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REGULATION RELATIVE TO THE METHOD OF PRODUCTION, SALE, SHIPMENT, DISTRIBU

TION AND APPORTIONMENT OF COAL AND COKE AMONG DEALERS AND CONSUMERS, TO ASSURE A MORE ADEQUATE SUPPLY THEREOF FOR GOVERNMENTAL PURPOSES AND FOR CONSUMERS FURNISHING SERVICES OR COMMODITIES ESSENTIAL TO THE PROSECUTION OF THE WAR.

Every producer (which term includes any person, firm or corporation operating as owner, lessee, or purchaser of the entire output of a coal mine, and every person, firm, or corporation manufacturing coke) is hereby required to sell, ship and distribute from the coal or coke produced by him such quantity of coal or coke to such person, firm or corporation as may, at any time and from time to time be designated in an order to such producer by the United States Fuel Administrator, or by his representatives in Washington in control of distribution and apportionment of coal and coke, or by any district representative of the Fuel Administration now or hereafter appointed by the United States Fuel Administrator as his representative in any coal or coke-producing district. If the coal or coke so ordered to be shipped is to a consignee with whom the producer has an existing bona fide contract, enforceable at law, and constitutes a portion of the tonnage covered by such contract, such portion of the quantity, so ordered to be shipped, as the purchaser may be entitled to demand under the terms of such contract shall be shipped at the price provided in such contract, and the balance of such quantity, and in all other cases the entire quantity, of the coal or coke so ordered to be shipped shall be shipped and sold by the designated producer, at the government price fixed therefor and in effect at the date of the shipment thereof. Compliance by the producer with any order as aforesaid shall take precedence over all contract obligations of the producer inconsistent or conflicting with such order, and to the extent necessary for compliance with any such order, Clause 7 of the statement of the Fuel Administrator of 6 September, 1917 (Publication #5), relative to the effect of the President's proclamation of August 21, 1917, relating to bituminous coal, and of the President's proclamation of August 23, 1917, relative to anthracite coal, upon contracts made before said dates respectively is hereby modified with respect to any such contracts which might otherwise interfere with full compliance with any orders issued under this regulation to any producer of coal or coke.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of June 12, 1918, Relative to Coal Consigned or Diverted to the New England Fuel Administrator.

WASHINGTON, D. C., June 12, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign or to divert bituminous or anthracite coal to the New England Fuel Administrator for distribution by him among consumers,

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 pur. pose of said Executive Orders and of the Act 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 at any time and from time to time,

The New England Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively in the New England states as in his judgment may from time to time be in need thereof and occupied in the conduct of such industrial activities or of such public utilities as are essential to the national security and defense, for the successful prosecution

of the war, and for the maintenance of the efficiency of the people in any of such New England states or any part thereof, in performing their part in the conduct of the war.

In making such resale and distribution said New England Fuel Administrator shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of.

In connection with such distribution said New England Fuel Administrator is authorized to use and employ the services of such persons and agents as he may from time to time select and to make or authorize to be made in the resale and distribution of such coal a charge of not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating as of Nov. 21,

1918, the Order of June 12, 1918, Relative to Coal Consigned or Diverted to the New England Fuel Administrator.

WASHINGTON, D. C., November 20, 1918. The United States Fuel Administrator, acting upon 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 June 12, 1918, entitled “Order Relative to Coal Consigned or Diverted to the New England Fuel Administrator,” be, and the same hereby is, vacated and set aside as of November 21, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of June 13, 1918, Relative to Coal Consigned or Diverted to, by, or through the Maryland Fuel Administrator."

WASHINGTON, D. C., June 13, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign coal to, or to divert coal to, by, or through, the Maryland State Fuel Administrator for distribution by him among customers and dealers,

The United States uel Administrator, acting under authority of an Executive Order of the President of the United States, dated 23 August, 1917, appointing said

i The following rulings interpreting the Maryland order of June 13, 1918, have been made:

1. This order specifically refers to and covers only coal requisitioned and consigned or diverted to and received by the Maryland State Fuel Administrator and does not apply to coal that may be ordered by the Maryland State Fuel Administrator for shipment direct to consignees other than the Maryland State Fuel Administrator.

2. Where the Maryland State Fuel Administrator requisitions coal for a consumer and such consumer advises the Maryland State Fuel Administrator that he desires that this coal be supplied him through a given Purchasing Agent, the Maryland State Fuel Administrator will give consignment in requisition to District Representative nothing theron that invoice should be sent to Purchasing Agent named by consumer.

