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(1) The New England Fuel Administrator, for the New England States, and the State Fuel Administrator, for any other state, may authorize from time to time, subject to the conditions hereinafter stated, any jobber, wholesaler, or other person found by him after investigation and upon advice of counsel, to be the bona fide owner of any bituminous coal, purchased by such owner under a valid and bona fide contract made prior to August 21, 1917, or of any anthracite coal so purchased under such a contract made prior to August 23, 1917, to sell a specified quantity of such coal, from unsold tonnage covered by such contract to any consumer or dealer found by such Administrator after investigation to be in need of such coal to meet his reasonable requirements for use or distribution within the jurisdiction of such Administrator, as the case may be, upon and subject to the following terms and conditions:

(a) The person desiring to make such sale shall exhibit to such Administrator the contract under which he claims to be the owner of coal which he desires to sell, together with evidence satisfactory to the Administrator upon advice of counsel, that the contract was made in good faith prior to the date of the President's order fixing the price of the kind of coal covered by said contract and that the same is in effect and enforceable at law, and shall file å copy of such contract with the Administrator.

(b) Such person shall prove by evidence satisfactory to the Administrator the amount of coal already sold or contracted to be sold by such person under any contract sò submitted to the Administrator, the amount of coal unsold thereunder and still available for sale, and shall furnish the name, address, and occupation of the proposed purchaser and the location of the residence, plant, or place of business at which it is desired to deliver such coal for use or retail distribution, as the case may be.

(c) Only such an amount of coal shall be sold by such person to any consumer or dealer as such Administrator shall specify in his authorization of such sale, and the fact of such sale together with the name of the vendee, the amount of coal delivered, the place of delivery, and the price of the coal delivered, shall be promptly reported to such Administrator.

(d) The price at which any coal authorized by any Administrator to be sold hereunder may be sold, shall not exceed the contract price thereof, as found by the Administrator and stated in his authorization of such sale, plus the amount of a jobber's gross margin, as fixed and limited in the President's order of August 23, 1917.

(e) Any person requesting authority from the Administrator to sell coal under the provisions of this order, shall, by reason of his request therefor, be deemed to agree to sell to any consumers or dealers whom the Administrator may designate and for use or distribution by such consumers or dealers, as the case may be, such quantity, as the Administrator may require of the coal then unsold and not covered by any contract for the sale thereof made prior to the date of the President's order fixing the price for such coal, to which such person may be entitled under the contract exhibited to the Administrator.

(f) If any contract presented to an Administrator under this order is found by such Administrator not to conform to the requirements of paragraph (a) above, such contract shall not be presented by the jobber, wholesaler, or other person claiming rights thereunder, to any other State Fuel Administrator as a basis for authority to make sales of coal alleged to be covered by such contract, unless and until the contract shall have been presented to the United States Fuel Administrator and approved by him as a contract conforming to the requirements of said paragraph (a), and the fact of such rejection of any contract by a State Fuel Administrator shall be at once reported by the person claiming rights thereunder to the United States Fuel Administrator.

(2) All decisions, rulings, and authorizations made by the New England or any State Fuel Administrator under any of the provisions of this order must be in writing and copies thereof forwarded to the United States Fuel Administrator in Washington.

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(3) Records of the distribution of coal made or authorized under the provisions of this order shall be kept by the New England and State Administrators making the same and copies of such records shall be sent as made, endorsed "Attention of Department of Emergency Needs," to the Office of the United States Fuel Administrator in Washington.

(4) Ruling numbered 11 in the order of the United States Fuel Administrator dated 6 October, 1917 (printed as Publication No. 9), relative to jobbers holding, at the date of the President's order fixing the price of the coal in question, contracts for the purchase of coal without having already sold or contracted to sell such coal, shall not apply to any sales by jobbers which they may be duly authorized by the New England or any State Fuel Administrator to make in accordance with the provisions of this order.

(5) Paragraph (2) of the order of the United States Fuel Administrator dated Oc. tober 27, 1917, which paragraph authorized and empowered the New England Fuel Administrator to authorize sales of coal in New England not at the time unloaded from a vessel or car, is hereby terminated from and after November 8, 1917.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 9, 1917, Effective A. M., Nov.

