1918. Order of the United States Fuel Administrator of Aug. 13, 1918, Permitting the Completion, at the Contract Price, of Contracts for the Sale of Charcoal Entered into Prior to July 8, WASHINGTON, D. C., August 13, 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 contracts relating to charcoal made before the order of said Administrator, dated July 8, 1918, fixing maximum prices for lump and screened charcoal in car-load lots, shall not, in the absence of further express order or regulation by said Administrator, be affected by said order, provided such contracts are bona fide in character and enforceable at law, nor shall said order be construed to impair the right of any shipper to charge and collect the contract price for any shipment of charcoal heretofore or hereafter made under any such contract. H. A. GARFIELD, United States Fuel Administrator, By CYRUS GARNSEY, Jr., Asst. United States Fuel Administrator. Section 2.-Orders Relating to Making Contracts at Prices Subject to Revision. Statement of the United States Fuel Administrator of Sept. 6, 1917, Issued as Paragraph 4 of Publication No. 5 of the United States Fuel Administration, Suggesting the Mak ing of Sales and Deliveries of Coal at Prices Subject to Revision. 4. Plans are under consideration and will soon be announced whereby production may continue without affecting adversely either the producer or the purchaser pending the examination of applications for revision of prices. Until this plan is announced, it is suggested that sales and deliveries be made at the prices fixed, with a stipulation to the effect that if prices are readjusted settlements shall be made accordingly. * * * * H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator, Effective 7 a. m., Nov. 16, 1917, Amending Paragraph 4 of Publication No. 5, and Prohibiting Consignments of Coal at a Price Subject to Revision. Paragraph 4, Publication No. 5, has been amended as follows: "Hereafter consignments of coal shall be made on the basis of a fixed price, not subject to revision on account of any subsequent regulation of price by the United States Fuel Administration. This ruling supersedes Paragraph 4, Publication 5." This order is effective November 16, 1917, at 7 a. m. H. A. GARFIeld, United States Fuel Administrator. Order of the United States Fuel Administrator of Dec. 3, 1917, Permitting Sales to be Made to the United States Government, including the United States Transport Service and the Emergency Fleet Corporation, at Prices Subject to Revision. The United States Fuel Administrator having heretofore, by Paragraph 4, Publication 5, issued September 6, 1917, permitted the sale and delivery of coal at fixed prices subject to revision, and thereafter, by order effective November 16, 1917, prohibited consignments of coal on the basis of fixed prices subject to revision; And it appearing to the United States Fuel Administrator that in the cases hereinafter named the sale and delivery of coal at fixed prices subject to revision should be permitted; 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 order in the premises, sales and deliveries of coal to the United States Government, including the United States Transport Service and the Emergency Fleet Corporation, may be made at the prices fixed with a stipulation to the effect that if prices are readjusted settlements shall be made accordingly. WASHINGTON, D. C., December 3, 1917. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Mar. 27, 1918, Directing that Settlements for Coal Sold and Delivered Prior to April 1, 1918, Shall be Made on the Basis of Prices in Effect Prior to Said Date, and Prohibiting Sales of Coal on and after Said Date at Prices Subject to Revision. WASHINGTON, D. C., March 27, 1918. The United States Fuel Administrator having heretofore, by Paragraph 4, Publication 5, issued September 6, 1917, permitted the sale and delivery of coal at fixed prices subject to revision, and thereafter, by order effective November 16, 1917, prohibited consignments of coal on the basis of fixed prices subject to revision, and thereafter, as an exception thereto, directed that sales and deliveries of coal to the United States Government, including the United States Transport Service, and the Emergency Fleet Corporation, may be made at the prices fixed with a stipulation that if such prices were thereafter readjusted, settlements should be made accordingly; And, it appearing to the United States Fuel Administrator that questions have arisen as to the particular fixed price or prices which should govern the settlement of sales and deliveries of coal so made, and that fixed prices, effective on and after a certain date should not be used as a basis for any such settlements, and that there is now no further occasion for the sale of any coal at fixed prices, subject to revision, on account of subsequent price regulations. 