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 as indicated in this order.

And it is further ordered that a copy hereof shall be served upon the Erie Railroad Company and its aforesaid operated companies, upon each of the producers of bituminous coal under contract to furnish railroad coal to said Erie Railroad Company and its aforesaid operated companies, and upon each of the railroad companies upon which are located and by which are served the mines under contract to furnish railroad coal to said Erie Railroad Company and its aforesaid operated companies, all as named in the statement filed herewith in the office of the United States Fuel Administrator and entitled "Statement of Coal Contracts entered into by the Erie Railroad Company and its operated companies, Chicago and Erie Railroad Company, New York, Susquehanna and Western Railroad company and New York, and New Jersey Railroad Company, Exhibit 1," dated February 11, 1918.

H. A. GARFIELD,

United States Fuel Administrator.

Order of the United States Fuel Administrator of Mar. 4, 1918, Effective Mar. 11, 1918, Relative to the Provision of an Adequate Supply of Bituminous Coal for Railroad Use of the New York, Ontario & Western Railway Company.

WASHINGTON, D. C., March 4th, 1918.

It appearing to the United States Fuel Administrator that under the present method of procuring coal now under contract for the use of the New York, Ontario and Western Railway Company, there results a delay in the shipment and supply of such coal, 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 New York, Ontario & Western Railway 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 on and after March 11th, 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, producers of bituminous coal now under contract to furnish railroad coal to said New York, Ontario & Western Railway Company, shall, strictly in accordance with such contracts, produce, sell, ship, and distribute such bituminous coal to said New York, Ontario & Western Railway Company for its use as railroad coal, and shall further ship and distribute such coal regularly each week when the mines of such producer operates and ships, and so far as practicable, in equal daily quantities.

It is further ordered, that said New York, Ontario & Western Railway Company shall, not later than Saturday of each week, file with the undersigned a statement (Marked "Attention Transportation Department") showing the tonnage of the coal which during the following week shall be shipped by each producer and mine upon the authority of this order, and shall give notice to each producer by whom coal shall be required to be shipped upon the authority of this order, showing the amount of coal which during the week following shall be shipped from each of such producer's mines; and that said New York, Ontario and Western Railway Company shall, not later than Monday in each week, file with each railroad upon which the mine or mines

of any producers of bituminous coal under contract to furnish railroad coal to said New York, Ontario and Western Railway Company are situated, a statement showing the tonnage of the coal which during the following week shall be shipped, upon the authority of this order, by each such last described producer and mine.

It is further ordered, that this order for assuring an adequate and regular supply of bituminous coal for the New York, Ontario and Western Railway Company is hereby given priority, subject, however, to diversion and other regulations by the Fuel Administrator, either generally or in any special case, over all and any obligations of such producers, according to the following rules, and subject further to the condition that said New York, Ontario and Western Railway Company shall, in the absence of agreement between the affected common carriers to the contrary, furnish to the mine or mines required hereby to produce, sell, ship and distribute such bituminous coal for the use of said New York, Ontario and Western Railway Company all the cars required by said mine or mines for the transportation of said coal:

(1) Where the entire output of a mine or mines is under contract to said New York, Ontario and Western Railway Company such mine or mines shall, in accordance herewith, continue to furnish such entire output to said New York, Ontario and Western Railway Company, and shall be relieved from any orders of the undersigned heretofore issued, requisitioning any part of said output for the use of the railroad upon which the mine is located and by which it is served.

(2) Where the partial output of a mine or mines is under contract to said New York, Ontario and Western Railway Company, such mine or mines shall, in accordance herewith, continue to furnish such partial output to said New York, Ontario & Western Railway Company, but secondary to any output of such mine or mines which may be furnished under contract and in priority to any output of such mine or mines which might otherwise be requisitioned, upon order of the undersigned heretofore issued, for the use of the railroad upon which the mine is located and by which it is served.

(3) Any order heretofore issued by the undersigned relative to a supply of railroad coal for the use of any railroad upon which the mine or mines of a producer of bituminous coal now under contract to furnish rail-coal to said New York, Ontario & Western Railway Company are situated, insofar as such order authorizes the requisition of coal from such mine or mines for the use of the railroad upon which the same are situated, is hereby modified to the following extent: The total amount of coal to be requisitioned under such order shall upon and after said March 11th, 1918, be apportioned in the same manner as if all contracts for the supply of railroad coal to said New York, Ontario and Western Railway Company from mines upon the line of the railroad in favor of which such order was issued were contracts for the supply of railroad coal to the railroad referred to in such order.

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 as indicated in this order.

And it is further ordered that a copy hereof shall be served upon the New York, Ontario and Western Railway Company, upon each of the producers of bituminous coal under contract to furnish railroad coal to said New York, Ontario & Western Railway Company, and upon each of the railroad companies upon which are located, and by which are served the mines under contract to furnish railroad coal to said New York, Ontario & Western Railway Company, all as named in the statement filed herewith in the office of the United States Fuel Administrator, and marked "Exhibit One, Request for Priority Order for Company Fuel, New York, Ontario & Western Railway Company."

