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is necessary for the national security and defense, for the efficient prosecution of the war, and to facilitate the movement of necessaries as defined in the act of Congress hereinafter referred to,

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 from and after October 15th, 1917, and until further order of the Fuel Administrator, but not exceeding the duration of the war in which the United States is now engaged, and subject to modification hereafter by him, producers of bituminous coal operating mines (including mines hereafter opened or beginning or renewing operations) located on the lines of and served by the Pennsylvania Railroad Co. and its aforesaid operated companies shall produce, sell, ship, and distribute bituminous coal to said Pennsylvania Railroad Co. and its aforesaid operated companies for their use as railroad coal, upon the following plan:

(1) The percentage proportion which the aggregate requirement of said Pennsylvania Railroad Co. and its aforesaid operated companies bears to the capacity of all such mines, as rated by the railroad, shall be ascertained, and each mine which is furnishing such or a greater percentage under contract shall, during the life of the contract, continue so to produce and sell such coal at the contract price, and shall ship and distribute such coal regularly each week when the mine operates and ships, and so far as practicable in equal daily quantities regardless of other obligations.

(2) The requirement not obtained from mines furnishing such or a greater percent age under the preceding paragraph (1) shall be requisitioned from the remaining mines at the going Government price, subject, however, to any revision which may

does not mean that the price shall be $2.15 in accordance with the President's proclamation, that when coal is sold through a jobber a commission of 15¢ may be added to the mine price of $2.00." "Answer: It was the intention of this order to give priority to an adequate and regular supply of fuel coal for the Pennsylvania Railroad Company over all and any contracts of any producer operating mine located on the lines of that Company and of other companies operated by it. In accordance with this intention, coal needed by the Railroad Company for fuel purposes must be furnished in accordance with the provisions of the order and deliveries of coal to other customers under contract with them must be postponed until the requirements of the Railroad Company under the order have been met. The 'going government price' governing the price to be paid for coal requisitioned means, where used in the order referred to, the government price fixed for producers. It does not mean the price which a jobber might charge to his customer under the President's order. Consequently, it would be contrary to said order of October 9, to add a commission of 154 or any other amount to the President's price applicable to the coal produced by the coal company so far as requisitioned by the Railroad Company."

4. "Question: Our plant is operated under Union Labor in Preston County, W. Va., and we desire to know if we are to bill this coal to the B. & O. Railroad Company at $2.45 per net ton."

"Answer: If the conditions stated in the order of the President dated 27 October, 1917, have been complied with, you would be entitled under the order of the United States Fuel Administrator of October 19, 1917, relative to providing an adequate supply of bituminous coal for use of the Baltimore & Ohio Railroad Company to add 45¢ per ton on and after October 29, 1917, to the price fixed by the President's Proclamation of 21 August, 1917, upon any coal requisitioned from you by the Baltimore & Ohio Railroad Company for its own railroad use or for the use of its operated companies mentioned in said order of October 19, 1917."

5. "It is the intention of the orders issued by the United States Fuel Administrator relative to coal supply for the different railroads, that the coal requisitioned under authority of those orders should be furnished at the government price without the addition of any jobber's commission even where the output of a mine is controlled by a jobber.

""These orders are issued upon the theory that, unless the railroad company upon which mines are situated has sufficient fuel to operate, its road, no mine uyon the road would be able to market its product. To keep the road in operation in the past, the custom has grown up of confiscating coal in transit. This custom has proved prejudicial to the interests of both producers and consumers. It is the hope of the Fuel Administrator that these orders will put an end to coal confiscation, will distribute the burden of supply. ing coal for the operation of the railroad equitably among the producers, and effect a more steady and re liable production of coal by all the producers."

be made retroactively effective in the percentage proportion that such remaining coal requirement of said Pennsylvania Railroad Co. and its aforesaid operated companies bears to the capacity of such remaining mines as rated by the railroad, subject, however, to the limitation that each mine under contract shall produce and sell not less than its contract obligation at the contract price, and shall ship and distribute all such coal regularly each week when the mine operates and ships, and so far as practicable in equal daily quantities, regardless of other obligations.

It is further ordered that said Pennsylvania Railroad Co. and its aforesaid operated companies shall, not later than Saturday of each week, file with the undersigned a statement showing the tonnage of the coal which during the following week shall be requisitioned from each producer and mine upon the authority of this order, and shall post in the office of the car distributor for each district concerned a copy of the statement so filed with the undersigned, and shall give notice to each producer from whom coal shall be requisitioned upon the authority of this order, showing the amount of coal which during the week following shall be requisitioned from each of such producer's mines.

It is further ordered that this order for assuring an adequate and regular supply of bituminous coal for the Pennsylvania Railroad Co. and its aforesaid operated companies is hereby given priority, subject, however, to diversion and other regulation by the Fuel Administrator, either generally or in any special case, over all and any contracts of any producer operating mines located on the lines aforesaid.

