Order of the United States Fuel Administrator of Nov. 20, 1918, Effective Nov. 21, 1918, Vacating the Order of Jan. 14, 1918, Relative to the Basis of Settlement for Diverted Coal so far as Said Order Authorizes a Rehandling Charge of Fifteen Cents per ton.

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 January 14, 1918, entitled "Regulation established by the President of the United States acting through the undersigned Fuel Administrator relative to the sale, shipment, distribution, and apportionment of coal and coke among dealers and consumers and the price to be paid therefor in case of diversion," be, and the same hereby is, vacated and set aside as of the effective date of this order, so far as said order authorizes a handling charge of 15 cents per net ton, to cover costs of rebilling, collection, and replacement, to be added to the price of coal or coke diverted by the United States Fuel Administrator, or by any person acting under his authority. Except as hereinabove provided said order shall remain in full force and effect. This order to be effective November 21, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Feb. 13, 1918, Relative to the Price to Be Paid for Coal Shipped prior to Jan. 15, 1918, and Diverted in Transit.

WASHINGTON, D. C., February 13, 1918.

Bituminous coal shipped from the mines prior to January 15, 1918, and diverted in transit on orders of or by authority of the United States Fuel Administrator, so that it was not received by its original consignee, shall be paid for by the party receiving the coal to the owner thereof (either shipper, jobber, or original consignee as the case may be) by agreement between the parties in interest on either of the following bases as they may elect, and if they are unable to agree then on that one of the following bases which the party who was the legal owner of the coal at the time of such diversion may elect:

(1) At the going Government price at the time and place of shipment, and in addition thereto the jobber's commission, if a jobber was the owner, or if the owner purchased through a jobber the coal so diverted and has paid or is legally liable to pay the jobber's commission thereon; or

(2) At the contract price at which the coal so diverted was shipped or sold under a bona fide contract enforceable at law, and in addition thereto the jobber's commission, if a jobber was the owner, or if the owner purchased through a jobber the coal so diverted and has paid or is legally liable to pay the jobber's commission thereon. Upon receipt by the United States Fuel Administration (Transportation Department) prior to March 1, 1918, of a written request therefor, showing that settlement between the shipper or jobber of the coal so diverted, and the party to whom such coal was diverted, has been made on the basis of paragraph numbered (1) hereof, instead of on a higher contract price under paragraph numbered (2) hereof, conditioned upon replacement by the shipper to the original consignee of an equal number of cars of coal at the contract price, and that the original consignee has assented to such settlement, the United States Fuel Administration will arrange to have supplied to the original shipper prior to April 1, 1918, if practicable, cars for the purpose of enabling the shipper to make such replacement in addition to his mines' distributive share of available cars.

In any case where settlement has already been made at the going Government price for any diverted coal, the parties will be deemed to have elected the basis of paragraph (1) above, and if the shipper in any such case, in which the coal was shipped to the original consignee at a higher price under a bona fide and enforceable contract, files a request with the United States Fuel Administration, Transportation Department, in accordance with the provisions of the foregoing paragraph, the United States Fuel Administrator will endeavor in accordance therewith to have cars placed at such shipper's mine for the replacement of the quantity of coal diverted and for which settlement has thus been made.

Settlements, under the terms of this regulation, for diverted coal may be made only as full settlement of all liability in connection with such diversion as between all parties, including the government.

H. A. GARFIELD, United States Fuel Administrator.

Notice dated October 17, 1918, to State Fuel Administrators and District Representatives, Signed by the Chairman of the License Board, the Director of Bituminous Distribution, and the Director of the Bureau of State Organizations, Approved by the Assistant United States Fuel Administrator, Relative to Permitting Coal Requisitioned, to be Invoiced to a Licensee instead of to the Purchaser.

WASHINGTON, D. C., October 17, 1918.

State Administrators and District Representatives:

Coal requisitioned on the order of a State Administrator shall, at his request, be invoiced to a licensee named by the purchaser unless the producer prefers that it be invoiced directly to the purchaser. Such licensee named by the purchaser may, if the coal is invoiced to him, charge a purchasing agent's commission subject to the rules and regulations governing licensees.

Approved:

CYRUS GARNSEY, Jr,

W. B. SYMMES, Jr., Chairman of License Board.

A. W. CALLOWAY,

Director of Bituminous Distribution.
EVANS WOOLLEN,

Acting Director of Bureau of State Organizations.

Ass't U. S. Fuel Administrator.

Section 2.-Orders Dealing with Special Emergencies.

