METHOD OF PRODUCTION, SALE, SHIPMENT, DISTRIBUTION AND APPORTIONMENT OF COAL AND COKE AMONG DEALERS AND CONSUMERS, TO ASSURE A MORE ADEQUATE SUPPLY THEREOF FOR GOVERNMENTAL PURPOSES AND FOR CONSUMERS FURNISHING SERVICES OR COMMODITIES ESSENTIAL TO PROSECUTION OF THE WAR. THE Every producer (which term includes any person, firm or corporation operating as owner, lessee, or purchaser of the entire output of a coal mine, and every person, firm, or corporation manufacturing coke) is hereby required to sell, ship and distribute from the coal or coke produced by him such quantity of coal or coke to such person, firm or corporation as may, at any time and from time to time be designated in an order to such producer by the United States Fuel Administrator, or by his representatives in Washington in control of distribution and apportionment of coal and coke, or by any district representative of the Fuel Administration now or hereafter appointed by the United States Fuel Administrator as his representative in any coal or coke-producing district. If the coal or coke so ordered to be shipped is to a consignee with whom the producer has an existing bona fide contract, enforceable at law, and constitutes a portion of the tonnage covered by such contract, such portion of the quantity, so ordered to be shipped, as the purchaser may be entitled to demand under the terms of such contract shall be shipped at the price provided in such contract, and the balance of such quantity, and in all other cases the entire quantity, of the coal or coke so ordered to be shipped shall be shipped and sold by the designated producer, at the government price fixed therefor and in effect at the date of the shipment thereof. Compliance by the producer with any order as aforesaid shall take precedence over all contract obligations of the producer inconsistent or conflicting with such order, and to the extent necessary for compliance with any such order, Clause 7 of the statement of the Fuel Administrator of 6 September, 1917 (Publication #5), relative to the effect of the President's proclamation of August 21, 1917, relating to bituminous coal, and of the President's proclamation of August 23, 1917, relative to anthracite coal, upon contracts made before said dates respectively is hereby modified with respect to any such contracts which might otherwise interfere with full compliance with any orders issued under this regulation to any producer of coal or coke. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of June 12, 1918, Relative to Coal Consigned or Diverted to the New England Fuel Administrator. WASHINGTON, D. C., June 12, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign or to divert bituminous or anthracite coal to the New England Fuel Administrator for distribution by him among consumers, The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said Executive Orders and of the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that until further, or other order of the United States Fuel Administrator, and subject to modification hereafter at any time and from time to time, The New England Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively in the New England states as in his judgment may from time to time be in need thereof and occupied in the conduct. of such industrial activities or of such public utilities as are essential to the national security and defense, for the successful prosecution of the war, and for the maintenance of the efficiency of the people in any of such New England states or any part thereof, in performing their part in the conduct of the war. In making such resale and distribution said New England Fuel Administrator shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of. In connection with such distribution said New England Fuel Administrator is authorized to use and employ the services of such persons and agents as he may from time to time select and to make or authorize to be made in the resale and distribution of such coal a charge of not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating as of Nov. 21, 1918, the Order of June 12, 1918, Relative to Coal Consigned or Diverted to the New England Fuel Administrator. WASHINGTON, D. C., November 20, 1918. The United States Fuel Administrator, acting upon authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said orders and of the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that the order of said Administrator, dated June 12, 1918, entitled "Order Relative to Coal Consigned or Diverted to the New England Fuel Administrator," be, and the same hereby is, vacated and set aside as of November 1918. 21, H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of June 13, 1918, Relative to Coal Consigned or Diverted to, by, or through the Maryland Fuel Administrator.1 WASHINGTON, D. C., June 13, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign coal to, or to divert coal to, by, or through, the Maryland State Fuel Administrator for distribution by him among customers and dealers, The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said 1 The following rulings interpreting the Maryland order of June 13, 1918, have been made: 1. This order specifically refers to and covers only coal requisitioned and consigned or diverted to and received by the Maryland State Fuel Administrator and does not apply to coal that may be ordered by the Maryland State Fuel Administrator for shipment direct to consignees other than the Maryland State Fuel Administrator. 2. Where the Maryland State Fuel Administrator requisitions coal for a consumer and such consumer advises the Maryland State Fuel Administrator that he desires that this coal be supplied him through a given Purchasing Agent, the Maryland State Fuel Administrator will give consignment in requisition to District Representative nothing theron that invoice should be sent to Purchasing Agent named by consumer. 3. In order that proper consignments may be made to cover requisition as above (Clause 2) shipping instructions to District Representatives should read as per following example: The Blank Manufacturing Company, Care John Doe, Purchasing Agent, it being understood that the Maryland State Fuel Administrator will satisfy himself that such Purchasing Agent is the accredited representative of the consumer. 