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(1) That all dock owners, dock companies, lake forwarders, jobbers, consignees, selling or purchasing agents, owners, dealers, or other agencies located on any of the Great Lakes and receiving bituminous coal, commonly known as “Smokeless” coal, from the Pocahontas, Tug River, and New River low-volatile-coal-producing districts in the states of West Virginia and Virginia, shall not sell, ship, or distribute such coal to any wholesaler, retail dealer, jobber, consignee, or other agency engaged in selling and distributing coal and located at any other port on any of the Great Lakes for use by consumers as domestic fuel in the states of Wisconsin, Minnesota, North Dakota, South Dakota, and Iowa.

(2) That no wholesaler, retail dealer, jobber, or other agency engaged in selling and distributing coal and located in any of the states of Wisconsin, Minnesota, North Dakota, South Dakota, or Iowa shall sell, deliver, or distribute any smokeless coal produced in the Pocahontas, Tug River, and New River low-volatile-coal-producing districts in the states of West Virginia and Virginia to consumers for domestic fuel located in the said states of Wisconsin, Minnesota, North Dakota, South Dakota and Iowa.

(3) That any violations of any of the provisions of this regulation shall subject the person, firm, corporation, or association so violating such provision or provisions to all the penalties prescribed by an Act of Congress approvea and in force August 10, 1917, and known as the “Lever Act."

(4) This regulation shall become effective at 7 a. m. Monday, the 27th day of May, A. D. 1918.

H. A. GARFIELD. United States Fuel Administrator.

Order of the United States Fuel Administrator of July 16, 1918, Effective 7 a. m. July 18,

1918, Prohibiting Distribution of Smokeless Coal from Lake Docks Except for the Purpose of Making Illuminating Gas, By-Product Coke or Coal Briquettes.

WASHINGTON, D. C., July 16, 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 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, no person, firm, association or corporation owning, operating or managing a dock on Lake Michigan or Lake Superior, shall sell, deliver, ship or distribute smokeless coal received at any such dock from the New River, Pocahontas, Tug River or other fields producing low-volatile-smokeless coal, whether such coal was carried over from stocks of last year or brought up by cargo this year, except where such coal is to be used for the purpose of making illuminating gas, by-product coke or coal briquettes, or for such other special purposes as may be designated in a special permit issued by the District Representative of the United States Fuel Administration in charge o docks on Lake Michigan and Lake Superior.

The prohibitions contained in this order shall apply to all shipments of smokeless coal from such dock which are permitted under the Zone Orders of the United States Fuel Administrator and also to all out of zone shipments under zone permits and in so far as any permit or permits heretofore granted for out of zone shipments from any such dock authorize or permit shipments of smokeless coal contrary to the provisions of this order, such permit or permits are hereby modified so as to make the same comply with such provisions. This order to become effective at 7 a. m., July 18, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of May 7, 1918, Effective May 15, 1918,

Regulating the Distribution and Apportionment of Coke Produced in New England and in Maryland, New Jersey, New York, Pennsylvania, and West Virginia.

WASHINGTON, D. C., May 7, 1918. It appearing to the United States Fuel Administrator that it is essential to the national security and defense, the successful prosecution of the war, and the support and maintenance of the army and navy, that the greatest possible supply of coke should be produced in the United States; that such production, even though all other conditions necessary therefor are present and capable of employment, is, because of the location of the ovens and the nature of the commodity, limited in part by the capacity of existing transportation facilities for the movement of the coke from points of production to points of delivery and consumption; that the amount of production, notwithstanding a continuance of the other present favorable conditions therefor, can be immediately increased by means of the greater utilization of coke cars, locomotives and other railroad facilities; and that among such means are the elimination of unnecessarily long hauls and of avoidable cross hauls of loaded and empty coke cars, and the provision of the necessary supply of such coke for each consuming section of the country from the coke ovens nearest thereto, or most readily accessible thereto, either in actual distance or in the freedom from congestion and delays in rail movements between such coke ovens and such section; and that apportionment of the coke will facilitate the movement of coke, tend to prevent either locally or generally scarcity thereof, and is necessary for the production of a sufficient quantity of coke to aid in the successful prosecution of the war,

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 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 revocation or modification by him from time to time and at any time hereafter;

(1) Producers (which term shall include every person, firm, corporation or association operating as owner, lessee or purchaser of the entire output of the oven) of coke in any of the New England States, viz: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, shall not, except as hereinafter provided, sell, ship and distribute such coke to dealers and consumers for use and consumption within that section of the United States described as all points (except Albany, Cohoes, Green Island and Troy, N. Y.) west of the east bank of the Hudson River south of Troy, N. Y., and west of the line of the Delaware and Hudson Company from Troy, N. Y., to Rouses Point, N. Y., including branches when forwarded for all-rail transportation and delivery; and

(2) Producers (which term shall include every person, firm, corporation or association operating as owner, lessee or purchaser of the entire output of the oven) of coke in any of the States of Maryland, New Jersey, New York, Pennsylvania and West Virginia, shall not, except as hereinafter provided, sell, ship, and distribute such coke to dealers and consumers for use and consumption within that section of the United States described as the New England States, viz.: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, when forwarded for all-rail transportation and delivery:

Provided, however, that this order shall not apply on petroleum coke and that section “(2)” hereof shall not apply on crushed coke for domestic use.