Order of the United States Fuel Administrator of Oct. 1, 1917, Relative to the Shipment, Distribution and Apportionment of Coal Reshipped by Water at Lake Erie Ports, Issued as Part I of Publication No. 8 of the United States Fuel Administration.

WASHINGTON, D. C., 1 October, 1917.

It appearing to the United States Fuel Administrator that the quantity of coal moving by lake shipment from Lake Erie ports to American lake ports on Lakes Superior and Michigan is inadequate for the supply of the portion of the United States supplied from said ports on Lakes Superior and Michigan, as compared with the quantity of coal so moving to Canadian lake ports and to American lake ports located on lakes other than Lakes Superior and Michigan, and that the supply of coal at present available for shipment by rail, and of railroad freight cars for the carriage thereof, to such portions of the United States supplied from said lake ports on Lakes Superior and Michigan are insufficient to make up the deficiency in the supply of coal moving by lake,

The United States Fuel Administrator, acting under authority of an Executive order of the President of the United States, dated 23d 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 Fuel Administrator and subject to modification hereafter by him:

(1) All producers of coal having contracts for delivery of coal by shipment to Lake Erie ports for transshipment and water carriage from such ports shall continue such shipments to at least the same extent and with the same frequency as at present or heretofore since September 1, 1917; and that

(2) All dock companies, jobbers, and other agencies receiving such coal at said Lake Erie ports shall forward the same by the earliest available carriers by water to American lake ports on Lake Superior or Lake Michigan, for delivery to and use by dealers and consumers usually supplied from such Lake Superior and Lake Michigan ports; and that

(3) All dock companies, jobbers, consignees, and other agencies receiving such coal at any such ports on Lake Superior and Lake Michigan, shipped to such ports from Lake Erie ports, and all jobbers, consignees, and other agencies receiving any such coal through reshipment or reconsignment from such lake ports on Lakes Superior and Michigan are hereby prohibited from consigning or shipping, or reconsigning or reshipping, any such coal to any points either in Canada or the United States, other than points in the Northwest which have heretofore usually been supplied with coal from such American lake ports on Lakes Superior and Michigan.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Oct. 9, 1917, Issued as Part II, of Publication No. 8, of the United States Fuel Administration, Suspending the Operation of the Order of Oct. 1, 1917, Relative to the Shipment, etc., of Coal Reshipped by Water at Lake Erie Ports.

WASHINGTON, D. C., 9 October, 1917.

In consequence of arrangements reached to-day satisfactory to Judge McGee, State Fuel Administrator for Minnesota, Mr. Groverman, representing the dock interests on Lake Michigan and Lake Superior, Mr. F.C. Baird, commissioner of the Lake Erie Coal Exchange, and Mr. McCue, assistant fuel controller of Canada,

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 Fuel Administrator and subject to modification hereafter by him:

(1) Said order of October 1, 1917, mentioned above, is hereby suspended and modified as follows:

(a) The embargo recently placed against the shipment of coal to Canada by Lake Erie ports is to be raised by an order from the Exports Administrative Board therefor, to take effect immediately, in accordance with the Fuel Administrator's request, dated October 9, 1917, addressed to the Exports Administrative Board, of which a copy is hereto annexed and is hereby referred to as a part hereof.

(b) Mr. F. C. Baird, of Cleveland, Ohio, is appointed a representative of the United States Fuel Administration, to take charge of the apportionment of all the coal shipped from Lake Erie points to the Northwest and to Canada, in accordance with the provisions of the communication from the Fuel Administrator to said F. C. Baird, dated October 9, 1917, of which communication a copy is hereto annexed and is hereby referred to as a part hereof.

H. A. GARFIELD,

Fuel Administrator.

Letter from the United States Fuel Administrator to F. C. Baird, dated October 9, 1917, Referred to in the Order of October 9, 1917, Relative to the Shipment, etc., of Coal Reshipped by Water at Lake Erie Ports.

WASHINGTON, D. C., October 9, 1917.

DEAR SIR: Pursuant to the arrangements arrived at in Washington this morning, I, hereby authorize and direct you to take charge of the apportionment of all the coal shipped from Lake Erie points to the Northwest and Canada, for the balance of the season of 1917,

It is a vital part of our arrangement that, in addition to the duties you are already performing, you look to this apportionment, making sure that the shipments are in accordance with the schedule agreed upon, and attached hereto.

In respect to the distribution of coal from the Lake Erie points to the Northwest, you will be responsible to me and will send me, daily, reports of shipments showing the daily tonnage shipped to each of the upper Lake ports, whether American or Canadian. These shipments are to be made by you without reference to the owner or controller of the coal.

