General Orders, Regulations and Rulings of the United States Fuel Administration

Regulations of the United States Fuel Administrator of Oct. 6, 1917, Issued as Paragraphs 2, 3, 4, 5, 8, 9, 10, 11, and 20 of Publication No. 9 of the United States Fuel Administration, in Regard to the Completion, at the Contract Price, of Contracts Entered into Prior to the Executive Orders of the President of Aug. 21, 1917, and Aug. 23, 1917.1

WASHINGTON, D. C., October 6, 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.

2. Contracts relating to bituminous coal made before the President's proclamation of August 21, 1917, and contracts relating to anthracite coal made before the President's proclamation of August 23, 1917, shall not be affected by these proclamations, provided the contracts are bona fide in character and enforceable at law, in the absence of further express regulation.

3. If the claim is made that any specific coal has been acquired in accordance with a bona fide contract enforceable at law existing prior to the time of the order of the President applicable thereto, the burden of proof is upon the parties to the contract to establish these facts.

4. Coal may be bought and sold at prices lower than those prescribed by the orders of the President.

5. The effect of the President's orders on coal rolling when the order affecting such coal was issued is to be decided by first ascertaining whether or not the title had passed from the operator to the consignee at the time the President's order became effective. If the title had passed to the consignee, the price fixed by the President does not apply.

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 coalin 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 at a price in excess of the President's price plus the proper jobber's commission, with coal purchased after the President's order became effective and not contracted for prior thereto.

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 such coal, shall not sell such coal at more than the price fixed by the President or the

1 For the Effect of the 45 cent wage increase order of Oct. 27, 1917, on Existing Contracts see the order and note under Chap. II, Title I, Section 2.

For regulations in regard to Smithing Coal Contracts see Chap. II, Title IV, Section 1.

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 23, 1917.

20. An assignment of a contract for the sale of coal, where such assignment is made after the President's order applicable to the price of the coal covered by the contract shall be treated as a sale of coal and be subject to all the orders and regulations of the President of the United States and the Fuel Administrator relating thereto.

Order of the United States Fuel Administrator of Oct. 27, 1917, Amending Paragraph 11, of Publication No. 9, by Authorizing the New England Fuel Administrator to Permit Sales of Coal Purchased by a Jobber under a Valid Contract Made prior to Aug. 21, 1917, at Cost plus the Jobber's Commission.

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;

(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 therefor 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 termi

nate 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.

WASHINGTON, D. C., October 27, 1917.

H. A. GARFIELD,

United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 8, 1917, Further Amending Paragraph 11, of Publication No. 9 of the United States Fuel Administration, by Authorizing Jobbers to Sell Coal Purchased under Valid Contracts Entered into Prior to the Executive Orders of Aug. 21, 1917, and Aug. 23, 1917, at the Contract Price plus the Jobber's Commission upon Compliance with the Regulations Set Forth in the Order.

It appearing to the United States Fuel Administrator that the amount of free or spot coal immediately obtainable is insufficient to supply the immediate demands of all consumers in various parts of the United States, and that the distribution of coal therein has been such, owing to an increased demand therein for coal and to other causes, as to create in various localities cases requiring additional supplies, and a need for the use of further agencies for distribution, of coal;

Hereby orders and directs that until further, or other, order of the United States Fuel Administrator, and subject to modification hereafter by him, from time to time, and at any time;

(1) The New England Fuel Administrator, for the New England States, and the State Fuel Administrator, for any other state, may authorize from time to time, subject to the conditions hereinafter stated, any jobber, wholesaler, or other person found by him after investigation and upon advice of counsel, to be the bona fide owner of any bituminous coal purchased by such owner under a valid and bona fide contract made prior to August 21, 1917, or of any anthracite coal so purchased under such a contract made prior to August 23, 1917, to sell a specified quantity of such coal, from unsold tonnage covered by such contract to any consumer or dealer found by such Administrator after investigation to be in need of such coal to meet his reasonable requirements for use or distribution within the jurisdiction of such Administrator, as the case may be, upon and subject to the following terms and conditons:

(a) The person desiring to make such sale shall exhibit to such Administrator the contract under which he claims to be the owner of coal which he desires to sell, together with evidence satisfactory to the Administrator upon advice of counsel, that the contract was made in good faith prior to the date of the President's order fixing the price of the kind of coal covered by said contract and that the same is in effect and enforceable at law, and shall file a copy of such contract with the Administrator.

(b) Such person shall prove by evidence satisfactory to the Administrator the amount of coal already sold or contracted to be sold by such person under any contract so submitted to the Administrator, the amount of coal unsold thereunder and still available for sale, and shall furnish the name, address, and occupation of the proposed purchaser and the location of the residence, plant, or place of business at which it is desired to deliver such coal for use or retail distribution, as the case may be.

(c) Only such an amount of coal shall be sold by such person to any consumer or dealer as such Administrator shall specify in his authorization of such sale, and the fact of such sale together with the name of the vendee, the amount of coal delivered, the place of delivery, and the price of the coal delivered, shall be promptly reported to such Administrator.

(d) The price at which any coal authorized by any Administrator to be sold hereunder may be sold, shall not exceed the contract price thereof, as found by the Administrator and stated in his authorization of such sale, plus the amount of a jobber's gross margin, as fixed and limited in the President's order of August 23, 1917.

