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Order of the United States Fuel Administrator of Aug. 6, 1918, Effective 7 a. m., Aug. 7, 1918, Vacating License Regulation No. 22, and Establishing Regulations Relative to Commissions, Margins, and Profits to be Charged by Lake Forwarders and Lake Fuellers on the Great Lakes.1

WASHINGTON, D. C., August 6, 1918.

It appearing to the United States Fuel Administrator that the rules fixing the commission, margin, or profit which may be charged by any person, firm, association, or corporation engaged in the forwarding of coal on the Great Lakes and the fuelling of vessels on such lakes and now contained in 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," should be modified,

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 pur1 The following rulings concerning Lake Forwarders' and Lake Fuellers' charges under the various regulations of the United States Fuel Administrator were issued August 8, 1918, by the Legal Division: 1. Prior to April 1, 1918.-No regulation of the United States Fuel Administration was in effect prior to April 1, 1918, and the only restriction was that contained in Sec. 4 of the "Food and Fuel Control Act" declaring it unlawful "to make any unjust or unreasonable rate or charge in handling or dealing in or with any necessaries."

2. April 1 to April 25, 1918. (Publication 22.)

(a) Bituminous cargo coal: Lake forwarders' charges were limited by the provisions of Rule 8 that the same should not be unjust, unreasonable, discriminatory, or unfair. No purchasing agent's commission could be charged to or paid by a lake forwarder.

(b) Bituminous fuel coal:

(1) If the lake forwarder was a licensee and acted as a purchasing agent in buying fuel coal for a vessel, the purchasing agent's commission of 15¢ per ton could be charged.

(2) If the lake forwarder owned and physically handled the fuel coal furnished the vessel, he was a retailer and his margin was that fixed by the local Fuel Administrator for retail transactions.

(3) If no retail margins were applicable, the lake forwarder's charge should not be "unjust, unreasonable, discriminatory, or unfair," as provided by Rule 8 of Publication 22,

(4) As a retailer, the lake forwarder could employ a purchasing agent to buy the fuel coal for him, and add such purchasing agent's commission of 15¢ per net ton to the price charged for the coal. 3. April 25 to June 1, 1918 (Rule 22).

(a) Cargo Coal: The Lake forwarder's chargewas 15¢ per net ton, which could be paid to, or divided with a purchasing agent not prohibited from receiving the same by Rule 3 of Pub. 22.

(b) Fuel Coal:

(1) The lake forwarder could charge 15¢ per net ton even though he did not physically handle the coal, which could be paid to, or divided with a purchasing agent not prohibited from receiving the same by Rule 3 of Pub. 22.

(2) If the lake forwarder physically handled the fuel coal, he was a retailer, and his margin was that fixed by the local Fuel Administrator for retail transactions.

(3) If no retail margins were applicable, then the lake forwarder's charge should not be "unjust, unreasonable, discriminatory, or unfair," as provided in Rule 8 of Pub. 22.

(4) As a retailer, the lake forwarder could employ a purchasing agent to buy the fuel coal for him and add such purchasing agent's commission to the price charged for the coal.

4. Since June 1, 1918, and now applicable (Orders of June 5 and August 6, 1918).

(a) A lake forwarder may charge 20¢ per ton on cargo coal for his services.

(b) A lake forwarder may charge 25¢ per ton for fuel coal furnished a vessel, and 504 additional, or a total of 75¢ per ton, where the coal is delivered to the vessel by barge or scow.

(c) A purchasing agent may be employed by the lake forwarder to buy either cargo or fuel coal and charge a commission of 15¢ per ton, if not prohibited by Rule 3 of Publication 22 from so doing.

(d) A lake forwarder may pay a purchasing agent 15¢ per ton for buying either cargo or fuel coal for him and add same to the 20¢ allowed for cargo coal and the 25¢ or 75¢ allowed for fuel coal.

(e) A licensed distributor acting as a lake forwarder or lake fueller who purchases coal from an entirely independent mine, or mine not owned or controlled by another lake forwarder or lake fueller, may add the purchasing agent's commission of 15¢ per ton to the 20¢ per ton allowed on cargo coal, and to the 25 or 75¢ allowed on fuel coal, but such sum cannot be added if the lake forwarder has employed an independent purchasing agent in the purchase of such coal.

