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7. In the event that a new schedule of prices is established for a district or field, no petition for a general revision of prices in that district or field will be considered by the Fuel Administration for a period of at least ninety days after the date on which the new schedule became effective.

8. Individual operators who are unable to produce coal at a profit under the schedule of mine prices established for a given districi or field, may petition through the Fuel Administration for a special selling price, by complying with the above rules, and in addition filing with the United States Fuel Administration a „tatement signed by the majority of operators or operators producing the majority of the tonnage in the district in which the mine affected is located, to the effeci that the petitioner is mining under physical conditions peculiar to his mine, which do not pertain to other mines in the district, and which makes his cost of mining necessarily higher than other mines in the district. (It is expressly understood that this requirement shall in no way preclude the right of an individual operator or operators' association to petition for higher selling prices if subsequent developments in mining conditions warrant the belief that a further revision is necessary.)

9. When operators or Operators' Associations desire to appear, personally or by committee, for the purpose of presenting their case or to furnish information bearing on their petition, a request for a hearing must be made in advance to the U. S. Fuel Administration. A hearing may be expected after sufficient time has elapsed for the Federal Trade Commission and the U.S. Fuel Administration to make a complete examination of the case submitted.

U.S. FUEL ADMINISTRATION,

Production Department. WASHINGTON, D. C., April 11, 1918.

TITLE IV.

SPECIAL PRICES, PREMIUMS, AND CHARGES.

Section 1.-Orders Relating to Prices of Smithing Coal." Order of the United States Fuel Administrator of Oct. 1, 1917, Directing that Smithing

Coal May Be Sold at the Prevailing Market Price at the Time of Sale. ? The President of the United States having on the 21st day of August, 1917, ordered and directed that bituminous coal produced in the United States should, after that date, be sold at certain prices set forth in said order, and the said order not having specifically fixed the price at which the form of coal known as cannel coal and smithing coal may be sold;

Now, by direction of the President of the United States, the Fuel Administrator hereby orders and directs that coal specially prepared for use in smithing, and sold for that purpose and for no other, pending further investigation and until further order in the premises, may be sold at the market price prevailing at the time of the sale.

H. A. GARFIELD,

Fuel Administrator. WASHINGTON, D. C., October 1, 1917. Regulation of the United States Fuel Administrator of Oct. 6, 1917, Being Paragraph 18

of Publication No. 9, of the United States Fuel Administration Permitting the Sale of Smithing Coal at the prevailing Market Price at the Time of 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

1 See p. 59 for smithing coal price for Yolands Coal & Coke Co.

3 The above order was announced in the last paragraph of Section 2 of Publication 4 of the United States Fuel Administrator of October 1, 1917.

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.

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18. Until further action of the Fuel Administrator smithing coal, when used for smithing purposes only, may be sold at the market prices prevailing at the time of the sale.

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H. A. GARFIELD,

Fuel Administrator. Order of the United States Fuel Administrator of Feb. 14, 1918, Effective 7 a. m., Feb. 15,

1918, Repealing the Order of Oct. 1, 1917, and Fixing Prices for Smithing Coal.

The regulation of the Fuel Administrator, dated October 1, 1917, relating to smithing coal, and reading as follows:

"The President of the United States having on the 21st day of August, 1917, ordered and directed that bituminous coal produced in the United States should, after that date, be sold at certain prices set forth in said order, and the said order not having specifically fixed the price at which the form of coal known as cannel coal and smithing coal may be sold;

“Now, by direction of the President of the United States, the Fuel Administrator hereby orders and directs that coal specially prepared for use in smithing, and sold for that purpose and for no other, pending further investigation and until further order in the premises, may be sold at the market prices prevailing at the time of the sale” is hereby repealed, and hereafter all smithing coal must be sold at the going government price for prepared sizes of bituminous coal applicable to the mine producing such coal. This regulation to become effective at 7 a. m., February 15, 1918.

H. A. GARFIELD,

United States Fuel Administrator. Washington, D. C., February 14, 1918. Order of the United States Fuel Administrator of April 6, 1918, Permitting, upon Satisfactory Showing Made, the Completion, at the Contract Price, of Contracts for the Sale of Smithing Coal Entered into prior to Feb. 14, 1918.!