H. A. GARFIELD,

United States Fuel Administrator.

Order of the United States Fuel Administrator of Mar. 5, 1918, Effective Mar. 18, 1918, Relative to the Provision of an Adequate Supply of Bituminous Coal for Railroad Use of the New York Central Railroad Co.

WASHINGTON, D. C., March 5, 1918.

It appearing to the United States Fuel Administrator that, under the present method of procuring coal, now under contract from certain producers, for the use of the New York Central Railroad Company, there results a delay in the shipment and supply of such coal, and a danger of interference with commercial coal distribution; and that an adequate and regular supply of bituminous coal for use as railroad fuel by said New York Central Railroad Company 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 March 18, 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, the producers of bituminous coal named in the statement hereto annexed and marked "Exhibit 1 to New York Central Railroad fuel order of March 5, 1918," and now under contract to furnish railroad coal to said Railroad Company shall, strictly in accordance with such contracts, produce, sell, ship, and distribute such bituminous coal to said Railroad Company for its use as railroad coal and shall further ship and distribute such coal regularly each week when the mine of such producer operates and ships, and so far as practicable in equal daily quantities.

It is further ordered, that said New York Central Railroad Company shall, not later than Saturday of each week, file with the undersigned a statement, marked "Attention Transportation Department," showing the tonnage of the coal which during the following week shall be shipped by each producer and mine upon the authority of this order, and shall give notice to each producer by whom coal shall be required to be shipped upon the authority of this order, showing the amount of coal which during the week following shall be shipped from each of such producer's mines; and that said. New York Central Railroad Company shall, not later than Monday in each week, file with each railroad upon which the mine or mines of any producers of bituminous coal under contract to furnish railroad coal to said New York Central Railroad Company are situated, a statement showing the tonnage of the coal which during the following week shall be shipped, upon the authority of this order, by each such last described producer and mine.

It is further ordered, that this order for assuring an adequate and regular supply of bituminous coal from the producers aforesaid for the New York Central Railroad Company 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 obligations of such producers, according to the following rules, and subject further to the condition that said New York Central Railroad Company shall, in the absence o agreement between the affected common carriers to the contrary, furnish to the mine or mines, required hereby to produce, sell, ship and distribute such bituminous coal for the use of said New York Central Railroad Company, all the cars required by said mine or mines for the transportation of said coal:

(1) Where the entire output of a mine or mines subject to the provisions of this order is under contract to said New York Central Railroad Company such mine or mines shall, in accordance herewith, continue to furnish such entire output to said New York Central Railroad Company, and shall be relieved from any orders of the under92082-19-26

signed heretofore issued, requisitioning any part of said output for the use of the railroad upon which the mine is located and by which it is served.

(2) Where the partial output of a mine or mines is under contract to said New York Central Railroad Company such mine or mines shall, in accordance herewith, continue to furnish such partial output to said New York Central Railroad Company, but secondary to any output of such mine or mines which may be furnished under contract, and in priority to any output of such mine or mines which might otherwise be requisitioned upon order of the undersigned heretofore issued, for the use of the railroad upon which the mine is located and by which it is served.

(3) Any order heretofore issued by the undersigned relative to a supply of railroad coal for the use of any railroad upon which the mine or mines of any producer, subject to this order, of bituminous coal and now under contract to furnish railroad coal to said New York Central Railroad Company are situated, in so far as such order authorizes the requisition of coal from such mine or mines for the use of the railroad upon which the same are situated, is hereby modified to the following extent. The total amount of coal to be requisitioned under such order shall after said March 18th, 1918, be apportioned in the same manner as if all contracts, subject to the provisions hereof, for the supply of railroad coal to said New York Central Railroad Company from mines upon the line of the railroad in favor of which such order was issued were contracts for the supply of railroad coal to the railroad referred to in such order.

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 New York Central Railroad Company, upon each of said producers of bituminous coal under contract to furnish railroad coal to said New York Central Railroad Company, and upon each of the railroad companies upon which are located and by which are served the mines under such contract to furnish railroad coal to said New York Central Railroad Company, all as named in the statement filed herewith in the office of the United States Fuel Administrator and marked "Exhibit 1 to New York Central Railroad Company order of March 5th, 1918."

H. A. GARFIELD,

United States Fuel Administrator.

Order of the United States Fuel Administrator of Sept. 30, 1918, Vacating and Setting Aside the various Orders Relating to more Adequate Supplies of Fuel for certain Railroads.