Very truly yours,

H. A. GARFIELD,
Fuel Administrator.

Order of the United States Fuel Administrator of Oct. 25, 1917, Relative to the Sale, Shipment, Distribution and Apportionment of Coal among Dealers and Consumers in Ohio and Michigan to Meet Cases of Immediate and Pressing Exigency.

WASHINGTON, D. C., October 25, 1917.

It appearing to the United States Fuel Administrator that there exists in the States of Ohio and Michigan emergency requirements for coal by consumers therein, chiefly for domestic purposes, and that it is necessary temporarily to regulate in a special manner the sale, shipment, distribution and apportionment of coal among the dealers and consumers in the said states in order to meet and relieve such exigency.

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 all operators and coal producers in Ohio, Michigan, Eastern Kentucky with the exception of the Elkhorn District, West Virginia with the exception of the New River and Pocahontas Districts, and in Western Pennsylvania on the lines of the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company and its subsidiaries, and on the lines of the Montaur, Wabash, West Side belt, Bessemer and Lake Erie Railroads, shall apply so far as necessary for filling the orders mentioned below, the entire production of their mines Monday, October 29, except Railway Fuel and Slack Coal, on unfilled orders which they may now have and on orders which they may receive on or before Monday from dealers in said states. If the credit of any such dealer is not satisfactory to the producer from whom coal is ordered, the latter may ship the coal with draft for payment therefor attached to the Bill of Lading. Shipments made by any producer, in accordance with this order, under an existing valid contract with any dealer may be filled at the contract prices, but all other shipments must be made at the prevailing government prices.

H. A. GARFIELD,

United States Fuel Administrator.

Order of the United States Fuel Administrator of Oct. 27, 1917, Authorizing the New England Fuel Administrator to Obtain and Supply Coal to meet Cases of Immediate and Pressing Exigency.

WASHINGTON, D. C., Oct. 27, 1917.

It appearing to the United States Fuel Administrator that the amount of free or spot coal immediately obtainable for shipment into New England is insufficient to supply the immediate demands of all consumers therein and that the distribution of coal in New England has been such, owing to an increased demand therein for coal and to other causes, as to create in various localities individual cases of great exigency; and that, due to the limitation of transportation facilities and the distance between the coal fields and New England, there is need of further action to meet the increased demands for coal by certain industries in New England engaged in production for the United States Government, or conducting activities, especially public utilities, the uninterrupted operation of which is essential to the greatest efficiency of various industrial plants engaged in such production for the United States Government, and that there are certain supplies of coal in New England available to relieve in part the shortage of coal in some of said industrial plants, but purchased prior to the President's orders of 21 August and 23 August, 1917, at prices higher than those named in said orders respectively;

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:

(1) The New England Fuel Administrator is hereby authorized and empowered, without prior communication with the United States Fuel Administrator in Washington,

(a) To arrange, with any consumer, not in the coal business, or with any jobber with respect to any coal not physically handled by such jobber, for the transfer, at the prices for bituminous coal fixed by the President in his order of 21 August, 1917, or at the prices for anthracite coal fixed by the President in his order of August 23, 1917 (as heretofore or hereafter modified or amended either generally or for special cases), of an amount of coal, specified by the New England Fuel Administrator, but not exceeding one full carload lot, to any consumer located in New England for the use of such consumer therein, or to any retail dealer in said New England for sale by said retailer at retail to his customers, whenever said New England Fuel Administrator is satisfied, after investigation by him, that sufficient necessity exists for such transaction, and to arrange, as a part of the transaction and in connection with the transfer, for the future sale and delivery by the United States Fuel Administrator, or by someone through his procurement to the consumer or jobber, from whom such supply of coal is to be furnished, of a like amount of coal, of the same quality and at the President's prices therefor fixed as aforesaid, as the amount of coal so supplied through such arrangement of the New England Fuel Administrator;

(b) To authorize any person found by him, after investigation, to be the bona fide owner of any coal purchased by him in the manner provided in the following paragraph (2), and physically handled by him by unloading it from vessel or car, and actually in his possession in a yard, pocket, or other customary storage place for coal in New England, to sell a specified quantity of such coal to any consumer found by said New England Fuel Administrator after investigation, to be in need thereof in order reasonably to assure the continued and uninterrupted operation within New England of a public utility or of an industrial plant or of any undertaking of a State. county, city, town, or other governmental sub-division, in any case found by said