The United States Fuel Administrator has made the following ruling relative to the effect upon contracts then existing for the sale of smithing coal of the order of February 14, 1918, fixing prices on such coal:

All contracts for the sale of smithing coal made before February 14, 1918, and which had not expired prior to said date, providing for higher prices than that fixed by the United States Fuel Administrator, are abrogated on and after said date, unless in any special case satisfactory proof is furnished that the coal covered by the contract is really smithing coal, and that the purchaser under that contract is a bona fide user of smithing coal to the extent indicated by the quantity of coal called for, and the period of time in which it was to be delivered, under the terms of the contract.

In every case of application for authority to permit such a contract to continue in force, the burden of proof is upon the applicant to satisfy the Fuel Administration of the existence of the foregoing conditions.

H. A. GARFIELD,

United States Fuel Administrator. WASHINGTON, D. C., April 6, 1918.

1 It has been ruled that the above order has no application to contracts bona fide in character and enforcible at law, made prior to the Executive Order of August 21, 1917.

Order of the United States Fuel Administrator of April 25, 1918, Effective April 25, 1918,

Establishing Rules and Regulations Controlling Price, Sale and Distribution of Smithing Coal.

It appearing to the United States Fuel Administrator that a further and additional regulation should be made governing the price. sale and distribution of coal to bę used exclusively for smithing purposes,

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 Fuel 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 until further or other order of the United States Fuel Administrator, from time to time or at any time hereafter made, the following rules and regulations shall control the price, sale and distribution of smithing coal, viz:

Section 1. In districts where an extra allowance is made for prepared sizes, smithing coal may, under the order of February 14, 1918, be sold at such prepared sizes price applicable at date of shipment.

Section II. In districts where no extra allowance is made for prepared sizes and the prepared sizes price is the same as the price for run of mine, producers of smithing coal who give special care and attention to the preparation of their coal by hand, without the use of special machinery, picking tables, loading booms or other mechanical devices required to obtain a permit under the Special Preparation Order of March 20, 1918 (Publication No. 20) may apply to the License Section of the Legal Division for a permit to make an additional charge of 25 cents per ton of 2,000 pounds, to cover the cost of such special preparation.

Section III. If smithing coal is washed or given special mechanical preparation application may be made to the License Section of the Legal Division under the provisions of the Special Preparation Order of March 20, 1918 (Publication No. 20) for a permit to make an additional charge to cover such washing or special preparation. If the ordinary temporary permit allowing an additional charge of 20¢ per ton is insufficient a special temporary permit granting a larger additional charge may be issued under the provision of Section II of that order. The classification of smithing coal under the order of February 14, 1918, into the prepared size class will be held to satisfy the provisions of Section IX of the Special Preparation Order that in order to obtain the additional charge therein specified the coal must first have been screened into sizes.

Section IV: If smithing coal is shipped in bags the actual cost of such bags and expense of filling bags may be added to the applicable Government mine price.

Section V. When smithing coal is loaded into box cars, an additional charge of 50¢ per ton of 2,000 pounds may be added to cover the cost of labor and material necessary to load smithing coal into box cars.

Section VI. Under the order of April 6, 1918 (Statement No. 1737) no contracts entered into after August 21, 1917, for the shipment of smithing coal at prices higher than the applicable prepared size price at date of shipment will be approved where the difference between the contract price and the applicable prepared size price at date of shipment exceeds the additional charge which the producer of such coal would be entitled to under the provisions of the Special Preparation Order of March 20, 1918, or this order. It was not intended by such order of April 6, 1918, to reverse previous rulings that all contracts entered into after August 21, 1917, for the shipment of smithing coal must be considered as being subject to prices on smithing coal which might thereafter be fixed for such coal.

Section VII. All invoices for smithing coal shipped after the effective date of this order at a price which exceeds the run of mine price applicable to the district where the coal is produced shall state thereon that the buyer in accepting the coal covenants and agrees that such coal will be used only for bona fide smithing coal purposes. The above regulation promulgated and effective this 25th day of April, 1918.