It is further ordered that clause 7 of the statement of the Fuel Administrator of 6 September, 1917 (Publication No. 5), relative to the effect of the President's proclamation of August 21 upon contracts made before that date, is hereby modified to the extent indicated in this order.

And it is further ordered that a copy hereof shall be served upon the Pennsylvania Railroad Co. and its aforesaid operated companies and upon each of the producers of bituminous coal located thereon and named in the statement appended hereto and marked "Exhibit 1."

H. A. GARFIELD,
Fuel Administrator.

Order of the United States Fuel Administrator of Feb. 9, 1918, Effective Feb. 11, 1918, Modifying and Amending the Order of Oct. 9, 1917, Relative to the Provision of an Adequate Supply of Bituminous Coal for the Use of the Pennsylvania Railroad Co. and its Operated Companies.

WASHINGTON, D. C., February 9, 1918.

It appearing to the United States Fuel Administrator from evidence furnished from the office of the Director General of Railroads that certain modifications are, for the present, desirable in the order of October 9, 1917, relative to providing, and to the manner of providing, an adequate supply of bituminous coal for the use of the Pennsylvania Railroad Company and its operated companies (named in said order), and that the modifications hereinafter specified, in accordance with the suggestions of the Director General of Railroads, may help to reduce the congestion upon said Railroad, and especially in its Altoona yard, and thereby to improve the movement of coal cars from the mines to the consumers along the Atlantic Seaboard, and to increase the supply of coal cars to the mines and thereby to make possible a greater production of coal for commercial 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 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 from and after February 11, 1918, and until further order of the Fuel Administrator, but not exceeding the duration of the war in which

the United States is now engaged, and subject to modification hereafter by him, paragraphs (1) and (2) of said order of October 9, 1917, are cancelled and shall cease to be in effect, and in place thereof the following provisions shall be effective from the date hereof:

(1) Every producer of bituminous coal now under contract to furnish railroad coal to said Pennsylvania Railroad Company and its operated companies shall strictly in accordance with such contracts produce, sell, ship and distribute such bituminous coal to said company and its operated companies for their use as railroad coal, and shall ship and distribute such coal regularly each week when the mine or mines of such producer operate and ship, and so far as practicable in equal daily quantities regardless of other obligations, except as otherwise provided in other orders of the Fuel Administrator relative to providing an adequate supply of bituminous coal for railroad companies other than said company and its operated companies.

(2) The requirements of said company and its operated companies not obtained from the mines or producers referred to in and subject to the provisions of the preceding paragraph (1) shall be obtained as follows:

(a) The requirement with respect to all the lines of said company east of Altoona (including all its branches and the lines connecting east of said Altoona with its main line) shall be requisitioned from the mines located on the lines of said railroad upon its Tyrone division, Bellwood division, and that part of its Cresson division from which coal is moved east via the Bellwood division. Such requirement for said lines referred to in this sub-paragraph (a) shall be requisitioned from said mines in proportion to their capacity respectively as rated by the railroad company, crediting any mine with the amount, if any, furnished from it under contract, and adding to the proportional amounts to be requisitioned hereunder the aggregate of such credits.

(b) All coal requisitioned under this paragraph (2) shall be paid for at the going government price, subject however to any revision which may be made retroactively effective, but no jobbers' commissions are to be added to said price.

It is further ordered that a copy of this order shall be served upon the Pennsylvania Railroad Company and its operated companies named in said order of October 9, 1917, and upon each of the producers of bituminous coal located on the railroads of said companies.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Oct. 19, 1917, Effective Oct. 22, 1917, Relative to the Provision of an Adequate Supply of Bituminous Coal for Railroad Use of the Baltimore & Ohio Railroad Co. and its Operated Companies.

WASHINGTON, D. C., Oct. 19, 1917.

It appearing to the United States Fuel Administrator that under the present method of procuring for the use of the companies hereinafter named railroad coal not now under contract, and which under present conditions cannot now be contracted for, by the Baltimore & Ohio Railroad Company for the use of itself and its operated companies,-being the lines of railroad included in the Baltimore & Ohio Railroad System Operations and the lines of railroad of the Staten Island Railway Company and the Staten Island Rapid Transit Company, the Baltimore & Ohio Chicago Terminal Railroad Company and the Valley Railroad Company of Virginia (Hereinafter referred to collectively as "The Baltimore and Ohio Railroad Company 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 The Baltimore & Ohio Railroad Company and its aforesaid

operated companies is necessary for the national security and defense, for the efficient prosecution of the war, and to facilitate the movement of necessaries as defined in the Act of Congress hereinafter referred to,

