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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,
14. Where coal has been confiscated by a railroad for its own use, it may be sold to the railroad by the owner thereof at the price at which it was consigned when confiscated, but at no higher price; provided however, that if the price at which it was consigned is above the price fixed by orders of the President and of the Fuel Administrator it shall be billed at the price so fixed, unless it is consigned in compliance with a bona fide contract enforceable at law, which was in existence when the price of such coal was fixed.
H. A. GARFIELD,
Order of the United States Fuel Administrator, Effective Jan. 2, 1918, Amending Para
graph 14 of Publication No. 9 of the United States Fuel Administration, Relative to Settlement for Coal Confiscated by Railroads. Ruling in Paragraph 14, Publication No. 9, is hereby amended to read as follows:
“Where coal has been confiscated by a railroad for its own use, it may be sold to the railroad by the owner thereof at the price fixed by the orders of the President and Fuel Administrator, which price may include the jobber's commission when the coal was owned by a jobber when confiscated, provided, however, that if the confiscated coal was purchased under a bona fide and enforcible contract entered into prior to August 21st, 1917, at a price higher than that fixed by the orders of the President and Fuel Administrator, then the railroad shall pay the owner of the coal the contract price plus the authorized jobber's commission where it is actually owned at the time of confiscation by a jobber.” Effective: January 2, 1918.
H. A. GARFIELD, United States Fuel Administrator.
Order of the United States Fuel Administrator of Oct. 10, 1918, Effective Oct. 10, 1918,
Amending the Amended Order Effective Jan. 2, 1918, Establishing a Regulation Concerning Coal Confiscated by a Railroad.
WASHINGTON, D. C., October 10, 1918. It appearing to the United States Fuel Administrator that the regulation in reference to the price permitted to be paid for coal confiscated in transit by a railroad should be modified.
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 14 of Publication No. 9, dated October 6, 1917, as amended by order effective January 2, 1918, be further amended so as to read as follows:
REGULATION CONCERNING COAL CONFISCATED BY A RAILROAD,
Where coal has been confiscated in transit by a railroad for its own use the railroad confiscating such coal may pay to the owner thereof the applicable Government mine price at date of confiscation, plus any transportation charges paid or advanced by,
or on behalf of such owner, and plus any purchasing agent's commission paid by said
H. A. GARFIELD,
By Cyrus GARNSEY, Jr.,
ORDERS AND REGULATIONS RELATING TO TIDEWATER SHIP
MENTS OF COAL.
Order of the United States Fuel Administrator of Nov. 6, 1917, Relative to Tidewater
Transshipment of Coal at Hampton Roads, Baltimore, Philadelphia and New York, and for the Employment of and Co-operation with the Tidewater Coal Exchange, as a common Agency to Facilitate Transshipment and to Reduce Delays in the use of Coal Cars and Coal Carrying Vessels.?
WASHINGTON, D. C., Nov. 6, 1917. It appearing to the United States Fuel Administrator that the production of coal intended for trans-shipment at the Tidewater ports of Hampton Roads, Baltimore, Philadelphia, and New York and ports near or usually considered as tributary to said ports is being restricted, and that the loading of coal-carrying vessels and the unloading of coal cars at such ports and the movement, arrival and return of such vessels and cars at and from such ports are congested and delayed, and that the shipment of coal from such ports is reduced in quantity, and that the distribution of coal to consumers in the territory tributary to the ports to which such coal is destined is less efficient, prompt, and reasonable than is necessary for the efficient prosecution of the war, and that delay is occasioned in the delivery of coal for vessels of the navy and transports of the army, by reason of the continuance of individual shipments of coal by various producers upon the lines of coal carrying roads having termini at the ports aforesaid, and of individual and distinct trans-shipments of such coal at such ports only to coal-carrying vessels specially chartered or designated for the trans-shipment thereat of such individual shipments, and that the objectionable
1 For other orders relating to the exportation of coal, see Chapter III, Title VI and Chapter III, Title II. 2 The subjoined memorandum was issued with the order of Nov. 6, 1917.
“The Tidewater Coal Exchange has been formally approved, and an order has been issued requiring all transhippers of coal at New York, Philadelphia, Baltimore and Hampton Roads to make shipments through this Exchange. The Exchange was organized sometime ago and practically all shippers to these points have been handling and making shipments through the Exchange, a few shippers remaining outside, which interferred with the successful operation of the Exchange, in that 100% efficiency could not be obtained, unless all shippers were members and handled the coal through this medium.
"The order will result in all shipments through these ports being handled through the medium of exchange, and it is estimated will result in increased production of approximately ten million tons per year, on account of the decrease in detention of cars at the ports and, therefore, an increased car supply to the mines,
"The Exchange will also serve another purpose, in that through this agency there will be available at the ports at all time, sufficient coal for emergency purposes for the Army and Navy requirements.