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 the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that all settlements for coal sold and delivered prior to April 1, 1918, at fixed prices subject to revision on account of subsequent price regulation, shall be made on the basis of the fixed prices prevailing prior to April 1, 1918, and that any readjustment of prices of coal becoming effective on or after April 1, 1918, shall not be used as a basis for such settlement. And it is further ordered that on and after April 1, 1918, no coal shall be sold or delivered at any fixed price subject to revision on account of any subsequent price regulations. H. A. GARFIELD, United States Fuel Administrator. Section 3.-Orders Relating to the Making of Contracts. Order of the United States Fuel Administrator of Dec. 24, 1917, Effective 7 a. m., Dec. 29, 1917, Issued as Publication No. 16 of the United States Fuel Administration, Regulating the Making of Contracts by Operators, Producers, and Jobbers of Coal and Coke. WASHINGTON, D. C., December 24, 1917. 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 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 from time to time and at any time, the following regulations are established relative to CONTRACTS FOR THE SALE OF COAL AND COKE. A coal or coke operator or producer may, in accordance with these regulations, and not otherwise, make contracts for the sale of coal mined or produced, or of coke produced or made, by him with any consumer or other person including jobbers. (1) No such contract shall provide for the delivery or supply of coal or coke over a period longer than one year; and such period of one year shall terminate at a date not more than 18 months from the date of actual execution of the contract. (2) Every such contract for the sale of coal shall provide that the price of any coal delivered thereunder shall, with respect to each shipment of coal under such contract, not exceed the price at the mine as fixed by the President, or by the United States Fuel Administrator under authority of the President, and in effect at the date of such shipment from the mine.' (3) Every such contract for the sale of coke shall provide that the price of any coke delivered thereunder shall, with respect to each shipment of coke under such contract, not exceed the price for coke as fixed by the President, or by the United States Fuel Administrator under authority of the President, for the kind of coke specified in the contract, and in effect at the date when such shipment of coke leaves the point at which it is produced or stored.1 (4) Every such contract shall provide that the same shall be forthwith canceled and of no further binding effect upon either party thereto, upon receipt of a request or an order from the United States Fuel Administrator for such cancellation, and that in case of such cancellation neither party to the contract shall be under any further liability to the other thereunder and that neither shall have any claim against the United States by reason of such contract or the cancellation thereof. (5) Every such contract shall provide that coal or coke deliverable thereunder shall be subject to requisition by the United States Fuel Administrator, including Paragraphs (2) and (3) of the “Order of the United States Fuel Administrator regulating the making of contracts by operators, producers, and jobbers of coal and coke," dated December 24, 1917, and effective December 29, 1917, do not restrict or otherwise affect the right of the parties to any contract of the kind mentioned in either of said paragraphs to include in such contract a provision reserving to the operator or producer the power to terminate the same in the event of a reduction in the Government price after the execution of the contract, or such a provision reserving to the consumer or purchaser named in such contract a power to terminate the same in the event of an increase in the Government price after the execution of the contract. (Formal ruling by the United States Fuel Administrator, dated Mar. 4, 1918.) under the term requisition the right to divert such coal or coke to any other party than the purchaser named in the contract; that such requisition may be made at any time during the continuance of the contract and prior to actual receipt and unloading of the coal or coke so requisitioned, at the point of ultimate destination, by the person entitled thereto under the terms of the contract; that such requisition shall be made at the going Government price at the date of shipment from the mine of the coal so requisitioned or of the shipment of the coke so requisitioned from the place of production or storage thereof, and without other or further liability of the Government to either party to the contract