(f) No commissions whatever can be added by lake forwarders or lake fuellers to the applicable government price of anthracite coal.

pose of said Orders and of the Act of Congress therein referred to and approved August 10, 1917,

Hereby orders and directs that 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," as established by Order dated April 24, 1918, and as amended by Order dated June 5, 1918, be and the same hereby is in all respects cancelled and revoked from and after 7 A. M., August 7, 1918.

And hereby makes and establishes the following regulation effective August 7, 1918, at 7 A. M., until further or other order and subject to modification hereafter from time to time and at any time:

REGULATION RELATIVE TO COMMISSION, MARGIN OR PROFIT TO BE CHARGED BY LAKE FORWARDERS AND LAKE FUELLERS ON THE GREAT LAKES.

I.

No person, firm, association, or corporation who or which arranges for the loading of bituminous coal over any of the lower lake docks and for the transportation of the same on the Great Lakes in boats owned or chartered by or through such person, firm, association, or corporation shall charge for such service a commission, margin, or profit in excess of 20¢ per net ton.

II.

No person, firm, association, or corporation, who or which sells bituminous coal produced by such person, firm, association, or corporation, or purchased from a producer, or from or through a licensed distributor, which is to be used exclusively as fuel by vessels operating on the Great Lakes, and who arranges for the loading of such bituminous coal over any of the lower lake docks into the bunkers of such boats shall charge a commission, margin, or profit in excess of 25¢ per net ton plus an additional gross charge of not to exceed 50¢ per net ton in cases where the coal is delivered to such vessels by barge, lighter, or scow.

III.

A licensed distributor who acts as purchasing agent for a person, firm, association, or corporation who or which performs the services specified in Sections I or II of this Regulation, or for the owner or operator of a dock on the upper lakes may, subject to the provisions of Rule 3 of the Rules and Regulations governing the distribution of coal and coke by licensees, charge and receive the purchasing agent's commission allowed by Rule 2 of such rules and Regulations.

IV.

Any person, firm, association, or corporation who or which performs the services specified in either Section I or II of this Regulation may add to the commission, margin, or profit allowed by said sections any purchasing agent's commission charged by or paid to a licensed distributor under the provisions of Section III of this Regulation.

V.

A licensed distributor who performs the services specified in either Sections I or II of this Regulation may, in addition to the commission, margin, or profit allowed by said sections, include a charge of 15¢ per net ton if such licensed distributor has purchased, or acted as purchasing agent for, the coal from a mine which is not owned nor controlled directly or indirectly by such licensed distributor, or the controlling

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owners of such licensed distributor, or by another licensed distributor customarily engaged in performing the services specified in Sections I or II of this Regulation or from a mine whose owner, or the stockholders, members, or partners who control such owner, do not, also, control directly or indirectly such licensed distributor, or any other licensed distributor customarily engaged in performing the services specified in Sections I or II of this Regulation. This additional sum shall not be charged when the purchasing agent's commission provided in Sections III and IV of this Regulation has been paid.

VI.

Any person, firm, association, or corporation, who has performed the services specified in Sections I and II of this Regulation between June 1, 1918, and the effective date of this Regulation may charge and receive in full settlement therefor a commission, margin, or profit not in excess of that fixed by Sections I and li of this Regulation, and may include in such settlement any purchasing agent's commission which has been charged by, or paid to, a licensed distributor under the conditions specified in Section III of this Regulation, or, if a licensed distributor, may include in such settlement a purchasing agent's commission earned as provided by, and under the conditions specified in, Section V of this Regulation.

VII.

No commission, margin, or profit shall be charged for the performance of the services specified in Section I or II of the this Regulation in connection with anthracite coal.

H. A. GARFIELD,

United States Fuel Administrator,

By CYRUS GARNSEY, Jr.,

Assistant United States Fuel Administrator.

Order of the United States Fuel Administrator of Sept. 14, 1918, Effective Sept. 16, 1918, Amending Rule 2 of the Regulations Governing the Distribution of Coal and Coke by Licensees under the President's Proclamation of Mar. 15, 1918.

