SECTION IV. The provisions of Section I of this regulation shall not apply to, or restrict, deliveries of anthracite coal from said producing zone, by wagon, or truck, or shipments of such coal (a) For use as railroad fuel; (b) In whole or in part, by inland waterways (other than the Great Lakes), except where such shipment requires a rail movement from the mines to the waterways terminating outside said consuming zone. Any person, firm, association, or corporation violating or refusing to conform to this regulation will be liable to the penalties prescribed in the aforesaid Act of Congress. H. A. GARFIELD, United States Fuel Administrator. Circular Letter from the General Director of Distribution of the United States Fuel Administration and the Assistant U. S. Fuel Administrator, Approved by the United States Fuel Administrator, to State Fuel Administrators and the Anthracite Coal Committee, dated Oct. 17, 1918, Relative to the Anthracite Distribution Program. WASHINGTON, D. C., October 17, 1918. To State Fuel Administrators and the Anthracite Coal Committee: In order that State Fuel Administrators and the Anthracite Coal Committee may clearly understand the plans of the Fuel Administration to secure the proper distribution of anthracite coal within the respective states, and to relieve the emergency needs of domestic consumers, the Fuel Administration at this time calls particular attention to the following instructions: 1. Whenever a particular community is falling behind in its receipts of anthracite coal, the State Fuel Administrator may notify the Anthracite Committee instructing that shipments be increased to that particular community until it is brought up to a parity with the other communities. If he so desires, the State Fuel Administrator will indicate to the Anthracite Committee the particular dealers in the community who have not received their proper proportion of anthracite, giving in such cases the usual source of supply of such retail dealer. 2. In emergencies a State Fuel Administrator may place a specific requisition with the Anthracite Committee for shipment of a specific number of cars to a particular retail dealer advising at the same time the usual source of supply of such dealer, but until further advised State Fuel Administrators shall not place such requisitions in any one month for a total tonnage in excess of 3% of the anthracite coal due their respective states in such month. This limit of 3% will be raised if it is found inadequate. 3. State Fuel Administrators may divert anthracite coal from one dealer to another in order to equalize distribution as between the retail dealers in any one community in order to relieve emergency cases. 4. The Anthracite Committee will immediately acknowledge instructions received from State Fuel Administrators under paragraph #1 above and advise them of what action is taken. The Anthracite Committee will also immediately honor all requisitions received from State Fuel Administrators under paragraph #2 above, by placing orders with producing companies and requiring the production companies to acknowledge the orders so placed and advise when the coal is shipped, so that this information can be communicated to the State Fuel Administrators. 5. Before a State Fuel Administrator places a requisition with the Anthracite Committee under paragraph #2 above, he shall first secure from the dealer a certified check for $300.00 per car. When the producer makes shipment on the requisition he shall make out invoice to the dealer, but same shall be mailed to the State Fuel Administrator together with the check for the difference between the amount of the invoice and $300.00. Upon receipt of the invoice and the check, the State Fuel Administrator shall forward same to the retail dealer and at the same time forward the dealer's certified check, properly endorsed, to the producer. 6. Before diverting coal as provided in paragraph #3 above, a State Fuel Administrator shall first secure a certified check from the retail dealer, to whom the coal is to be diverted, which check shall be handled in the same manner as provided in paragraph #5. 7. The Indiana State Fuel Administrator will communicate his instructions in regard to distribution of anthracite coal as provided above to Mr. F. N. Pease, District Representative of the Anthracite Committee at Chicago. The State Fuel Administrators of Ohio and Michigan will communicate their instructions to Mr. W. C. Blodgett, District Representative of the Anthracite Committee at Buffalo. 8. The above instructions do not apply to the distribution of anthracite coal in North and South Dakota, Minnesota, Wisconsin and Illinois, as satisfactory plans are already in operation in these states. Very truly yours, U. S. FUEL ADMINISTRATION, General Director Distribution. Assistant U. S. Fuel Administrator. Approved: H. A. GARFIELD, United States Fuel Administrator. TITLE IX. ORDERS AND REGULATIONS GOVERNING JOBBERS AND LICENSED DISTRIBUTORS.1 Section 1.-Orders Relating to Jobbers. Executive Order of the President of the United States of Aug. 23, 1917, Issued as Paragraphs 1, 2 and 3, of Publication No. 3, of the United States Fuel Administration, Establishing Jobbers' Margins. The following regulations shall apply to the intrastate, interstate, and foreign commerce of the United States, and the prices and margins referred to herein shall be in force pending further investigation or determination thereof by the President. JOBBER'S MARGINS. 