3. In order that proper consignments may be made to cover requisition as above (Clause 2) shipping instructions to District Representatives should read as per following example:

The Blank Manufacturing Company,
Care John Doe, Purchasing Agent,

Blanksville, Md., it being understood that the Maryland State Fuel Administrator will satisfy himself that such Purchasing Agent is the accredited representative of the consumer.

4. The Maryland State Fuel Administrator will send requisitions for emergency coal to the District Representatives as usual and in the event of any misunderstanding with said District Representatives which cannot be immediately cleared up satisfactorily, the Maryland State Fuel Administrator will reser sime to the Director of State Distribution at Washington,

Administrator, and of subsequent Executive Orders, and in furtherance of the purpose of said Executive 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 at any time and from time to time:

1. That coal consigned to, or diverted to, by, or through the State Fuel Administrator of Maryland at or west of the Cumberland Gateway is not "diverted coal" within the meaning of the order of the Fuel Administration of January 14th, 1918 (Publication No. 14), and shippers of such coal are not entitled to collect the 15 cents per ton permitted by said order as a re-handling charge.

2. That the Maryland State Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively in the State of Maryland as in his judgment may from time to time be in need thereof and occupied in the conduct of such industrial activities or of such public utilities as are essential to the national security and defense, for the successful prosecution of the war, and for the maintenance of the efficiency of the people in the State of Maryland or any part thereof, in performing their part in the conduct of the war. In making such resale and distribution, the State Fuel Administrator of Maryland shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of. In connection with such distribution, said Maryland State Fuel Administrator is authorized to use and employ the services of such persons and agents as he may from time to time select and to make or authorize to be made in the resale and distribution of such coal a charge of not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him. This order shall become effective at 7 A, M., on the 15th day of June, A. D. 1918.

H. A. GARFIELD,
United States Fuel Administrator,

By Cyrus GARNSEY, Jr.,
Assistant United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating as of Nov. 21,

1918, the Order of June 13, 1918, Relative to Coal Consigned To or Diverted To, By, or Through the Maryland Fuel Administrator.

WASHINGTON, D. C., November 20, 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 June 13, 1918, entitled "Order Relative to Coal Consigned to, or Diverted to, by, or through, the Maryland Fuel Administrator," be, and the same hereby is, vacated and set aside as of November 21, 1918.

H. A. GARFIELD, United States Fuel Administrator.

1

Order of the United States Fuel Administrator of September 19, 1918, Effective 7 a. m.

Sept. 20, 1918, Establishing Regulations Requiring the Prompt Acceptance and Unloading of Coal or Coke Shipped Under Orders of the United States Fuel Administration.

It appearing to the United States Fuel Administrator that certain concerns at whose request, and for whom, coal and coke is obtained by the United States Fuel Administration are failing to accept and unload such coal and coke promptly upon arrival, and that as a result of this practice the railroad equipment containing such coal and coke is kept out of operation,

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 makes and establishes the following Regulation effective September 20, 1918, at 7 a. m. until further or other order in the premises:

REGULATIONS REQUIRING THE PROMPT ACCEPTANCE AND UNLOADING OF COAL OR

COKE SHIPPED UNDER ORDERS OF THE UNITED STATES FUEL ADMINISTRATION.

SECTION I. Every person, firm, association or corporation for whom coal or coke has been requisitioned, diverted or reconsigned by the United States Fuel Administrator or by his representatives in Washington in control of distribution and apportionment of coal and coke, or by any district representative of the Fuel Administration now or hereafter appointed by the United States Fuel Administrator as his representative in any coal or coke producing district, or by any State Fuel Administrator, shall accept and unload such coal or coke promptly upon receiving notice of its arrival at destination and shall also promptly assume and pay all transportation charges accrued thereon.

SECTION II.

Whoever knowingly violates or refuses to conform to Section I of this regulation
will be subject to the penalties prescribed in the Food and Fuel Control Act.
The above regulation promulgated this 19th day of September, 1918.

H. A. GARFIELD,
United States Fuel Administrator.

Subsection B.-Orders Relating to the Basis of Settlement for Coal Diverted and

Requisitioned.

Order of the United States Fuel Administrator of Jan. 14, 1918, Effective 7 a. m., Jan. 15, 1918, Relative to the Price to Be Paid for Coal by the Divertee in case of Diversion.

WASHINGTON, D. C., January 14, 1918. All shipments of coal, whether f. o. b. mines or otherwise, and all shipments of coke f. o. b. ovens or at place of storage or otherwise shall be made subject to the diversion of such coal or coke by the United States Fuel Administrator or any persons

i The follo:ving general rulings interpreting the orders fixing the basis of settlement for diverted and requisitioned coal have been made. They are nevertheless subject, as to particular shipments, to any exception that may have been, or inay be made by the United States Fuel Administration, interpreting the orders in the light of the particular facts.