10, 1917, Prohibiting the Addition of Jobbers' Margins to Maximum Prices for Beehive Coke, Issued in Publication No. 13 of the United States Fuel Administration.

WASHINGTON, D. C., November 9, 1917. It appearing to the United States Fuel Administrator that various regulations should be put in force at once for the better regulation of the distribution of coke and of the prices at which the same may be sold,

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 the price of coke shall be understood as the price per ton of 2,000 pounds f. o. b. cars at the plant where the coke is manufactured.

All the maximum prices mentioned herein shall apply to car lots sold to consumers or to dealers for wagon delivery; any commissions paid to selling agencies, or margins allowed to jobbers, shall be paid by the vendors, and shall not be added to the prices established hereby.

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This order to become effective 7 A. M., November 10, 1917, and to remain in effect until January 1, 1918, or until superseded by further order.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 17, 1917, Effective 7 A. M., Nov.

19, 1917, Prohibiting the Addition of Jobbers' Margins to Maximum Prices for ByProduct and Gas Coke, Issued in Publication No. 13 of the United States Fuel Administration.

WASHINGTON, D. C., November 17, 1917. It appearing to the United States Fuel Administrator that various regulations should be put in force at once for the better control of the distribution of by-product coke and of gas coke, and of the prices at which the same may be sold, 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 as follows:

The price of coke shall be understood as the price per ton of 2,000 pounds f. o. b. cars at the plant where the coke is manufactured.

All the maximum prices mentioned herein shall apply to car lots sold to consumers or to dealers for wagon delivery; any commissions paid to selling agencies, or margins allowed to jobbers, shall be paid by the vendors, and shall not be added to the prices established hereby.

This order becomes effective 7 A. M., November 19, and will remain in effect until January 1, 1918, or until superseded by further order.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Dec. 24, 1917, Effective 7 A, M., Dec.

29, 1917, 18 ued as Publication No. 16 of the United States Fuel Administration, Regulating the Making of Contracts by Jobbers of Coal and Coke.

WASHINGTON, D. C., December 24, 1917. The United States Fuel Administrator, acting under authority of an Executive order of the President of the United States, dated August 23, 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 from time to time and at any time, the following regulations are established relative to

CONTRACTS FOR THE SALE OF COAL AND COKE.

A coal or coke operator or producer may, in accordance with these regulations, and not otherwise, make contracts for the sale of coal mined or produced, or of coke pro. duced or made, by him with any consumer or other person including jobbers.

(1) No such contract shall provide for the delivery or supply of coal or coke over a period longer than one year; and such period of one year shall terminate at a date not more than 18 months from the date of actual execution of the contract.

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(4) Every such contract shall provide that the same shall be forthwith canceled and of no further binding effect upon either party thereto, upon receipt of a request or an order from the United States Fuel Administrator for such cancellation, and that in case of such cancellation neither party to the contract shall be under any further liability to the other thereunder and that neither shall have any claim against the United States by reason of such contract or the cancellation thereof.

(5) Every such contract shall provide that coal or coke deliverable thereunder shall be subject to requisition by the United States Fuel Administrator, including under the term requisition the right to divert such coal or coke to any other party than the purchaser named in the contract; that such requisition may be made at any time during the continuance of the contract and prior to actual receipt and unloading of the coal or coke so requisitioned, at the point of ultimate destination, by the person entitled thereto under the terms of the contract; that such requisition shall be made at the going Government price at the date of shipment from the mine of the coal so requisitioned or of the shipment of the coke so requisitioned from the place of production or storage thereof, and without other or further liability of the Government to either party to the contract than the payment of such price and freight, so far as either party to the contract may at the time of such requisition or diversion be liable for such freight payment.

(6) A jobber may make contracts for the sale of coal or coke owned by him, or to which he is entitled under contracts made by him with operators or producers in con

formity with these regulations, at a price not exceeding the purchase price paid or payable by such jobber for such coal or coke under the limitations of the foregoing paragraphs numbered (2) and (3), plus such commission on coal (not on coke) as may, at the time of the shipment thereof from the mine where such coal is produced, be the then permissible jobber's commission. All such contracts by jobbers for the sale of coal or coke shall conform to the provisions and requirements in the foregoing paragraphs numbered (1), (1), and (5).