1. A coal jobber is defined as a person (or other agency) who purchases and resells coal to coal dealers or to consumers without physically handling it on, over, or through his own vehicle, dock, trestle, or yard. 2. For the buying and selling of bituminous coal a jobber shall not add to his purchase price a gross margin in excess of 15 cents per ton of 2,000 pounds, nor shall the combined gross margins of any number of jobbers who buy and sell a given shipment or shipments of bituminous coal exceed 15 cents per ton of 2,000 pounds. 3. For buying and selling anthracite coal a jobber shall not add to his purchase price a gross margin in excess of 20 cents per ton of 2,240 pounds when delivery of such coal is to be effected at or east of Buffalo. For buying or selling anthracite coal for delivery west of Buffalo a jobber shall not add to his purchase price a gross margin 1 For other orders and rulings affecting Jobbers and Distributers, particularly with reference to the charging of a Jobber's Margin or Purchasing Agent's Commission, reference is made to Chapter II and to Chapter III, Title IV and Title VII, and the notes thereunder. in excess of 30 cents per ton of 2,240 pounds. The combined gross margins of any number of jobbers who buy and sell a given shipment or shipments of anthracite coal for delivery at or east of Buffalo shall not exceed 20 cents per ton of 2,240 pounds, nor shall such combined margins exceed 30 cents per ton of 2,240 pounds for the delivery of anthracite coal west of Buffalo. Provided that a jobber's gross margin realized on a given shipment or shipments of anthracite coal may be increased by not more than 5 cents per ton of 2,240 pounds when the jobber incurs the expense of rescreening it at Atlantic or lake ports for transshipment by water. Regulations of the United States Fuel Administrator of Oct. 6, 1917, Issued as Paragraphs 6 to 12, of Publication No. 9 of the United States Fuel Administration Concerning Jobbers and the Prices at which They May Sell Coal under Contract of Purchase or Sale. WASHINGTON, D. C., 6 October, 1917. The following orders, rulings, and regulations relating to coal prices and governing the sale, shipment, and distribution of coal are promulgated by the United States Fuel Administrator on behalf of the President under the authority of the Act of Congress approved August 10, 1917, entitled "An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel," and an Executive order of the President dated August 23, 1917, appointing said Fuel Administrator. 6. Operators who maintain their own sales department, whether in their own name or under a separate name, and dispose of coal directly to the dealer or consumer, shall not charge any jobber's commission. A jobber must be entirely independent of the operator, in fact as well as in name, in order to be entitled to charge a jobber's commission. 7. Free coal shipped from the mines subsequent to the promulgation of the President's order fixing the price for such coal shall reach the dealer at not more than the price fixed by the President's order plus only the prescribed jobber's commission (if the coal has been purchased through a jobber) and transportation charges. 8. A jobber who had already contracted to buy coal at the time of the President's order fixing the price of such coal, and who was at that time already under contract to sell the same, may fill his contract to sell at the price named therein. 9. A jobber who, at the time of the President's order fixing the price of the coal in question at the mine, had contracted to buy coal at or below the President's price, and at that time had no contract to sell such coal, shall not sell the same at a price higher than the purchase price plus the proper jobber's commission as determined by the President's regulation of August 23, 1917. 10. A jobber who, at the time of the President's order fixing the price of the coal in question, was under contract to deliver such coal at a price higher than a price represented by the price fixed by the President or the Fuel Administrator for such coal plus a proper jobber's commission as determined by the President's regulation of August 23, 1917, shall not fill such contract with coal purchased after the President's order became effective and not contracted for prior thereto at a price in excess of the President's price plus the proper jobber's commission. 11. A jobber who, at the date of the President's order fixing the price of the coal in question, held a contract for the purchase of coal without having already sold or contracted to sell such coal, shall not sell such coal at more than the price fixed by the President or the Fuel Administrator for the sale of such coal after the date of such order, plus the jobber's commission as fixed by the President's regulation of August 1917. 23, 12. Every jobber of coal or coke in the United States shall file with the Federal Trade Commission, Washington, D. C., on or before October 25, 1917, a statement showing (1) his name; (2) post-office address; (3) date of the establishment of his business; (4) names of stockholders, members, and partners of the jobbing concern; (5) financial interests of stockholders, members, and partners of the jobbing concern in any mine producing coal. Any jobbing concern which may be established after the issuance of this regulation shall immediately upon its organization file a similar statement with the Federal Trade Commission. Order of the United States Fuel Administrator of Oct. 27, 1917, Authorizing the New England Fuel Administrator to Obtain and Supply Coal to Meet Cases of Special Emergency and Amending Paragraph 11 of Publication No. 9 of the United States Fuel Administration as to Coal Requisitioned by said Administrator. WASHINGTON, D. C., October 27, 1917. It appearing to the United States Fuel Administrator that the amount of free or spot coal immediately obtainable for shipment into New England is insufficient to supply the immediate demands of all consumers