WASHINGTON, D. C., September 14, 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 Rule 2 of the "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 hereby is amended to read as follows:

RULE 2. A licensee who acts as purchasing agent of coal for and by authority of a retail dealer or consumer without becoming the owner thereof may charge a purchasing commission not exceeding (a) the sum of fifteen (15) cents per ton of 2,000 pounds of bituminous coal, (b) five (5%) per cent of the delivered price of cannel coal and smithing coal when the latter is certified in writing by the retail dealer or consumer that such smithing coal is to be used for smithing purposes only, (c) 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 (d) 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 that such licensee may add to such purchasing commission five (5) cents per ton of 2,240 pounds of anthracite coal when such licensee incurs the expense of rescreening such coal at Atlantic or Lake ports for transshipment by water.

The combined purchasing commissions of any number of licensees who act for a retail dealer or consumer in the purchase of a given shipment or shipments of coal shall not exceed the commissions herein allowed for one licensee. No licensee shall charge any purchasing commission as purchasing agent of coke for a retail dealer or consumer. Any coal or coke purchased by a licensee for any consumer or retail dealer may be charged and invoiced to such licensee as agent.

The above order effective this 16th day of September, 1918, at 7 a. m.

H A. GARFIELD, United States Fuel Administrator.

Notice, dated Oct. 9, 1918, from the Chairman of the License Board of United States Fuel Administration to All Licensed Distributors of Coal and Coke that pending Investigation no Additional Distributors' Licenses Will be Issued.

WASHINGTON, D. C., October 9, 1918.

To all Licensed Distributors of Coal and Coke:

Since the adoption by the Fuel Administration of the purchasing agent's commission plan, the number of distributors of coal and coke has increased almost 200%. It is believed that many of those who have embarked in the business of distributing coal and coke since the adoption of this plan contribute neither skill, experience nor anything else of value to the distribution of coal and coke in a manner necessary to the successful prosecution of the war. Notice is hereby given that pending an investigation of this situation no additional licenses to distribute coal and coke will be issued by the United States Fuel Administrator.

Section 3.-Miscellaneous Orders and Regulations Relating to Jobbers'

Margins and Distributors' Commissions.

Order of the United States Fuel Administrator of Jan. 3, 1918, Effective Jan. 8, 1918, Authorizing the New England Fuel Administrator to Allow on Coal Consigned to him, a Charge of 15 Cents per Ton for Compensation and Expenses of the Agency Selected by him to Resell and Distribute said Coal.1

WASHINGTON, D. C., January 3, 1918. It appearing to the United States Fuel Administrator that the amount of free or spot bituminous coal presently available in New England for the use of various consumers engaged in the production of munitions and other supplies for the United States Government, or conducting activities, especially public utilities, the uninterrupted operation of which is essential to the necessary efficiency of various industrial plants engaged in such production for the United States Government, and that there is danger of interruption or curtailment in the operations of such industrial plants. and public utilities unless an additional supply of bituminous coal can be immediately furnished for New England use, and that for the efficient prosecution of the

1 This order was amended by orders dated January 12, 23, 26, February 8, and March 7, 1918. Inasmuch as the order and amendments were vacated by order of May 2, 1918, for which see infra, this section, the amendments have been omitted.

war it is necessary at this time to regulate the production, sale, shipment, distribution and apportionment of coal in the method and manner and to the extent hereinafter indicated;

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 Executive 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;

(2) Said New England Fuel Administrator is hereby authorized to direct the resale and distribution of all coal consigned to and received by him under the provisions of this order to and among such consumers and users of bituminous coal 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 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 15 cents per ton for the compensation and expenses of the persons and agents so selected by him.

(3) This order shall become effective January 8th, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of May 2, 1918, Effective May 8, 1918, Cancelling the Order of Jan. 3, 1918, and all Amendments thereof, Relative to the Consignment of Coal to the New England Fuel Administrator.

WASHINGTON, D. C., May 2, 1918.

It appearing to the United States Fuel Administrator that in view of the adoption and inauguration of the zone system, so-called, regulating the production and transportation of coal, and of the adoption of the system of district representatives for facilitating the filling of emergency and other essential requirements for bituminous coal from the different producing fields, a continuance of the order, dated January 3, 1918, issued by the undersigned, in aid of the emergency supply of bituminous coal for New England, is no longer necessary,

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 dated January 3, 1918, entitled "Order relative to an emergency supply of bituminous coal for use in the New England States," and the various orders for the modification of said order, respectively dated January 23, 1918, January 26, 1918, February 8, 1918, and March 7, 1918, be and hereby they are cancelled, and that this order shall become effective on May 8, 1918. H. A. GARFIELD,

United States Fuel Administrator.