Picked, Spiralized, and Washed Coal: When coal, in addition to being screened into sizes, has been picked upon tables or loading booms, or has been cleaned by means of spiral or other mechanical separators or washers, in such manner that the fuel value and the cost of preparation are substantially increased and the total output substantially decreased through removal of waste and impurities, said coal may be sold, but only for shipment loaded on board cars at the mine on or before July 31, 1918, at an increase in price of not to exceed twenty (20) cents per net ton above the applicable Government selling price at the date of shipment for the respective grades, defined as "run of mine" and "prepared sizes," that are actually picked, spiralized, or washed, if the producer thereof has, in the manner provided in Sections III and IV of this regulation, obtained a temporary permit for making such additional charge. In cases where the above maximum of twenty (20) cents is not sufficient, in the opinion of the United States Fuel Administrator, to compensate for this work a special temporary permit authorizing a larger increase to such amount and under such circumstances as the United States Fuel Administrator may deem proper, may in the discretion of the United States Fuel Administrator be issued as hereinafter in Sections III and IV provided. On and after August 1, 1918, only such additional amount may be charged for the extraordinary preparation herein provided for as shall be specifically authorized by the United States Fuel Administrator and named in each new permit which may then be issued pursuant to the provision of Sections III and IV hereof in lieu of the temporary permit issued prior to, and expiring on, said July 31, 1918. Such additional amount allowed after Aug. 1, 1918, shall be determined by the United States Fuel Administrator on review of the monthly reports required in Section VII hereof and of other facts and information deemed by him pertinent. The above regulation shall become effective April 1, 1918. * H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of May 27, 1918, Effective 7 a. m., June 1, 1918, Issued as Section I of Part 2, of Publication No. 25 of the United States Fuel Administration, Making a Special Allowance for Coal Mechanically Washed or Extraordinarily Cleaned or Picked. WASHINGTON, D. C., May 27, 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 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 that the regulation dated March 20, 1918, effective April 1, 1918, and contained in Publication No. 20, entitled “"Regulation Concerning the Production of Prepared Sizes of Bituminous Coal, Special or Unusual Methods of Preparing the Same, and the Conditions under which Increased Prices May be Charged Therefor," together with all permits issued under said regulation, be and the same hereby are in all respects canceled and revoked from and after 7 a. m., June 1, 1918. And hereby makes and establishes the following regulation, effective June 1, 1918, at 7 a. m., until further or other order and subject to modification hereafter from time to time and at any time: Section I. Mechanical preparation.-No special allowance will be made for the ordinary method of cleaning or picking coal employed in any district, but a special allowance will be made for coal mechanically washed or extraordinarily cleaned or picked in such manner that the fuel value of the coal has been substantially increased by the removal of waste and impurities. * * * * * The above order and the regulation therein contained promulgated this 27th day of May, 1918. H. A. GARFIELD, United States Fuel Administrator. Section 7.-Miscellaneous Orders Affecting the Delivered Price of Coal. Order of the United States Fuel Administrator of June 21, 1918, Effective 7 a. m., June 22, 1918, in Regard to the Inclusion of Transportation Charges in the Selling Price of Coal and Coke. 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 makes and establishes the following regulation, effective June 22, 1918, at 7 a. m., until further or other order and subject to modification hereafter from time to time and at any time: REGULATION AS TO TRANSPORTATION CHARGES TO BE ADDED TO OR INCLUDED IN SELLING PRICE OF COAL AND COKE. No producer, distributor or retail dealer shall include in or add to the price asked, demanded or received for coal or coke any sum for transportation charges in excess of the amount actually paid by or charged to such producer, distributor or retail dealer for the specific coal or coke sold, and no increased freight rate shall be included in or added to the selling price of coal or coke stored by or standing to the credit of such producer, distributor or retail dealer in or on any pool, dock, yard, trestle, vehicle, barge, vessel or bin unless such increased freight rate has been actually paid by or charged to such producer, distributor or retail dealer on the specific coal stored or on the specific shipment of coal which gives such credit. The provisions of this regulation apply to all orders of the undersigned fixing prices of coal or coke heretofore or hereafter made which provide that the prices therein contained shall be increased if freight rates are increased and no increased price shall be asked, demanded or received under such orders except by producers, distributors or retail dealers, who actually pay or become obligated to pay such increased freight rates. The above regulation was promulgated this 21st day of June, 1918. WASHINGTON, D. C., June 21, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Aug. 16, 1918, Efective Aug. 17e 1918, Fixing a Charge for Coal Delivered Directly from Mine Tipples to Locomotiv, Tenders. WASHINGTON, D. C., August 16, 1918. It appearing that operators should be allowed to make a charge for coal delivered directly from mine tipples to locomotive tenders in addition to the applicable Government mine price, 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 until further or other order in the premises there may be added to the applicable Government mine price of coal delivered directly from mine tipples to locomotive tenders the sum of five cents per net ton, provided, however, that if any operator refuses to furnish such coal at such increased price there may be added to the applicable Government mine price such other sum as may be agreed upon between such operator and the railroad receiving such coal or in case of their failure to agree said operator shall furnish such coal at the applicable Government mine price plus such additional sum in excess of five cents per net ton, as may be fixed by the Bureau of Prices of the United States Fuel Administration upon application of either such operator or such railroad. The above Order shall be effective August 17, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Sept. 4, 1918, Effective Sept. 5, 1918, Relative to Switching and Handling Charges Allowed to Railroad Companies Delivering Coal to Retail Dealers or Consumers to Relieve Emergencies. WASHINGTON, D. C., Sept. 4, 1918. It appearing to the United States Fuel Administrator that railroad companies which