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 from and after October 22nd, 1917, and until further order of the Fuel Administrator, but not exceeding the duration of the war, in which the United States is now engaged, and subject to modification hereafter by him, producers of bituminous operating mines (including mines hereafter opened or beginning or renewing operations) located on the lines of and served by the Baltimore & Ohio Railroad Company and its aforesaid operated companies shall produce, sell, ship and distribute bituminous coal to said The Baltimore & Ohio Railroad Company and its aforesaid operated companies for their use as railroad coal, upon the following plan:

(1) The percentage proportion which the aggregate requirement of said The Baltimore & Ohio Railroad Company and its aforesaid operated companies bears to the capacity of all such mines, as rated by the railroad, shall be ascertained, and each mine which is furnishing such or a greater percentage under contract shall, during the life of the contract, continue so to produce and sell such coal at the contract price, and shall ship and distribute such coal regularly each week when the mine operates and ships, and so far as practicable in equal daily quantities regardless of other obligations.

(2) The requirement not obtained from mines furnishing such or a greater percentage under the preceding paragraph (1) shall be requisitioned from the remaining mines at the going government price, subject however to any revision which may be made retroactively effective, in the percentage proportion that such remaining coal requirement of said The Baltimore & Ohio Railroad Company and its aforesaid operated companies bears to the capacity of such remaining mines, as rated by the railroad, subject, however, to the limitation that each mine under contract shall produce and sell not less than its contract obligation at the contract price, and shall ship and distribute all such coal regularly each week when the mine operates and ships, and so far as practicable in equal daily quantities, regardless of other obligations.

It is further ordered, that said The Baltimore & Ohio Railroad Company and its aforesaid operated companies shall not later than Saturday of each week, file with the undersigned a statement showing the tonnage of the coal which during the following week shall be requisitioned from each producer and mine upon the authority of this order; and shall post in the office of the car distributor for each district concerned, a copy of the statement so filed with the undersigned; and shall give notice to each producer from whom coal shall be requisitioned upon the authority of this order, showing the amount of coal which during the week following shall be requisitioned from each of such producer's mines;

It is further ordered, that this order for assuring an adequate and regular supply of bituminous coal for The Baltimore & Ohio Railroad Company and its aforesaid operated companies is hereby given priority, subject however to diversion and other regulation by the Fuel Administrator either generally or in any special case, over all and any contracts of any producer operating mines located on the lines aforesaid;

It is further ordered, that Clause 7 of the statement of the Fuel Administrator of 6 September, 1917 (Publication No. 5), relative to the effect of the President's proclamation of August 21st upon contracts made before that date, is hereby modified to the extent indicated in this order;

And it is further ordered, that a copy hereof shall be served upon the Baltimore & Ohio Railroad Company and its aforesaid operated companies and upon each of the

producers of bituminous coal located thereon, and named in the statement appended hereto and marked Exhibit 1.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Oct. 31, 1917, Effective Nov. 5, 1917, Relative to the Provision of an Adequate Supply of Bituminous Coal for Railroad Use of the Norfolk & Western Railway Co., and its Operated Companies.

WASHINGTON, D. C., October 31, 1917.

It appearing to the United States Fuel Administrator that under 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 Norfolk & Western Railway Company for the use of itself and its operated companies,-being the Williamson & Pond Creek Railroad Company and the Tug River & Kentucky Railroad Company (Hereinafter referred to collectively as "The Norfolk & Western Railway Company 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 The Norfolk & Western Railway Company and its aforesaid operated companies is necessary for the national security and defense, for the efficient prosecution of the war, and to facilitate the movement of necessaries as defined in the Act of Congress hereinafter referred to,

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 from and after November 5th, 1917, and until further order of the Fuel Administrator, but not exceeding the duration of the war, in which the United States is now engaged, and subject to modification hereafter by him, producers of bituminous coal operating mines (including mines hereafter opened or beginning or renewing operations) located on the lines of and served by the Norfolk & Western Railway Company and its aforesaid operated companies shall produce, sell, ship and distribute bituminous coal to said The Norfolk & Western Railway Company and its aforesaid operated companies for their use as railroad coal, upon the following plan:

(1) The percentage proportion which the aggregate requirement of said The Norfolk & Western Railway Company and its aforesaid operated companies bears to the capacity of such mines, as rated by the railroad, shall be ascertained, and each mine which is furnishing such or a greater percentage under contract shall, during the life of the contract, continue so to produce and sell such coal at the contract price, and shall ship and distribute such coal regularly each week when the mine operates and ships, and so far as practicable in equal daily quantities, regardless of other obligations.

(2) The requirement not obtained from mines furnishing such or a greater percentage under the preceding paragraph (1), shall be requisitioned from the remaining mines at the going Government price, subject however to any revision which may be made retroactively effective, in the precentage proportion that such remaining coal requirement of said The Norfolk & Western Railway Company and its aforesaid operated companies bears to the capacity of such remaining mines, as rated by the railroad, subject, however, to the limitation that each mine under contract shall produce and sell not less than its contract obligation at the contract price, and shall

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