RULE 7. Every license shall be in such form and shall contain such terms, provisions, limitations and restrictions as the United States Fuel Administrator may from time to time prescribe, and the same shall be subject to modification and revocation by him, and shall be issued and held subject to these and such further rules and regulations as he may from time to time establish. The above rules and regulations approved and promulgated this 15th day of March, 1918, to become effective 7 a. m., April 1st, 1918. Approved: WOODROW WILSON. H. A. GARFIELD, United States Fuel Administrator. Regulations Nos. 8 to 21 of the United States Fuel Administrator of Mar. 18, 1918, Effective 7 a. m., April 1, 1918, Approved by the President of the United States, Governing the Distribution of Coul and Coke by Licensees under the President's Proclamation of Mar. 18, 1918, Issued in Publication No. 22 of the United States Fuel Administration. RULE 8. A licensee who, as owner or selling agent for another, sells coal or coke which he phyiscally handles on, over or through his own vehicle, barge, dock, trestle or yard, shall not sell the same for any unjust, unreasonable, discriminatory, or unfair commission or profit.1 RULE 9. A licensee shall not pay or offer to pay, to any producer or miner of coal or manufacturer of coke or to any selling agent or employee of such producer, miner, or manufacturer, for coal or coke purchased or sought to be purchased either on behalf of such licensee or on behalf of any consumer or retailer, more than the price fixed by the President or United States Fuel Administrator for such coal or coke f. o. b. cars at the mines or ovens applicable at the time and place of such payment or offer. RULE 10. A licensee shall not knowingly sell coal or coke to or buy coal or coke for any person engaged in the business of selling coal or coke, who, after this regulation goes into effect, violates or refuses to conform to any of the provisions of the Act of Congress, approved August 10, 1917, known as the "Food and Fuel Control Act," or any of the regulations or orders prescribed by the President or United States Fuel Administrator in respect to fuel as provided in said Act. RULE 11. A licensee shall not knowingly sell coal or coke for or buy coal or coke from any person engaged in the business of producing or mining coal or manufacturing coke, who, after this regulation goes into effect, violates or refuses to conform to any of the provisions of the Act of Congress, approved August 10, 1917, known as the "Food and Fuel Control Act," or any of the regulations or orders prescribed by the President or United States Fuel Administrator in respect to fuel as provided in said Act. RULE 12. A licensee shall not knowingly sell coal or coke to or buy coal or coke for or from any person now or hereafter required to have a license under those provisions of Section 5 of the Act of Congress, approved August 10th, 1917, known as the "Food and Fuel Control Act" which apply to fuel, who does not have such license or whose license has been revoked. RULE 13. It shall be the duty of each licensee to give to the United States Fuel Administration, or to the Federal Trade Commission, whenever so required, any information concerning the conditions and management of the business of the licensee. Such information shall be on blanks to be furnished by the United States Fuel Admin 1 Decisions of the License Board, referred to as L. B. D.-1, etc., interpreting Rule 8 of the Regulations issued by the United States Fuel Administrator under the President's Proclamation requiring the licensing of distributors of coal and coke. No regulation has yet been issued defining a reasonable charge or profit on coal physically handled by the licensee except that the profit of Lake Forwarders has been limited by Rule 22 to the sums allowed as purchasing agent's commission under Rule 2. (L. B. D.-37.) istration, or the Federal Trade Commission, or in such other form as may from time to time be required. Whenever required, the licensee shall furnish such information in writing under oath. RULE 14. The licensee shall keep such records of his business as shall make practicable the verification of all reports rendered to the United States Fuel Administration, or to the Federal Trade Commission. RULE 15. The authorized representative of the United States Fuel Administrator shall be at full liberty, during ordinary business hours, to inspect any and all records of the licensee. All necessary facilities for such inspection shall be extended to such representative by the licensee, its agents and servants. RULE 16. No agent or employee of the United States Fuel Administration shall divulge or make known in any manner, while he is such agent or employee or thereafter, except to such other agents or employees of the United States Fuel Administration as may be required to have such knowledge in the regular course of their official duties, or except in so far as he may be directed by the United States Fuel Administrator or by a court of competent jurisdiction, any facts or information regarding the business of the licensee which may come to his knowledge through any examination or inspection of the business or accounts of the licensee or through any reports made by the licensee to the United States Fuel Administration. RULE 17. The licensee shall report within thirty days, in writing, to the United States Fuel Administration any change of address, or any material change which renders inaccurate or no longer true any statement contained in the application for license filed by the licensee with the United States Fuel Administration. RULE 18. Any commission, profit or price in excess of those prescribed in these regulations and any practice prohibited herein are hereby determined to be