(7) Every coal or coke operator or producer and every jobber shall send within 10 days of the execution of any contract by him a certified copy thereof to the United States Fuel Administrator at Washington, D. C., marked “Attention of legal department."

CROSS HAULING.

No contract may be made, or if made hereafter will be recognized as valid, by the United States Fuel Administrator, which involves railroad cross hauling of coal, except in the case of gas coal or coal to be used for by-product purposes.

ORAL CONTRACTS.

Oral contracts for the delivery or supply of coal or coke will in no cases be recognized by the Fuel Administrator as valid or binding upon either party thereto and are hereby prohibited.

CANCELLATION AND TERMINATION.

All and any contracts for the sale of coal or coke are subject to cancellation and termination at any time by the President or by the United States Fuel Administrator acting under authority of the President. This order shall be effective December 29, 1917, 7 a. m.

H. A. GARFIELD, United States Fuel Admini trator.

Section 2–Orders Relating to Licensed Distributors. Proclamation by the President of the United States of Mar. 15, 1918, Requiring the

Licensing of Distributors of Coal and Coke, Issued in Publication No. 22 of the United States Fuel Administration. '

Whereas, Under and by virtue of an act of Congress 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,"

i Decisions of the License Board, referred to as L. B.D.-1, etc., interpreting the President's Proclamation requiring the Licensing of distributors of coal and coke. No License is required if the producer distributes only its own product.

(L. B. D.-24.) A producor distributing coal other than its own product is required to have a license. (L. B. D.-23.)

A jobber is defined in Paragraph 1, Publication 3, 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.

(L. B. D.-14.) A retail dealer who sells carload lots of coal or coke without physically handling the same is required to have a license.

(L. B. 1.-25.) A salesman who acts for one or more licensees where all bills and reports are made in the licensee's name, is not required to have a license.

(L. B. D.-27.) A salesman for a retail dealer is not required to have a license but is construed to be an employe of the retail dealer. Payment for his services cannot be added to the price allowed to retail dealers by local or State Fuel Administrators.

(L. B. D.-26.) Licenses will not be denied because the applicant has entered upon the business of distributing coal or coke after April 1, 1918.

(L. B. D.-21.) An employer distributing coal or coke to his employees, and physically handling the same,

is construed to be a retail dealer, and is not required to have a license for such distribution.

This ruling is subject to the provisions of Paragraph 5 of the order of March 8, 1918 (infra, Chapter III. * Title X).

(L. B. D.-18.)

approved by the President on the 10th day of August, 1917, it is provided among other things as follows:

"That by reason of the existence of a state of war, it 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, to assure an adequate supply and equitable distribution, and to facilitate the movementof foods, feeds, fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act."

AND WHEREAS, it is further provided in said act as follows:

"That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution of any necessaries, in order to carry into effect any of the purposes of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees."

AND WHEREAS, it is further provided in said act as follows:

“That the President of the United States shall be, and he is hereby, authorized and empowered, whenever and wherever in his judgment necessary for the efficient prosecution of the war, to fix the price of coal and coke, wherever and whenever sold, either by producer or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, apportionment, or storage thereof among dealers and consumers, domestic or foreign."

AND WHEREAS, it is further provided in said act as follows:

“That in carrying out the purposes of this act the President is authorized to enter into any voluntary arrangements or agreements, to create and use any agency or agencies,"

AND WHEREAS, The President has heretofore designated and appointed Harry A. Garfield United States Fuel Administrator for the purpose of carrying into effect the provisions of said act, relating to fuel, and has directed that: “Said Fuel Administrator shall supervise, direct and carry into effect the provisions of said act and the powers and authority therein given to the President so far as the same apply to fuel as set forth in said act, and to any and all practices, procedure and regulations authorized under the provisions of said act applicable to fuel, including the issuance, regulation and revocation under the name of said United States Fuel Administrator of licenses under said act,” and has authorized said Fuel Administrator to employ such assistants and subordinates as may from time to time be deemed by him necessary, said Fuel Administrator and such assistants and subordinates together constituting the governmental organization called the United States Fuel Administration.

AND WHEREAS, It is essential in order to carry into effect the provisions of said act, and in order to secure an adequate supply and equitable distribution, and to facilitate

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