“The coals are classified according to grades, and the number of consignees has been reduced from ten hundred to fifty. Vessels have also been pooled at some of the ports and this, together with arrangements for bunkering in the stream, will accomplish quick unloading of the cars and, therefore, facilitate the loading of the vessels, resulting in the greatest efficiency of handling of coal at the ports so necessary in this emergency."
conditions aforesaid can be largely eliminated and the production, shipment, and distribution of coal from said ports both for the army and navy and for consumers in the territories aforesaid can be hastened and improved by the employment of and co-operation with a common agency at each trans-shipment port in the manner and with the powers hereinafter provided, and that such employment of and co-operation with a common agency is essential to the national security and defense, for the successful prosecution of the war, and for the support and maintenance of the army and navy, and to assure an adequate supply and equitable distribution, and to facilitate the movement, and to prevent locally or generally scarcity of coal.
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 at any time and from time to time, the following rules are established for the regulation, to the extent hereinafter provided, of the method of production, sale, shipment, distribution, apportionment, and storage of bituminous coal for trans-shipment at the ports aforesaid:
(1) Every shipper of bituminous coal for trans-shipment at any one of the ports at Hampton Roads, Baltimore, Philadelphia, and New York and ports near or usually considered as tributary to said ports, shall on and after November 11, 1917, consign all such shipments of coal to the Tidewater Coal Exchange so called, of which Rembrandt Peale is the Commissioner. Such shipments and consignments shall be made by each such shipper in accordance with and subject to the provisions of the existing Tidewater Coal Exchange rules in the same way to the same extent, and with the same rights and liabilities respecting such shipments, and the trans-shipment and delivery of the coal included therein, as under the terms of said rules apply to members of said Tidewater Coal Exchange, but no such shipper subject to this order shall be required by reason of anything herein to become a member of said Tidewater Coal Exchange. I copy of said rules is annexed to this order and hereby referred to.' Wherever said rules refer or mention a “member" or "members of said Tidewater Coal Exchange, said terms shall with respect to this order and shippers subject hereto be deemed to mean a shipper or shippers of coal who are subject to this order; and wherever the "effective date" of the Exchange or of said rules is referred to therein, such reference shall be deemed, with respect hereto and to the shippers subject hereto, to refer to the effective date of this order.
(2) Bituminous coal consigned under the provisions of this order shall be graded and classified in accordance with “Exhibit B” Consigning Pool Numbers, referred to in said rules of the Tidewater Coal Exchange, as modified, cancelled or superseded by the provisons of Classification C, dated July 15, 1917, Classification D, dated July 17, 1917, Classification E, dated July 19, 1917, and Classification F, dated July 27, 1917, and in accordance with the provisions of said Classifications C to F inclusive, wherever applicable, copies of which and of said “Exhibit B" are on file with this order in the office of the United States Fuel Administrator for inspection by any shipper subject hereto. Changes in said classification shall not be made against the objection of any shipper subject hereto except after approval of such changes by the United States Fuel Administrator. Upon application from any shipper subject hereto, the representative of the United States Fuel Administrator appointed under the provisions of paragraph (3) of this order is directed to furnish copies of said “Exhibit B" and said classification C to F to such shipper.
I See infra immediately following this order.
(3) Said Rembrandt Peale, commissioner of said Tidewater Exchange, is hereby designated and appointed as the representative of the Fuel Administrator to carry out the provisions of this order with power to appoint deputies representing him as such representative of the United States Fuel Administrator at any one or all of the ports aforesaid; and in case of any disagreement or controversy between any shipper subject to the provisions hereof and said commissioner with respect to any shipment or trans-shipment of coal or other matter arising under this order, or if any decision under rule No. 15 of the said Tidewater Coal Exchange Rules hereto annexed, which would be final as to any member of said Exchange, is unsatisfactory to any shipper subject to the provisions hereof, such shipper may appeal to the United States Fuel Administrator.
(4) No change shall be made in said rules of the Tidewater Coal Exchange above referred to, a copy of which is annexed to this order, and no additional rules shall be adopted affecting shippers subject to this order, without first receiving the approval of the United States Fuel Administrator.
(5) No change shall be made in the membership of the Executive committee of said Tidewater Exchange except with the approval of the United States Fuel Administrator so long as this order is in effect.
(6) Any shipper subject to the provisions of this order may at any time apply to the United States Fuel Administrator for suspension or termination of this order upon the ground that its continuance is no longer essential to the national security and defense and for the successful prosecution of the war in which the United States is at present engaged.
(7) A copy hereof shall be served upon each of the railroad or railway companies and upon each of the producers of bituminous coal named in the list marked “Exhibit 1 to the Tidewater Coal Exchange Trans-shipment Order of the United States Fuel Administrator dated November 6, 1917.”