unjust, unreasonable and unfair. RULE 19. The licensee shall place on every contract, order, acceptance of order, invoice, bill and quotation issued or signed by him relating to coal or coke the words "United States Fuel Administration License Number," followed by the number of his license. RULE 20. The words used in these rules and regulations shall be construed to import the plural or the singular, as the case demands. The word "person," wherever used in these rules and regulations, shall include individuals, partnerships, associations and corporations. RULE 21. Nothing contained in these rules and regulations shall be construed as restricting, modifying or affecting in any manner the operation of any orders, rules, or regulations which have already been promulgated, or which may hereafter be promulgated, by the President or the United States Fuel Administrator in respect to coal or coke, except that all orders, rules, and regulations of the President or the United States Fuel Administrator affecting jobbers of coal which are inconsistent with Rules 1 and 6, promulgated March 15, 1918, are revoked as to all sales or shipments of coal made after April 1, 1918.1 The above Rules and Regulations approved and promulgated this 18th day of March, 1918, to become effective 7 A. M., April 1, 1918. Approved: WOODROW WILSON. H. A. GARFIELD, United States Fuel Admini trator. 1 Decisions of the License Board, referred to as L. B. D.-1, etc., interpreting Rule 21 of the Regulations issued by the United States Fuel Administrator under the President's Proclamation requiring the licensing of distributors of coal and coke. Contracts of sale entered into after August 23, 1917, at the Government price plus jobbers' margin, are necessarily set aside by Rules 1 and 21, as to all shipments made after April 1, 1918. (L. B. D.-20.) Regulation No. 22 of the United States Fuel Administrator of April 24, 1918,.Effective 7 a. m., April 25, 1918, Governing the Distribution of Coal and Coke by Licensees under the President's Proclamation of Mar. 15, 1918. RULE 22. A licensee who, as owner or selling agent for another, delivers coal to a dock company, retail dealer, or consumer on the Great Lakes, in vessels or barges owned or chartered by such licensee, or delivers coal to a vessel on the Great Lakes to be used as fuel for such vessels, may charge a commission or profit not in excess of the amounts allowed as purchasing commission in Rule 2, and may pay another licensee, who is not prohibited under Rule 3 from receiving the same, any part of such profit or commission for services rendered in connection with the purchase of such coal. The above rule and regulation promulgated this 24th day of April, 1918, to become effective 7 a. m., April 25, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of June 5, 1918, Effective 7 a. m., June 1, 1918, Amending License Rule No. 22 of April 24, 1918. WASHINGTON, D. C., June 5, 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 following regulations are established and the maximum prices hereinafter specified are fixed for the handling and selling of bituminous coal by any corporation, association, partnership or person owning, operating, or managing a dock or docks on the Great Lakes, viz: (1) Rule 22 of the "Additional Rules and Regulations Governing the Distribution of Coal and Coke by Persons, Firms, Corporations, and Associations Subject to License, and Referred to in such Rules and Regulations as Licensees,” shall be and the same is hereby amended to read as follows: RULE 22. A licensee who, as owner or selling agent for another, delivers bituminous cargo coal to a dock company, retail dealer, or consumer on the Great Lakes, in vessels or barges owned or chartered by such licensee, may charge a commission or profit not in excess of 20 cents a net ton on bituminous coal; and a licensee, who, as owner or selling agent for another delivers bituminous coal directly from cars via dock car-dumping machines to a vessel on the Great Lakes to be used as fuel for such vessel, may charge a commission or profit not in excess of 25 cents a net ton thereon. Where such fuel coal is handled over lighters or fuel scows, an additional charge of not to exceed 50 cents a net ton may be made for such service. The above regulations, promulgated this fifth day of June, 1918, to become effective 7 a. m., June first, 1918. H. A. GARFIELD, United States Fuel Administrator. Regulations Nos. 23 to 26 of the United States Fuel Administrator of May 27, 1918, Effective 7 a. m., June 1, 1918, Governing the Distribution of Coal and Coke by Licensees under the President's Proclamation of Mar. 15, 1918. RULE 23. If a licensee engaged primarily in the business of a retail dealer, as defined in Publication No. 7, occasionally sells coal to consumers located in the territory normally supplied by such retail dealer in carload lots without physically handling the same on, over, or through his own vehicle, barge, dock, trestle or yard, he may charge and collect such margin of profit or commission, not exceeding the amounts allowed in Rule 2 as purchasing commission, provided such licensee has first obtained written consent from the Local Fuel Administrator as to each such carload lot sold. Such sales need not be reported to the Federal Trade Commission, but must be included in the retail reports of such licensees. RULE 24. A licensee who, as owner or selling agent for another, sells coal not produced by himself which he physically receives and handles on, over, or through a vehicle, barge, vessel, dock, trestle, or yard owned, hired or chartered by such licensee, but which he does not physically deliver to consumers either at his dock, trestle or yard or by means of his vehicle, barge or vessel so as to become a retail dealer, is defined as a wholesaler. RULE 