1. The order dated February 13, 1918, shall apply to all diversions of bituminous coal shipped from the mines prior to January 15, 1918, and the order dated January 14, 1918, shall apply to all settlements for diverted coal which had been shipped from the mines on and after January 15, 1918.

2. The owner of the coal at the time of diversion, when the coal was diverted prior to January 15, 1918, shall be entitled to elect the mode of settlement, in accordance with the terms of the order of February 13,

acting under his authority, to any persons or consumers, and for any of the purposes heretofore or hereafter authorized by him. The title of the purchaser, consignee, or consumer, in the case of any such shipments of coal or coke, which by custom or law might become vested at the time and place of such shipment, shall from and after the effective date hereof be subject to the condition that the coal or coke so shipped may be diverted as aforesaid, and that in case of any such diversion, the title and interest of such purchaser, consignee, or consumer with respect to any coal or coke so diverted shall be completely divested and terminated and his liability to pay therefor shall cease. The person or consumer to whom any such coal or coke is diverted shall become liable as of the time of such diversion to pay to the shipper thereof the price in force at the date of shipment as fixed therefor by or under authority of the President of the United States, plus transportation charges thereon and plus a handling charge of 15 cents a net ton to cover costs of rebilling, collection, and replacement. If such handling charge is made, no jobber's commission shall be added to the mine's price. If the coal or coke so diverted was shipped under a valid and enforcible contract, the quantity thereof so diverted shall not be charged against the amount to which the contract applied. Effective at 7 a. m., on January 15, 1918.

H. A. GARFIELD, United States Fuel Administrator.

1918, and the election shall not be made by the divertee. If replacement is not satisfactory to the owner of the coal so diverted, then the divertee may not insist upon settlement in that manner.

3. Settlements for coal diverted to a Governmental Agency, on shipments from the mines on and after January 15, 1918; and on shipments prior to January 15, 1918, not under contracts enforceable at law as of August 21, 1917, shall be made upon the basis of the Government price in force at the date of shipment, not subject to revision.

4. By the order of January 14, 1918, the original consignee of coal shipped on and after January 15, 1918, is completely divested of all title at the time of diversion, and the settlement for such diverted coal shall be made by the divertee to the shipper.

5. Neither the order of January 14, 1918, nor the order of February 13, 1918, justifies the addition of a purchasing agent's commission in arriving at the basis of settlement for coal diverted; but no objection will be raised is an arrangement is entered into between the shipper and the licensee whereby the 16¢ handling charge shall be paid to the licensee and not to the shipper, provided the licensee renders the services contemplated by the order of January 14, 1918.

6. Freight, war taxes thereon, and demurrage charges, if any, on diverted coal shall be paid by the divertee at whose request the diversion was made.

7. Coal may be sold by one consumer to another at the price at which the first consumer purchased the coal, plus re-consigning charges, provided no profit is made by either party to the transaction, directly or indirectly.

8. Coal requisitioned for a Governmental Agency between August 21, 1917, and March 31, 1918, may be settled for on the basis of the Government price in effect March 31st, if the order requisitioned provides for a revision. Coal requisitioned for a consumer or handler other than a Governmental Agency between August 21, 1917, and November 16, 1917, may be settled for on the basis of the Government price in effect on March 31, 1918.

9. Coal requisitioned by a railroad under the railroad orders, from a mine with which it has no contract, shall be settled for upon the basis of the Government price existing at the time of requisition, not subject to revision, except as to such coal shipped prior to November 16, 1917, with the stipulation that settlement shall be made at the Government price subject to revision.

10. Coal which has been consigned before waybill is delivered to the railroad shall be settled for at the Government price, not subject to revision, plus freight charges from the mines to the point of diversion.

11. Settlement for coal shipped from a Government emergency pile shall be on the basis of the actual cost, which may include an item for contingent expenses.

12. None of the Government prices are retroactive and the only cases where there may be a re-billing because of an increase in Government price are those where the shipper has complied with the terms of Paragraph 4 of Publication $5 and the amendment of November 16, 1917, with the exception in favor of the U.S. Government, including U. S. Transport Service and the Emergency Fleet Corporation, and the order of March 27, 1918. To be entitled to the revision provided in said orders, the coal must actually have been invoiced at the Government price, subject to revision, or it must have been mutually understood between the shipper and the consignee that the price was subject to any possible revision by the Government.

See also Chap. III, Title IX, Sec. 2, License rules 28 to 32 inclusive.

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