(e) Any person requesting authority from the Administrator to sell coal under the provisions of this order, shall, by reason of his request therefor, be deemed to agree to sell to any consumers or dealers whom the Administrator may designate and for use or distribution by such consumers or dealers, as the case may be, such quantity, as the Administrator may require of the coal then unsold and not covered by any contract for the sale thereof made prior to the date of the President's order fixing the price for such coal, to which such person may be entitled under the contract exhibited to the Administrator.

(f) If any contract presented to an Administrator under this order is found by such Administrator not to conform to the requirements of paragraph (a) above, such contract shall not be presented by the jobber, wholesaler, or other person claiming rights thereunder, to any other State Fuel Administrator as a basis for authority to make sales of coal alleged to be covered by such contract, unless and until the contract shall have been presented to the United States Fuel Administrator and approved by him as a contract conforming to the requirements of said paragraph (a), and the fact of such rejection of any contract by a State Fuel Administrator shall be at once reported by the person claiming rights thereunder to the United States Fuel Administrator.

(2) All decisions, rulings, and authorizations made by the New England or any State Fuel Administrator under any of the provisions of this order must be in writing and copies thereof forwarded to the United States Fuel Administrator in Washington. (3) Records of the distribution of coal made or authorized under the provisions of this order shall be kept by the New England and State Administrators making the same and copies of such records shall be sent as made, endorsed "Attention of Department of Emergency Needs," to the Office of the United States Fuel Administrator in Washington.

(4) Ruling numbered II in the order of the United States Fuel Administrator dated 6 October, 1917 (printed as Publication No. 9), relative to jobbers holding, at the date of the President's order fixing the price of coal in question, contracts for the purchase of coal without having already sold or contracted to sell such coal, shall not apply to any sales by jobbers which they may be duly authorized by the New England or any State Fuel Administrator to make in accordance with the provisions of this order.

(5) Paragraph (2) of the order of the United States Fuel Administrator dated October 27, 1917, which paragraph authorized and empowered the New England Fuel Administrator to authorize sales of coal in New England not at the time unloaded from a vessel or car, is hereby terminated from and after November 8, 1917.

WASHINGTON, D. C., November 8, 1917.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Dec. 27, 1917, Directing that Deliveries of Coke Made after Dec. 31, 1917, Under Contracts Entered into on or after Sept. 24, 1917 (the Date of the Executive Order of the President Approving the Price of Coke as Determined by the War Industries Board), Shall be made at a Price Not in Excess of the Maximum Prices Established by the United States Fuel Administrator.

WASHINGTON, D. C., Dec. 27, 1917. 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 referred to and approved August 10, 1917,

Hereby orders and directs that no producer or vendor of coke shall ask, demand, or receive a higher price than the maximum price established by order of the Fuel

Administrator for any coke delivered after December 31, 1917, on contracts or sales made on or after September 24, 1917.

(Signed)

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of June 12, 1918, Requiring Manufacturers, Jobbers, Dealers, and Distributors of Coke to Make Report in Regard to, and File Copies of all Contracts for the Sale of Coke in Force Dec. 29, 1917.1

It appearing to the United States Fuel Administrator that in order to more efficiently distribute coke to manufacturers and industries necessary for the successful prosecution of the war that all manufacturers, jobbers, dealers, and distributors of coke be required to make a report of all contracts covering the sale of coke and to file with the United States Fuel Administration copies of all written contracts and affidavits concerning all oral contracts pertaining to the sale of coke, delivered on or after December 29, 1917, and claimed to be bona fide in character and enforcible at law and existing prior to the 29th day of December, 1917,

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 all manufacturers, jobbers, dealers, and distributors of coke be and they are hereby required to file with the Contract Section of the Legal Division of the United States Fuel Administration, Washington, D. C., within ten days after the receipt of a copy of this order the following, viz:

1. Exact copies of any and all documents relating to the sale of coke, which it is claimed constitute bona fide contracts enforcible at law and existing prior to December 29, 1917, for the delivery of coke on or after said date.

2. Affidavits by both the seller and purchaser or by some person or persons having authority to act for such seller and purchaser, respectively, setting forth therein all the terms and provisions of any alleged oral contracts claimed to be bona fide in character and enforcible at law and in existence prior to December 29, 1917, for the delivery of coke on or after said date.

3. A report in writing of all contracts existing prior to December 29, 1917, both written and oral, and claimed to be bona fide in character and enforcible at law, pertaining to the sale of coke to be delivered on or after said date, setting forth therein: a. The names and addresses of the seller and purchaser under each contract.

b. Dates of execution or making and expiration of each contract.

c. Price at which coke sold pursuant thereto was billed by the seller on December 29, 1917, or the nearest date thereto.

d. The quantity of coke covered by each contract.

e. The quantity of coke delivered on each contract up to December 29, 1917.

f. Statement as to whether the purchaser of such coke is the consumer thereof or a dealer therein.

And it is further ordered that all such manufacturers, jobbers, dealers, and distributors of coke furnish to the United States Fuel Administration such other data and information as may be required concerning such alleged contracts from time to time.

Dated this 12th day of June, A. D. 1918.

H. A. GARFIELD, United States Fuel Administrator.

1 This order is repeated under Chap. VI, Title I, Section 2.

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