Wherever any boundary described in this order follows a line of railway, the consuming zone shall include all places usually taking deliveries of coke from points on

the portion of the line of railway included in such boundary or within: switching
limits of other railway lines connecting therewith.
This order shall be effective on and after May 15, 1918.

H. A. GARFIELD,
United States Fuel Administrator..

Order of the United States Fuel Administrator of Nov. 25, 1918, Vacating as of Dec. 1,

1918, the Order of May 7, 1918, Restricting the Distribution of Coke Produced in New England and in Maryland, New Jersey, New York, Pennsylvania and West Virginia.

WASHINGTON, D. C., November 25, 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 the order of said Administrator, dated May 7, 1918, entitled “Order Regulating the Production, Sale, Shipment, Distribution and Apportionment of Coke and the Method of such Production, Sale, Shipment, Distribution and Apportionment by all Producers of Coke Operating in the New England States and the States of Maryland, New Jersey, New York, Pennsylvania and West Virginia,” be, and the same hereby is, vacated and set aside as of the first day of December, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of July 2, 1918, Effective 1 a. m. July 3,

1918, Prohibiting Distribution of Gas Coal from Lake Docks Except to Gas Plants and By-Product Coke Plants.

WASHINGTON, D. C., July 2, 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 until further or other order of the United States Fuel Administrator, and subject to modification hereafter from time to time and at any time, no person, firm, association or corporation owning, operating or managing a dock on Lake Michigan or Lake Superior, shall, without a special permit to be applied for to and issued by the Distribution Division of the United States Fuel Admi aistration, sell, ship or distribute gas coal received at any such dock, except to persons, firms, associations or corporations engaged in the manufacture of gas or in the operation of by-product coke plants and no such gas coal sold, shipped or distributed from any such dock shall be used for the purpose of generating steam without a similar special permit.

The prohibitions contained in this order shall apply to all shipments of coal from such dock which are permitted under the Zone Orders of the United States Fuel Administrator, and also to all out of zone shipments under zone permits and in so far as any permit or permits heretofore granted for out of zone shipments from any such dock authorize or permit shipments of gas coal contrary to the provisions of this order, such permit or permits are hereby modified so as to make the same comply with such provisions. This order shall be effective on and after 7 a. m., July 3, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of July 31, 1918, Effective Aug. 3, 1918,

Regulating the Distribution and Apportionment of Anthracite Coal from Coal Docks in Minnesota, the Upper Peninsula of Michigan and Wisconsin on the Western Bank of Lake Michigan and on Lake Superior.

WASHINGTON, D. C., July 31, 1918. It appearing to the United States Fuel Administrator that it is essential to the national security and defense, the successful prosecution of the war, and the support and maintenance of the Army and Navy, that the greatest possible supply of anthra. cite coal should be produced in the United States; that such production, even though all other conditions necessary therefor are present and capable of employment is, because of the locations of the mines and the nature of the commodity, limited in part by the capacity of the existing transportation facilities for the movement of the coal from points of production to points of delivery and consumption; that the amount of production, notwithstanding a continuance of the other present favorable conditions therefore, can be immediately increased by means of the greater utilization of coal cars, locomotives and other railroad facilities; and that among such means are the elimination of unnecessarily long hauls and of avoidable cross hauls of loaded and empty coal cars, and the provision of the necessary supply of such coal for each consuming section of the country from the one or more coal fields nearest thereto, or most readily accessible thereto, either in actual distance or in the freedom from congestion and delays in rail movements between such coal fields and such section; and that

apportionment of the anthracite coal produced in the United States will facilitate the movement of anthracite coal and is necessary for the production of a sufficient quantity of anthracite coal to aid in the successful prosecution of the war,

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 of the United States Fuel Administrator, and subject to revocation or modification by him from time to time and at any time hereafter, every shipper (which term shall include every person, firm, corporation or association shipping as owner, lessee or purchaser of any coal from lake docks) of anthracite coal from any of the coal docks in the States of Minnesota, Wisconsin and Illinois and the Upper Peninsula of the State of Michigan, located along the western bank of Lake Michigan and Lake Superior shall, except as hereinafter provided, sell, ship and distribute such coal only to dealers and consumers for use and consumption within the following described section of the United States, viz:

(1) The States of North Dakota, South Dakota, Minnesota and Wisconsin; (2) The Upper Peninsula of the State of Michigan;

(3) That portion of the State of Iowa located on and north of a line coincident with the Illinois Central Railroad from Dubuque to Sioux City, Iowa;

(4) The following named counties within the State of Illinois:

Cook, Stephenson, Winnebago, Boone, McHenry, Lake, Ogle, Dekalb, Kane, Dupage, Lee, Kendall and Will. This order shall be effective on and after August 3, 1918.

