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and $300.00. Upon receipt of the invoice and the check, the State Fuel Administrator shall forward same to the retail dealer and at the same time forward the dealer's certified check, properly endorsed, to the producer.

6. Before diverting coal as provided in paragraph #3 above, a State Fuel Administrator shall first secure a certified check from the retail dealer, to whom the coal is to be diverted, which check shall be handled in the same manner as provided in paragraph #5.

7. The Indiana State Fuel Administrator will communicate his instructions in regard to distribution of anthracite coal as provided above to Mr. F. N. Pease, District Representative of the Anthracite Committee at Chicago. The State Fuel Administrators of Ohio and Michigan will communicate their instructions to Mr. W. C. Blodgett, District Representative of the Anthracite Committee at Buffalo.

8. The above instructions do not apply to the distribution of anthracite coal in
North and South Dakota, Minnesota, Wisconsin and Illinois, as satisfactory plans
are already in operation in these states.
Very truly yours,

U. S. FUEL ADMINISTRATION,
J. D. A. MORROW,

General Director Distribution.
Cyrus GARNSEY, Jr.,

Assistant U.S. Fuel Administrator.
Approved:
H. A. GARFIELD,

United States Fuel Administrator.

TITLE IX.

ORDERS AND REGULATIONS GOVERNING JOBBERS AND

LICENSED DISTRIBUTORS.1

Section 1.-Orders Relating to Jobbers.
Executive Order of the President of the United States of Aug. 23, 1917, Issued as Para-

graphs 1, 2 and 3, of Publication No. 3, of the United States Fuel Administration,
Establishing Jobbers' Margins.

The following regulations shall apply to the intrastate, interstate, and foreign commerce of the United States, and the prices and margins referred to herein shall be in force pending further investigation or determination thereof by the President.

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JOBBER'S MARGINS.

1. A coal jobber is defined as a person (or other agency) who purchases and resells coal to coal dealers or to consumers without physically handling it on, over, or through his own vehicle, dock, trestle, or yard.

2. For the buying and selling of bituminous coal a jobber shall not add to his purchase price a gross margin in excess of 15 cents per ton of 2,000 pounds, nor shall the combined gross margins of any number of jobbers who buy and sell a given shipment or shipments of bituminous coal exceed 15 cents per ton of 2,000 pounds.

3. For buying and selling anthracite coal a jobber shall not add to his purchase price a gross margin in excess of 20 cents per ton of 2,240 pounds when delivery of such coal is to be effected at or east of Buffalo. For buying or selling anthracite coal for delivery west of Buffalo a jobber shall not add to his purchase price a gross margin

1 For other orders and rulings affecting Jobbers and Distributers, particularly with reference to the charging of a Jobber's Margin or Purchasing Agent's Commission, reference is made to Chapter II and to Chapter III, Title IV and Title VII, and the notes thereunder.

in excess of 30 cents per ton of 2,240 pounds. The combined gross margins of any number of jobbers who buy and sell a given shipment or shipments of anthracite coal for delivery at or east of Buffalo shall not exceed 20 cents per ton of 2,240 pounds, nor shall such combined margins exceed 30 cents per ton of 2,240 pounds for the delivery of anthracite coal west of Buffalo. Provided that a jobber's gross margin realized on a given shipment or shipments of anthracite coal may be increased by not more than 5 cents per ton of 2,240 pounds when the jobber incurs the expense of rescreening it at Atlantic or lake ports for transshipment by water.

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WOODROW WILSON. THE WHITE HOUSE, August 23, 1917. Regulations of the United States Fuel Administrator of Oct. 6, 1917, Issued as Paragraphs

6 to 12, of Publication No. 9 of the United States Fuel Administration Concerning Jobbers and the Prices at which They May Sell Coal under Contract of Purchase or Sale.

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 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.