25. A wholesaler may, unless a specific margin of profit price or commission has been fixed by the United States Fuel Administrator, sell coal at such margin of profit or price as may be fixed by the Local Fuel Administrator of the locality in which the dock, trestle or yard of such wholesaler is located, or at which such coal is unloaded from the barge or vessel owned or chartered by such licensee. The margin of profit or commission so fixed shall be subject to the approval of the State Fuel Administrator appointing the Local Fuel Administrator fixing the same and to modification by the United States Fuel Administrator in the same manner as margins of profit or selling prices fixed for retail dealers. RULE 26. Sales by licensees as wholesalers need not be reported to the Federal Trade Commission but must be reported to the Fuel Administrators of the States in which the dock, trestle or yard of such licensees is located or in which the coal is unloaded from the barge or vessel owned or chartered by such licensees. Such reports shall be substantially in the forms required of retail dealers with such modification as may be made by the State Administrators to whom they are required to be made. The above rules and regulations promulgated this 27th day of May, 1918, to become effective 7.00 a. m., June 1, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Nov. 2, 1918, Effective 7 a. m., Nov. 4, 1918, Establishing License Rule No. 27, Governing Distributors of Coal and Coke. WASHINGTON, D. C., November 2, 1918. RULE 27. A licensee who acts as purchasing agent for and by authority of a retail dealer or consumer in the purchase of anthracite coal from any of the docks on the Great Lakes without becoming the owner thereof, may, subject to Rules 1 and 3, charge a purchasing agent's commission not exceeding the sum of twenty (20) cents per ton of 2,240 pounds of anthracite coal when delivery of such coal is to be effected at or east of Buffalo, or the sum of thirty (30) cents per ton of 2,240 pounds of anthracite coal when delivery of such coal is to be effected west of Buffalo, provided, however, that no such licensee shall ask, demand, or receive, any commission, charge, or profit as broker or purchasing agent, from any consumer or retail dealer, for the purchase of any anthracite coal from a dock company controlled directly or indirectly by such licensee or by the controlling owners of such licensee or from a dock company whose owners or stockholders, members, or partners who control such owner also control directly or indirectly such licensee; and provided further that no licensee who owns or operates a dock on the Great Lakes shall charge any margin, commission, or profit as purchasing agent for the purchase of anthracite coal for any consumer or retail dealer from any of the dock companies on the Great Lakes. The above rule and regulation promulgated this 2d day of November, 1918, to become effective 7 a. m., November 4, 1918. H. A. GARFIELD, United States Fuel Administrator. Order of the United States Fuel Administrator of Nov. 1, 1918, Effective 7 a. m., Nov. 2, 1918, Establishing License Rules Nos. 28 to 32, Inclusive, Governing Distributors of Coal and Coke. WASHINGTON, D. C., November 1, 1918. RULE 28. All coal requisitioned or diverted by a District Representative at the request or on the order of a Federal Fuel Administrator for any State for consignment to some one other than such Administrator, shall at the request of such Federal Fuel Administrator, be invoiced to a licensee named by the purchaser, unless the producer of the coal so requisitioned or diverted invoices the same directly to the purchaser. If such coal is invoiced to a licensee so named by the purchaser, such licensee may, subject to Rules 1 and 3, charge the purchasing agent's commission provided in Rule 2. RULE 29. All coal requisitioned or diverted by a District Representative on the direct order of the Distribution Division of the United States Fuel Administration at Washington, except coal requisitioned for consignment to a Federal Fuel Administrator for any State or for the use of any department or agency of the United States Government, including railroads under control of the United States Railroad Administration, shall be invoiced to a licensee named by the producer of such requisitioned or diverted coal unless such producer invoices the same directly to the purchaser. If such coal is invoiced to a licensee so named by the producer, such licensee may, subject to Rules 1 and 3, charge the purchasing agent's commission provided in Rule 2. RULE 30. All coal consigned to a Federal Fuel Administrator for any State, whether by requisition, diversion, or otherwise, shall be invoiced to such Administrator, and he may distribute such coal through a licensee who may, subject to Rules 1 and 3, charge the purchasing agent's commission provided in Rule 2, or if such licensee acts as a wholesaler as defined in Rule 24, the wholesaler's margin fixed by such Administrator under Rule 25. RULE 31. All coal diverted by a Federal Fuel Administrator for any State shall be invoiced to such Administrator, and he may bill and collect for such coal through a licensee, who may, subject to Rules 1 and 3, charge the purchasing agent's commission provided in Rule 2. RULE 32. No purchasing agent's commission or wholesaler's margin shall be added under Rules 28, 29, 30, and 31, on diverted coal where the shipper of such diverted coal, or anyone as agent for such shipper, has added the 15-cent rebilling charge on such diverted coal allowed by the order of the United States Fuel Administrator dated January 14, 1918. The above rules promulgated this 1st day of November, 1918, to become effective at 7 a. m., November 2, 1918. H. A. GARFIELD, United States Fuel Administrator. |