than the payment of such price and freight, so far as either party to the contract may at the time of such requisition or diversion be liable for such freight payment. (6) A jobber may make contracts for the sale of coal or coke owned by him, or to which he is entitled under contracts made by him with operators or producers in conformity with these regulations, at a price not exceeding the purchase price paid or payable by such jobber for such coal or coke under the limitations of the foregoing paragraphs numbered (2) and (3), plus such commission on coal (not on coke)1 as may, at the time of the shipment thereof from the mine where such coal is produced, be the then permissible jobber's commission. All such contracts by jobbers for the sale of coal or coke shall conform to the provisions and requirements in the foregoing paragraphs numbered (1), (4), and (5). (7) Every coal or coke operator or producer and every jobber shall send within 10 days of the execution of any contract by him a certified copy thereof to the United States Fuel Administrator at Washington, D. C., marked "Attention of legal department.1 CROSS HAULING. No contract may be made, or if made hereafter will be recognized as valid, by the United States Fuel Administrator, which involves railroad cross hauling of coal, except in the case of gas coal or coal to be used for by-product purposes. ORAL CONTRACTS. Oral contracts for the delivery or supply of coal or coke will in no cases be recognized by the Fuel Administrator as valid or binding upon either party thereto and are hereby prohibited. CANCELLATION AND TERMINATION. All and any contracts for the sale of coal or coke are subject to cancellation and termination at any time by the President or by the United States Fuel Administrator acting under authority of the President. This order shall be effective December 29, 1917, 7 a. m. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of July 26, 1918, Effective 7 a. m., July 29, 1918, Amending Paragraph 1 of Publication No. 16 of the United States Fuel Administration of Dec. 24, 1917, By Authorizing the Making of Contracts for a Period Longer that One Year, Provided Approval of the United States Fuel Administrator is First Obtained. 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 For regulation relative to commissions on sales of coke see Chap. VI, Title I, Section 1, Order of Nov. 9, 1917, effective Nov. 10, 1917. of said Executive Orders, and of the Act of Congress therein referred to and approved August 10, 1917, Hereby orders and directs that paragraph (1) of the "Order of the United States Fuel Administrator regulating the making of contracts by operators, producers, and jobbers of coal and coke” of December 24, 1917 (Publication No. 16), be amended to read as follows: (1) No such contract shall provide for the delivery or supply of coal or coke over a period longer than one year; and such period of one year shall terminate at a date not more than 18 months from the date of actual execution of the contract; provided, however, that the United States Fuel Administrator may in his discretion upon application and submission to him of satisfactory evidence specially approve of the making of any particular contract covering a period longer than one year, or without limitation as to date of termination. Any such contract so specially approved shall, however, be subject to all orders, rules, and regulations of the United States Fuel Administrator then or thereafter at any time in force. This order shall be effective at 7 a. m., on the 29th day of July, A. D. 1918. WASHINGTON, D. C., July 26, 1918. Order of the United States Fuel Administrator of Dec. 31, 1918, Effective Dec. 31, 1918, Vacating Paragraph 1 of the Order of Dec. 24, 1917, issued as Publication No. 16 of the United States Fuel Administration, and Amendments thereto. WASHINGTON, D. C., December 31, 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 paragraph (1) of the order of said Administrator, dated December 24, 1917, entitled "Order of the UNITED STATES FUEL ADMINIS TRATOR REGULATING THE MAKING OF CONTRACTS BY OPERATORS, PRODUCERS, AND JOBBERS OF COAL AND COKE," as amended by order dated July 26, 1918, which said paragraph (1) as amended prohibits the making, without the approval of the United States Fuel Administrator, of any contract providing for the delivery or supply of coal or coke for a period of more than one year, and provides that such period of one year shall terminate not later than eighteen months from the date of the execution of the contract, be, and the same hereby is, canceled and revoked, as to all contracts executed after the effective date of this order. This order shall be effective December 31, 1918. H. A. GARFIELD, United States Fuel Administrator, By CYRUS GARNSEY, Jr., Assistant U. S. Fuel Administrator. |