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6. Operators who maintain their own sales department, whether in their own name or under a separate name, and dispose of coal directly to the dealer or consumer, shall not charge any jobber's commission. A jobber must be entirely independent of the operator, in fact as well as in name, in order to be entitled to charge a jobber's commission.

7. Free coal shipped from the mines subsequent to the promulgation of the President's order fixing the price for such coal shall reach the dealer at not more than the price fixed by the President's order plus only the prescribed jobber's commission (if the coal has been purchased through a jobber) and transportation charges.

8. A jobber who had already contracted to buy coal at the time of the President's order fixing the price of such coal, and who was at that time already under contract to sell the same, may fill his contract to sell at the price named therein.

9. A jobber who, at the time of the President's order fixing the price of the coal in question at the mine, had contracted to buy coal at or below the President's price, and at that time had no contract to sell such coal, shall not sell the same at a price higher than the purchase price plus the proper jobber's commission as determined by the President's regulation of August 23, 1917.

10. A jobber who, at the time of the President's order fixing the price of the coal in question, was under contract to deliver such coal at a price higher than a price represented by the price fixed by the President or the Fuel Administrator for such coal plus a proper jobber's commission as determined by the President's regulation of August 23, 1917, shall not fill such contract with coal purchased after the President's order became effective and not contracted for prior thereto at a price in excess of the President's price plus the proper jobber's commission.

11. A jobber who, at the date of the President's order fixing the price of the coal in question, held a contract for the purchase of coal without having already sold or contracted to sell such coal, shall not sell such coal at more than the price fixed by

the President or the Fuel Administrator for the sale of such coal after the date of such order, plus the jobber's commission as fixed by the President's regulation of August 23, 1917.

12. Every jobber of coal or coke in the United States shall file with the Federal Trade ('ommission, Washington, D. (., on or before October 25, 1917, a statement showing (1) his name; (2) post-office address; (3) date of the establishment of his business; (4) names of stockholders, members, and partners of the jobbing concern; (5) financial interests of stockholders, members, and partners of the jobbing concern in any mine producing coal. Any jobbing concern which may be established after the issuance of this regulation shall immediately upon its organization file a similar statement with the Federal Trade Commission.

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Order of the United States Fuel Administrator of Oct. 27, 1917, Authorizing the New

England Fuel Administrator to Obtain and Supply Coal to Meel ('uses of Special Emergency and Amending Paragraph 11 of Publication No. 9 of the United States Fuel Administration as to Coal Requisitioned by said Administrator.

WASHINGTON, D. C., October 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 l'nited 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 some one 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;

(6) 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 subdivision, in any case found by said Administrator to be essential directly or indirectly to the national security and defense or to the efficient prosecution of the war. Any such sale may be made at such price, to be first approved by the New England Fuel Administrator, as shall not exceed the price at which such coal could have been sold by such owner thereof if the latter were at the time of the sale a retailer of coal and were selling such coal upon the basis prescribed in the order of the United States Fuel Administrator dated October 1, 1917, relative to maximum gross margins for retail coal dealers.

(2) The New England Fuel Administrator is hereby authorized and empowered; upon first obtaining the written or telegraphic approval of the United States Fuel Administrator in each case to authorize any person found by him, after investigation, to be the bona fide owner of any coal, purchased by such owner under a valid and bona fide contract made prior to August 21, 1917 (exhibited to, and of which a copy shall be filed with, said New England Fuel Administrator), to sell a specified quantity of such coal, if actually present in New England although not yet unloaded from the vessel or car in which it has been transported into New England, to any consumer or dealer found by him after investigation to be in actual and immediate need of such coal for use or distribution within New England, and to permit such sales at such price, in excess of the price therefore fixed by the President as heretofore or hereafter modified or amended either generally or for special cases, as, in the judgment of said New England Fuel Administrator, shall not exceed the actual cost of said coal to such owner thereof plus a profit thereon not exceeding the amount of a jobber's gross margin as fixed and limited in the President's order of August 23, 1917;