therein and that the distribution of coal in New England has been such, owing to an increased demand therein for coal and to other causes, as to create in various localities individual cases of great exigency; and that, due to the limitation of transportation facilities and the distance between the coal fields and New England, there is need of further action to meet the increased demands for coal by certain industries in New England engaged in production for the United States Government, or conducting activities, especially public utilities, the uninterrupted operation of which is essential to the greatest efficiency of various industrial plants engaged in such production for the United States Government, and that there are certain supplies of coal in New England available to relieve in part the shortage of coal in some of said industrial plants, but purchased prior to the President's orders of 21 August and 23 August, 1917, at prices higher than those named in said orders respectively; 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 orders and directs that until further, or other order of the United States Fuel Administrator, and subject to modification hereafter by him; (1) The New England Fuel Administrator is hereby authorized and empowered, without prior communication with the United States Fuel Administrator in Washington, (a) to arrange with any consumer, not in the coal business, or with any jobber with respect to any coal not physically handled by such jobber, for the transfer, at the prices for bituminous coal fixed by the President in his order of 21 August, 1917, or at the prices for anthracite coal fixed by the President in his order of August 23, 1917 (as heretofore or hereafter modified or amended either generally or for special cases), of an amount of coal, specified by the New England Fuel Administrator, but not exceeding one full carload lot, to any consumer located in New England for the use of such consumer therein, or to any retail dealer in said New England for sale by said retailer at retail to his customers, whenever said New England Fuel Administrator is satisfied, after investigation by him, that sufficient necessity exists for such transaction, and to arrange, as a part of the transaction and in connection with the transfer, for the future sale and delivery by the United States Fuel Administrator, or by some one through his procurement, to the consumer or jobber, from whom such supply of coal is to be furnished, of a like amount of coal, of the same quality and at the President's prices therefor fixed as aforesaid, as the amount of coal so supplied through such arrangement of the New England Fuel Administrator; (b) To authorize any person found by him, after investigation, to be the bona fide owner of any coal purchased by him in the manner provided in the following paragraph (2), and physically handled by him by unloading it from vessel or car, and. actually in his possession in a yard, pocket, or other customary storage place for coal in New England, to sell a specified quantity of such coal to any consumer found by said New England Fuel Administrator, after investigation, to be in need thereof in order reasonably to assure the continued and uninterrupted operation within New England of a public utility or of an industrial plant or of any undertaking of a State, county, city, town, or other governmental subdivision, in any case found by said Administrator to be essential directly or indirectly to the national security and defense or to the efficient prosecution of the war. Any such sale may be made at such price, to be first approved by the New England Fuel Administrator, as shall not exceed the price at which such coal could have been sold by such owner thereof if the latter were at the time of the sale a retailer of coal and were selling such coal upon the basis prescribed in the order of the United States Fuel Administrator dated October 1, 1917, relative to maximum gross margins for retail coal dealers. (2) The New England Fuel Administrator is hereby authorized and empowered, upon first obtaining the written or telegraphic approval of the United States Fuel Administrator in each case to authorize any person found by him, after investigation, to be the bona fide owner of any coal, purchased by such owner under a valid and bona fide contract made prior to August 21, 1917 (exhibited to, and of which a copy shall be filed with, said New England Fuel Administrator), to sell a specified quantity of such coal, if actually present in New England although not yet unloaded from the vessel or car in which it has been transported into New England, to any consumer or dealer found by him after investigation to be in actual and immediate need of such coal for use or distribution within New England, and to permit such sales at such price, in excess of the price therefore fixed by the President as heretofore or hereafter modified or amended either generally or for special cases, as, in the judgment of said New England Fuel Administrator, shall not exceed the actual cost of said coal to such owner thereof plus a profit thereon not exceeding the amount of a jobber's gross margin as fixed and limited in the President's order of August 23, 1917; (3) No authorization by the New England Fuel Administrator under any of the provisions of this order shall be a continuing authorization, but shall lapse and terminate upon the delivery of the quantity of coal, at the place, and in the manner, therein specified; (4) A copy of every authorization made by the New England Fuel Administrator under any of the provisions of this order shall be at once forwarded to the United States Fuel Administrator in Washington. H. A. GARFIELD, United States Fuel Administrator. |