deliver coal to consumers or retail dealers for the purpose of relieving emergencies should be allowed to add to the cost of such coal an amount to cover extra switching, handling, and accounting, The United States Fuel Administrator, acting under authority of an Executive Order of the President of the United States, dated August 23, 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 until further or other order in the premises, a railroad company which, upon request or authority of a Federal Fuel Administrator for a State, or the request, requisition or order of a District Representative, or the Distribution Division of the United States Fuel Administration, delivers coal to any consumer or retail dealer in order to relieve an emergency, may receive from such consumer or retail dealer the cost of such coal to the railroad company delivering the same including lawful transportation charges from point of origin to point of destination and the additional sum of 15 cents per net ton, or such greater additional sum as may be agreed upon by the railroad company furnishing such coal and the consumer or retail dealer receiving the same, or, in case of failure so to agree, such greater additional sum as may be fixed by the Bureau of Prices of the United States Fuel Administration upon the application of either such railroad company or such consumer or retail dealer. The above order shall be effective September 5, 1918. H. A. GARFIELD, United States Fuel Administrator. TITLE V. CONTRACTS. Section 1.-Orders Relating to Contracts Entered into Prior to Price Fixing Orders. Order of the United States Fuel Administrator of Sept. 6, 1917, Issued as Paragraph 7 of Publication No. 5 of the United States Fuel Administration, Permitting the Filling, at the Contract Price of Contracts Bona Fide in Character and Enforceable at Law, Entered into Prior to the Executive Orders of August 21, 1917, and August 23, 1917, for the Sale of Bituminous and Anthracite Coal Respectively. 7. Contracts relating to bituminous coal made before the proclamation of the Fresident on August 21, and contracts relating to anthracite coal made before the President's proclamation of August 23, are not affected by these proclamations, provided the contracts are bona fide in character and are enforceable at law. The undersigned has requested the Federal Trade Commission to secure at the earliest moment possible a certified copy of all contracts held to come within the foregoing rule. H. A. GARFIELD, United States Fuel Administrator. Joint Subpana Issued by the Federal Trade Commission and the United States Fuel : Please take notice that by virtue of the power granted to the Federal Trade Commission by the provisions of Section 6 of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," you are hereby required to file with the Federal Trade Commission at its office at Fifteenth and K Streets, Washington, D. C., within ten days after the receipt of this notice by you a report in writing of (a) all documents relating to the purchase or sale of bituminous coal by you which documents you claim constitute bona fide contracts enforcible at law and in full force and effect on the 21st day of August, 1917; (b) all documents relating to the purchase or sale of anthracite coal by you, which documents you claim constitute bona fide contracts enforcible at law and in full force and effect on the 1st day of September, 1917, and you are further hereby required to file as aforesaid with such report true copies of any such documents relating to the purchase or sale of coal by you which you claim constitute a bona fide contract enforcible at law and with such report you are hereby further required to state in reference to each of said contracts, (1) the date of its execution; (2) the price at which coal bought or sold pursuant thereto, was billed by, or to you, on August 21st, 1917, or the nearest date thereto if for bituminous coal and the price as aforesaid on September 1st, 1917, or the nearest date thereto if for anthracite coal; (3) the quantity of coal which you have delivered or have received thereon on August 21st, 1917, if for bituminous coal, or to September 1st, 1917, if for anthracite coal; and (4) a definite specification or statement of any allowance, split commission, premium, rebate, or payment of any sort, made or to be made by you, to any sales agent or jobber, or any person interested in the coal transferred or to be transferred thereby. In witness whereof the Federal Trade Commission has caused this notice to be issued, signed by its Secretary, and its official seal to be affixed at the City of Washington this 21st day of September, A. D., 1917. By the Commission. [SEAL.] L. L. BRACKEN, Secretary. The Undersigned, United States Fuel Administrator, hereby joins in the foregoing demand and notice this 21st day of September, A. D., 1917. H. A. GARFIELD, United States Fuel Administrator. Joint Subpoena Issued by the Federal Trade Commission and the United States Fuel Administrator, dated November 27, 1917, Requiring the Filing by Jobbers of Coal and Coke of all Contracts in Force August 23, 1917, and a Report thereof. United States of America, before the Federal Trade Commission, ss: To..... Please take notice that by virtue of the power granted to the Federal Trade Commission by the Provisions of Section 6, of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," you are hereby required to file with the Federal Trade Commission at its office at Fifteenth and K. Streets, Washington, D. C., within ten days after the receipt of this notice by you a report in writing of all documents relating to the purchase or sale of anthracite, bituminous or semi-anthracite coal or coke by you, which documents you claim constitute bona fide contracts enforcible at law and in full force and effect on the 23rd day of August, 1917, and you are further hereby required to file as aforesaid with such report true copies of any such documents relating to the purchase or sale of coal or coke by you, which you claim constitute bona fide contracts enforcible at law; and with such report you are hereby further required to state in reference to each of said contracts, (1) the date of its execution; (2) the price at which coal or coke bought or sold pursuant thereto was billed by or to you prior to August 23rd, 1917, (3) the quantity of coal or coke which you have delivered or have received thereon prior to August 23rd, 1917; and (4) a definite specification or statement of any allowance, split commission, premium, rebate, or payment of any sort, made or to be made by you, to any other jobber or sales agent, or any person interested in the coal transferred or to be transferred thereby. In witness whereof the Federal Trade Commission has caused this notice to be issued, signed by its Secretary, and its official seal to be affixed at the City of Washington this 27th day of November, A. D. 1917. By the commission. [SEAL.] L. L. BRACKEN, The undersigned, United States Fuel Administrator, hereby joins in the foregoing demand and notice this 27th day of November, 1917. H. A. GARFIELD, United States Fuel Administrator. |