H. A. GARFIELD,

United States Fuel Administrator. WASHINGTON, D. C., April 25, 1918. Order of the United States Fuel Administrator of June 18, 1918, Effective 7 a. m., June

19, 1918, Fixing Prices at the Mine for Crushed Run of Mine Smithing Coal Produced by the Sequatchie Coal Co. at its New Etna Mines, Marion County, Tennessee.

The President of the United States having heretofore, on or about the 21st day of August, 1917, by virtue of the provisions of an Act of Congress known as the Food and Fuel Control Act, approved August 10, 1917, ordered and directed that the coal mined in the State of Tennessee should be sold at the price named in said Order; and appli-. cations having been made thereafter to the United States Fuel Administrator for a revision of such prices applicable to the coal mined in said State;

And the United States Fuel Administrator after due consideration of said applications for revision of prices, having ordered and directed that bituminous coal mined in the County of Marion, in the State of Tennessee, should be sold at the following prices, to wit: run of mine, $2.55 per ton, prepared sizes, $2.80 per ton, slack or screenings, $2.30 per ton;

And the company hereinafter named having applied to the United States Fuel Administrator for a further revision of such prices as to the smithing coal produced by it, and to be sold for smithing purposes only, the United States Fuel Administrator, after due consideration of such application, acting under the authority of an Executive Order of the President of the United States dated 23 August, 1917, appointing said Fuel 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 crushed run of mine smithing coal produced by the Sequatchie Coal Company at its New Etna Mines, in the County of Marion, in the State of Tennessee, may be sold for smithing purposes only at a price not to exceed $3.80 per net ton f. o. b. cars at such mines, plus the 45° allowance for wage increase if said Company is entitled to add such allowance under the President's order of October 27, 1917, and plus 50¢ per net ton if loaded in box cars, and plus the actual cost of bagging as provided in the order of April 25, 1918. This order to become effective at 7 a. m., June 19, 1918.

H. A. GARFIELD,
United States Fuel Administrator,

By Cyrus GARNSEY, Jr.,

Assistant U. S. Fuel Administrator. WASHINGTON, D. C., June 18, 1918.

Section 2.-Orders Relating to Prices of Cannel Coal. Order of the United States Fuel Administrator of Oct. 1, 1917, Directing that Cannel

Coal May Be Sold at the Prevailing Market Price at the Time of the Sale. The President of the United States having on the 21st day of August, 1917, ordered and directed that bituminous coal produced in the United States should, after that date, be sold at certain prices set forth in said order, and the said order not having specifically fixed the price at which the form of coal known as cannel coal and smithing coal may be sold;

Now, by direction of the President of the United States, the Fuel Administrator hereby orders and directs that cannel coal, pending further investigation and until further order in the premises, may be sold at the market price prevailing at the time of the sale.

H. A. GARFIELD,

Fuel Administrator. WASHINGTON, D. C., October 1, 1917. Regulation of the United States Fuel Administrator of Oct. 6, 1917, Being Paragraph

19 of Publication No. 9 of the United States Fuel Administration Permitting the Sale of Cannel Coal at the prevailing Market Price at the Time of 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

ecurity 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.

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19. Until further action of the Fuel Administrator cannel coal may be sold at the market prices prevailing at the time of the sale.

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Order of the United States Fuel Administrator of Feb. 21, 1918, Fixing Prices at which

Mixed Bituminous and Cannel Coal may be Sold. Where cannel and bituminous coal is mixed, the maximum price for the mixture shall be the mine price, fixed by or under authority of the President of the United States, for the bituminous coal in such mixture.

H. A. GARFIELD,

United States Fuel Administrator. FEBRUARY 21, 1918.

Order of the United States Fuel Administrator of June 28, 1918, Effective June 29, 1918,

Establishing Regulations Controlling Price and Sale of Cannel Coal. The President of the United States having by Executive Order dated 21 August, 1917, fixed the prices at which bituminous coal produced in the United States should be sold after that date, and said order not having specifically fixed the price at which that kind of bituminous coal known as cannel coal should be sold,

And the United States Fuel Administrator, by paragraph numbered 19 of the order dated October 6, 1917, contained in Publication No. 9, having provided that until further action of the Fuel Administrator, cannel coal might be sold at the market prices prevailing at the time of sale and it being desirable that the prices of cannel coal shipped after the effective date of this order should be fixed,

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 Fuel 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,

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