H. A. GARFIELD, United States Fuel Administrator.

TITLE IV.

ORDERS AND REGULATIONS RELATING TO RAILROAD FUEL

SUPPLIES.

Section 1.-Orders Assuring to Certain Railroads Adequate Fuel

Supplies. Order of the United States Fuel Administrator of Oct. 9, 1917, Effective Oct. 15, 1917, Relative to the Provision of an Adequate Supply of Bituminous Coal for Railroad Use of the Pennsylvania Railroad Co. and its Operated Companies.

WASHINGTON, D. C., October 9, 1917. It appearing to the United States Fuel Administrator that, ụnder the present method of procuring for the use of the companies hereinafter named railroad coal not now under contract, and which under present conditions can not now be contracted for, by the Pennsylvania Railroad Co. for the use of itself and its operated companies—being the Philadelphia, Baltimore & Washington Railroad Co.; the West Jersey & Seashore Railroad Co.; the Baltimore, Chesapeake & Atlantic Railway Co.; the Maryland, Delaware & Virginia Railway; the Susquehanna, Bloomsburg & Berwick Railroad Co.; and the New York, Philadelphia & Norfolk Railroad Co. (hereinafter referred to collectively as the “Pennsylvania Railroad Co. and its aforesaid operated companies "), there results loss of car efficiency, discrimination in car supply as between mines, disturbance of the mine-labor factor, interference with commercial coal distribution, and interference with priority orders covering the distribution of other coal; and that an adequate and regular supply of bituminous coal for use as railroad fuel by said Pennsylvania Railroad Co. and its aforesaid operated companies

To

1 See also supra Chapter III, Title II.

In answer to certain questions arising under some of the Railroad Fuel Supply Orders, the following rulings were made by the United States Fuel Administrator interpreting those orders. Although the rulings in every case had reference to specific orders, they are equally applicable to all of the orders.

1. “The railroad practice of companies confiscating coalin transit in order to keep railroads in operation has created great confusion and caused endless inconvenience and interruption in the movement of coal needed for domestic and industrial supplies. In order to terminate this practice, it seemed desirable to provide some means by which the railroads could be supplied with coal. Such supply is, of course, absolutely necessary as otherwise neither coal nor any other commodity could be moved over their lines. accomplish this result with the least difficulty and inconvenience, an order was issued by this office, under the provisions of which the Norfolk & Western is authorized to requisition upon an equitable basis from the producers alongits lines the amount of coal necessary for the operation of the road in excess of the amount for the purchase of which it had already contracted. The authority to make such requisitions has been given priority over the filling of any contracts by the producers with other customers than the railroad. The requisitioning of coal under the order is authorized to be made at the President's prices.

"Consequently, the mining companies (situated on the Norfolk and Western) should furnish at the President's prices their respective pro rata amounts of coal as called for by the Norfolk & Western Railroad Company in accordance with the provisions of the order for securing to the Norfolk & Western Railroad Company its necessary supply of fuel. If exceptions were made in favor of (certain) companies on the ground that they have contracted to sell their entire product at higher prices to other customers, the only result which could follow would be to compel other producers, not having such contracts to the same extent, to supply coal for the railroad at the President's prices in order to enable the railroad to haul the coal of the more fortunate producers at the higher contract prices."

2. “Question: Whether the provision of clause (3) of the order of October 9th (the Pennsylvania R. R. Order) which provided as follows— subject, however, to the limitation that each mine under contract shall produce and sell not less than its contract obligation at the contract price', does not exempt the Taylor Run Coal Company for liability to honor these requisitions of the Railroad, it having contracted, prior to August 21st, all the coal it is now producing,

“Answer: The language quoted from the order of October 9th does not exempt the coal company from liability to honor requisitions of the Pennsylvania Railroad Company. The language quoted referred only to contracts between the mine and the Railroad Company for a supply of coal from the former to the latter and required the obligation of such contracts to be met in full ‘regardless of other obligations.""

3. “Question: Whether, if it was the intention by this order to abrogate contracts made prior to August 21st, 1917, to the extent of furnishing the amounts of coal provided in the order, 'going Government price

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