(3) No authorization by the New England Fuel Administrator under any of the provisions of this order shall be a continuing authorization, but shall lapse and terminate upon the delivery of the quantity of coal, at the place, and in the manner, therein specified;

(4) A copy of every authorization made by the New England Fuel Administrator under any of the provisions of this order shall be at once forwarded to the United States Fuel Administrator in Washington.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 8, 1917, Empowering States Fuel

Administrators to Authorize Sales of Coal by Jobbers at the Cost Price to Said Johberg plus the Jobber's Margin and Amending Paragraph 11 of Publication No. 9 of the United States Fuel Administration. 1

WASHINGTON, D. C., November 8, 1917. It appearing to the United States Fuel Administration that the amount of free or spot coal immediately obtainable is insufficient to supply the immediate demands of all consumers in various parts of the United States, and that the distribution of coal therein has been such, owing to an increased demand therein for coal and to other causes, as to create in various localities cases requiring additional supplies, and a need for the use of further agencies for distribution, 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, from time to time, and at any time;

1 Your immediate attention is called to the enclosed order of the United States Fuel Administrator which provides an important extension of Ruling 11 relating to jobbers. After careful consideration it has been determined to modify Ruling II to the extent of permitting jobbers who are able to establish to the satisfaction of the State Administrator a bona fide and enforceable contract made prior to the date of the President's order, to dispose of the unsold coal covered by said contract, under conditions set forth in the order enclosed. We are advised that the terms of this order should do much to relieve the existing situstion throughout the Country and you are urged therefore to lose no time in making its provisions effective.

In effect the order provides as follows:

(1) The jobber must establish to the satisfaction of the Fuel Administrator of the State in which he desires to sell the coal that his contract is bona fide, and enforceable, and made prior to the date of the President's order.

(2) He must give proof of the amount of coal still unsold under his contract and state the names, ad. dresses and occupations of the persons to whom he proposes to sell.

(3) The State Administrator shall, however, have the right to specify the persons to whom the coal must be sold and the jobber must undertake to sell the coal to such persons and in such amounts as the State Administrator may designate.

(4) The price at which the coal shall be sold shall not exceed the contract price plus the amount of the jobber's commission as fixed in the President's order.

(5) If the contract is not proved to be bona fide and enforceable, the coal may not be sold in excess of the price fixed in the President's order, plus the jobber's commission.

By the foregoing provisions, the State Administrator is given not only full authority to determine the validity of the jobber's contract, but an opportunity in the distribution of the coal to provide for the pressing needs of his own territory. While the desirability will be recognized of not disturbing the usual channels of trade any more than may be necessary, Administrators will keep in mind the necessity of providing for the immediate needs of domestic consumers and small manufacturers.

Please note that all decisions, rulings and authorizations made by the State Administrators under this order must be in writing and copies must be forwarded to this office. Records of the distribution of coal under this order must also be kept and copies sent to this office for the attention of the Department on Emergency Needs.

You will also bear in mind that the jobbers have now filed with the Federal Trade Commission in Wash. ington, the statements required by Ruling 12, and that copies of all contracts made by jobbers with oper. ators, dealers or consumers are also on file with the Commission and available for our inspection here we shall therefore be able to check up all transactions under these contracts and to use the information thus obtained in connection with any future plan to license jobbers.

For obvious reasons, it is desirable that the provisions of this order be made effective without delay. To accomplish this result, you will doubtless require immediate assistance, particularly of counsel to pass. upon the legality of contracts submitted. It is hoped that you may be able to enlist the voluntary services temporarily of counsel of standing in the community, in whose judgment you have full confidence. In addition to providing yourself with such clerical assistance as may be needed temporarily, you will also call upon us for any assistance we can render. (Letter from the United States Fuel Administrator to all State Fuel Administrators, dated, Nov. 8, 1917, interpreting and explaining the order of that date.)

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