H. A. GARFIELD, United States Fuel Administrator.
Tidewater Coal Exchange Rules, Annexed to, and Referred to, in the Order of the United
States Fuel Administrator of Nov. 6, 1917, Relative to Tidewater Transshipment of Coal.
1. All bituminous coal for trans-shipment at tidewater ports shall be graded as to kinds, and classified as to designated consigning pools under the direction of the Executive Committee elected at the meeting of bituminous coal shippers held in Philadelphia on June 4th, 1917. The grades and classifications to conform to Exhibit B, which shows the pool numbers authorized by the Executive Committee. The Executive Committee may, after due hearing, amend the rules.
Any tidewater coal shipper or consignee may become a member of the Exchange upon furnishing references which will meet with the approval of the Executive Committee; and by subscribing to agreements providing for the handling of his (or its) coal in conformity with regulations governing the exchange or tidewater coal.
(2) Shipping instructions and railroad waybills (revenue and memorandum) shall give the Tidewater Coal Exchange as the consignee; shall show the proper pool number as per Exhibit B, and for whose account shipped. Example: “Tidewater Coal Exchange, Pool 30, account Westmoreland Coal Company.”'
(3) Each member of the Exchange shall provide that each mine operator shipping bituminous coal for his account to the Exchange shall prepare and forward daily by United States mail to the Exchange office at destination port a report on Form 1, showing the initials and number of all cars shipped, with necessary details.
(4) Members shall report to the Exchange office at destination port daily at a designated hour the names of the vessels which they have chartered for loading for their
accounts with the tonnage and pool number of the coal to be loaded into each and the probable arriving time of the vessels at the coal pier. If the vessel is loaded, the commodity should be given.
(5) Carriers will send to the Exchange office at destination port, daily, report on Form 2, or copies of scale sheets, showing weight and other information in connection with shipments, and will also report corrections in billing involving weights.
(6) Carriers will send to the Exchange office at destination port, weekly, report on Form 3, showing reconsignment of shipments from or to the Exchange.
(7) Carriers will report daily, except Sundays and holidays, to the Exchange office at destination port, on Form 4, the number of cars of each pool number at the port and en route, and the approximate time of arrival in twenty-four hour periods.
(8) The Exchange shall issue to each carrier a daily report or reports showing the conditions at each of its tidewater terminals, which reports shall be niade on Bulletin Form 7, showing the number of tons of coal reported shipped to date, unloaded into vessels to date, and the standing of each member in each designated consigning pool. This bulletin shall be accompanied by vessel situation report on Form 8. The Exchange shall likewise report daily to each member thereof on Form 9 the tonnage added to or deducted from his account.
(9) The assignment of coal to members shall be authorized by the Exchange and no assignment shall be made in excess of the tonnage which such member or members have in the designated consigning pool.
No member shall be entitled to any coal from a designated consigning pool when the accounts indicate that the member has overdrawn from that pool, unless due to some extraordinary conditions the Commissioner may deem an exception advisable.
This shall not prevent a member from borrowing coal in the pool from any other member having a credit, but such transactions must be between individual members and authorized by them to the Commissioner in writing.
(10) When differences between the tonnage of coal shipped by a member and the tonnage of coal dumped into vessels for his account exist and the differences cannot be adjusted either by additional shipments or exchange of coal, the Executive Committee shall name a price to the Commissioner of the Exchange for the tonnage involved, and the Commissioner shall authorize such debits or credits as may be necessary to properly adjust the differences.
(11) In some instances, coal originating in different fields will be shipped to tidewater ports under one pool number but under different transportation rates. Adjustments between members of the Exchange handling the cargo or bunker coal necessitated by such differences shall be made under the direction of the Commissioner.
(12) The account of a member in one designated consigning pool shall not have any bearing on his account in another pool at the same port or other ports. Members, however, shall be permitted to offset overdrafts of one pool with shipments made to the same pool at another port subject to the approval of the Commissioner.
(13) Failure of a member to provide vessels in which to transport coal from any port shall constitute the basis for the issuance of embargoes prohibiting the forwarding of shipments of coal from mines for his account. No one who has been so embargoed shall be permitted to ship coal to any designated consigning pool until he has given satisfactory evidence to the Commissioner that he has made proper arrangements for vessels.
(14) The Exchange shall sign the average demurrage agreement with each carrier at each port. In the application of car demurrage rules, each carrier shall treat each port at which cargo or vessel fuel coal may be unloaded from cars to vessels, separately; and shall include all coal unloaded from cars into vessels in one demurrage account.
Each carrier shall render bill against the Exchange at the close of each calendar month covering all demurrage accruing during the month, and upon receipt of this