4. The Maryland State Fuel Administrator will send requisitions for emergency coal to the District Representatives as usual and in the event of any misunderstanding with said District Representatives which cannot be immediately cleared up satisfactorily, the Maryland State Fuel Administrator will refer same to the Director of State Distribution at Washington. Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said Executive Orders and of the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that until further or other order of the United States Fuel Administrator, and subject to modification hereafter at any time and from time to time: 1. That coal consigned to, or diverted to, by, or through the State Fuel Administrator of Maryland at or west of the Cumberland Gateway is not "diverted coal" within the meaning of the order of the Fuel Administration of January 14th, 1918 (Publication No. 14), and shippers of such coal are not entitled to collect the 15 cents per ton permitted by said order as a re-handling charge. 2. That the Maryland State Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively in the State of Maryland as in his judgment may from time to time be in need thereof and occupied in the conduct of such industrial activities or of such public utilities as are essential to the national security and defense, for the successful prosecution of the war, and for the maintenance of the efficiency of the people in the State of Maryland or any part thereof, in performing their part in the conduct of the war. In making such resale and distribution, the State Fuel Administrator of Maryland shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of. In connection with such distribution, said Maryland State Fuel Administrator is authorized to use and employ the services of such persons and agents as he may from time to time select and to make or authorize to be made in the resale and distribution of such coal a charge of not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him. This order shall become effective at 7 A. M., on the 15th day of June, A. D. 1918. H. A. GARFIELD, United States Fuel Administrator, By CYRUS GARNSEY, Jr., Assistant United States Fuel Administrator. Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating as of Nov. 21, 1918, the Order of June 13, 1918, Relative to Coal Consigned To or Diverted To, By, or Through the Maryland Fuel Administrator. WASHINGTON, D. C., November 20, 1918. The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said orders and of the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that the order of said Administrator, dated June 13, 1918, entitled "Order Relative to Coal Consigned to, or Diverted to, by, or through, the Maryland Fuel Administrator," be, and the same hereby is, vacated and set aside as of November 21, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of September 19, 1918, Effective 7 a. m. Sept. 20, 1918, Establishing Regulations Requiring the Prompt Acceptance and Unloading of Coal or Coke Shipped Under Orders of the United States Fuel Administration. It appearing to the United States Fuel Administrator that certain concerns at whose request, and for whom, coal and coke is obtained by the United States Fuel Administration are failing to accept and unload such coal and coke promptly upon arrival, and that as a result of this practice the railroad equipment containing such coal and coke is kept out of operation, The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said Orders, and of the Act of Congress therein referred to and approved August 10, 1917, Hereby makes and establishes the following Regulation effective September 20, 1918, at 7 a. m. until further or other order in the premises: REGULATIONS REQUIRING THE PROMPT ACCEPTANCE AND UNLOADING OF COAL OR COKE SHIPPED UNDER ORDERS OF THE UNITED STATES FUEL ADMINISTRATION. SECTION I. Every person, firm, association or corporation for whom coal or coke has been requisitioned, diverted or reconsigned by the United States Fuel Administrator or by his representatives in Washington in control of distribution and apportionment of coal and coke, or by any district representative of the Fuel Administration now or hereafter appointed by the United States Fuel Administrator as his representative in any coal or coke producing district, or by any State Fuel Administrator, shall accept and unload such coal or coke promptly upon receiving notice of its arrival at destination and shall also promptly assume and pay all transportation charges accrued thereon. SECTION II. Whoever knowingly violates or refuses to conform to Section I of this regulation will be subject to the penalties prescribed in the Food and Fuel Control Act. The above regulation promulgated this 19th day of September, 1918. H. A. GARFIELD, United States Fuel Administrator. Subsection B.-Orders Relating to the Basis of Settlement for Coal Diverted and Requisitioned.1 Order of the United States Fuel Administrator of Jan. 14, 1918, Effective 7 a. m., Jan. 15, 1918, Relative to the Price to Be Paid for Coal by the Divertee in case of Diversion. WASHINGTON, D. C., January 14, 1918. All shipments of coal, whether f. o. b. mines or otherwise, and all shipments of coke f. o. b. ovens or at place of storage or otherwise shall be made subject to the diversion of such coal or coke by the United States Fuel Administrator or any persons The following general rulings interpreting the orders fixing the basis of settlement for diverted and requisitioned coal have been made. They are nevertheless subject, as to particular shipments, to any exception that may have been, or may be made by the United States Fuel Administration, interpreting the orders in the light of the particular facts. 1. The order dated February 13, 1918, shall apply to all diversions of bituminous coal shipped from the mines prior to January 15, 1918, and the order dated January 14, 1918, shall apply to all settlements for diverted coal which had been shipped from the mines on and after January 15, 1918. 2. The owner of the coal at the time of diversion, when the coal was diverted prior to January 15, 1918, shall be entitled to elect the mode of settlement, in accordance with the terms of the order of February 13, L |