WASHINGTON, D. C., September 30, 1918. The United States Fuel Administrator, acting under the 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 dated October 9, 1917, relating to a supply of fuel for the Pennsylvania Railroad and the amendment thereto dated February 9, 1918, the order dated October 19, 1917, relating to a supply of fuel for the Baltimore & Ohio Railroad, the order dated October 31, 1917, relating to a supply of fuel for the Norfolk & Western Railroad, the order dated November 16, 1917, relating to a supply of fuel for the Chesapeake & Ohio Railroad, the order dated November 16, 1917, relating to a supply of fuel for the Lehigh Valley Railroad, the order dated November 23, 1917, relating to a supply of fuel for the Maine Central Railroad, the order dated November 23, 1917, relating to a supply of fuel for the New York, New Haven & Hartford Railroad, the order dated November 30, 1917, relating to a supply of fuel for the Southern Railway and the amendment thereto dated January 3, 1918, the order dated December 21, 1917, relating to a supply of fuel for the Pere Marquette Railroad, the

order dated December 21, 1917, relating to a supply of fuel for the Seaboard Air Line Railroad, the order dated December 21, 1917, relating to a supply of fuel for the Alabama & Vicksburg Railway and Vicksburg, Shreveport & Pacific Railway, the order dated December 21, 1917, relating to a supply of fuel for the Atlantic Coast Line Railroad, the order dated Januray 12, 1918, relating to a supply of fuel for the Augusta Southern Railroad and the Georgia & Florida Railway, the order dated January 12, 1918, relating to a supply of fuel for the Georgia Southern & Florida Railway, Hawkinsville & Florida Southern Railway, St. Johns River Terminal Railway and Macon & Birmingham Railway, the order dated January 12, 1918, relating to a supply of fuel for the Norfolk Southern Railroad, the order dated January 15, 1918, relating to a supply of fuel for the Delaware & Hudson Railroad, the order dated January 15, 1918, relating to a supply of fuel for the Louisville & Nashville Railroad, the order dated January 19, 1918, relating to a supply of fuel for the Wabash Railroad, the order dated January 21, 1918, relating to a supply of fuel for the Bangor & Aroostook Railroad, the order dated February 11, 1918, relating to a supply of fuel for the Erie Railroad, the order dated March 4, 1918, relating to a supply of fuel for the New York, Ontario & Western Railroad, and the order dated March 5, 1918, relating to a supply of fuel for the New York Central Railroad, be and each of said orders is hereby vacated and set aside, as of October 14, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Section 2.-Orders and Regulations Governing the Basis of Settlement for Coal Confiscated by Railroads.1

Order of the United States Fuel Administrator of Oct. 6, 1917, Issued as Paragraph 14 of Publication No. 9 of the United States Fuel Administration, Relative to Settlement for Coal Confiscated by Railroads.

WASHINGTON, D. C., 6 October, 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

1 The following general rulings interpreting the orders fixing the basis of settlement for coal confiscated by a railroad have been made. They are nevertheless subject, as to particular shipments, to any excep. tion that may have been, or may be made by the United States Fuel Administration, interpreting the orders in the light of the particular facts:

1. The order contained in Paragraph 14 of Publication #9, dated October 6, 1917, applies to the settlement of all coal confiscated prior to January 2, 1918; and the amendment of that date to the aforesaid Paragraph applies to all coal confiscated on and after January 2, 1918.

2. Coal confiscated by a railroad after November 16, 1917, while moving to a Governmental Agency, shall be settled for upon the basis of the Government price existing at the time of confiscation and not subject to revision.

3. No jobber's margin shall be added to the consigned price for the settlement of coal confiscated prior to January 2, 1918, unless the same was included in the price at which the coal was consigned.

4. No purchasing agent's commission or retail dealer's margin may be charged in arriving at the basis of settlement for any coal confiscated between April 1, 1918, and October 10 1918. Where coal confiscated after January 2, 1918, and prior to April 1, 1918, or after October 10, 1918, was owned by a retail dealer at the time of confiscation, such retail dealer may recover in addition to the consigned or Government price a retail dealer's margin or profit but not to exceed 15 cents per net ton.

5. Railroads confiscating coal shall be liable for all war taxes charged against the particular shipments of coal confiscated.

6. Coal confiscated by a railroad shall be settled for with the owner of the coal at the time of confiscation and not with the shipper, when the coal is sold f. o. b. mines.

7. Where smithing coal has been confiscated by a railroad prior to February 15, 1918, settlement may be made on the basis of the price at which the same was consigned when confiscated. Where smithing coal has been confiscated by a railroad on and after February 15, 1918, settlement shall be made on the basis of the Government price for smithing coal existing at the time of confiscation.

8. The sum of 15¢ shall not be added as a "re-handling" or "re-billing" charge in arriving at the basis of settlement for confiscated coal, except when the coal, at the time of confiscation, is moving under a diversion order of this Administration, in accordance with the order of January 14, 1918, in which case settle ment is to be made directly by the railroad with the shipper.