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Order of the United States Fuel Administrator of June 12, 1918, Authorizing the New

England Fuel Administrator to Allow, on Coal Consigned or Diverted to him, a Charge of 15 cents per Ton for Compensation and Expenses of the Agency Selected to Resell and Distribute said Coal.

WASHINGTON, D. C., June 12, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign or to divert bituminous or anthracite coal to the New England Fuel Administrator for distribution by him among consumers,

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 Executive Orders 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 at any time and from time to time,

The New England Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively 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 making such resale and distribution said New England Fuel Administrator shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of. 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 not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating, as of Nov. 21,

1918, the Order of June 12, 1918, relative to Coal Consigned or Diverted to the New England Fuel Administrator.

WASHINGTON, D. C., November 20, 1918. The United States Fuel Administrator, acting upon 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 June 12, 1918, entitled “Order Relative to Coal Consigned or Diverted to the New England Fuel Administrator," be, and the same hereby is, vacated and set aside as of November 21, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of June 13, 1918, Effective 7 A. M., June

15, 1918, Authorizing the Maryland Fuel Administrator to Allow, on Coal Consigned or Diverted to him, a Charge of 15 cents per Ton for Compensation and Expenses of the Agency Selected to Resell and Distribute said Coal."

WASHINGTON, D. C., June 13, 1918. It appearing to the United States Fuel Administrator that it is desirable from time to time to consign coal to, or to divert coal to, by, or through, the Maryland State Fuel Administrator for distribution by him among customers and dealers,

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 Executive Orders 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 at any time and from time to time:

1. That coal consigned to, or diverted to, by, or through the State Fuel Administrator of Maryland at or west of the Cumberland Gateway is not "diverted coal" within the meaning of the order of the Fuel Administration of January 14th, 1918 (Publication No. 14), and shippers of such coal are not entitled to collect the 15 cents per ton permitted by said order as a re-handling charge.

2. That the Maryland State Fuel Administrator is hereby authorized to direct the resale and distribution of all coal requisitioned for or consigned or diverted to and received by him, under the provisions of any orders of the United States Fuel Administration, to and among such consumers and users of bituminous or anthracite coal respectively in the State of Maryland 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 the State of Maryland or any part thereof, in performing their part in the conduct of the

In making such resale and distribution, the State Fuel Administrator of Maryland shall first see that the needs and requirements of consumers entitled to preference in the supply of fuel under the orders of the Priorities Board are suitably taken care of. In connection with such distribution, said Maryland State 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 not exceeding 15 cents per ton for the compensation and expenses of the persons and agents so selected by him. This order shall become effective at 7 A, M., on the 15th day of June, A. D. 1918.

H. A. GARFIELD,
United States Fuel Administrator,

By Cyrus GARNSEY, Jr.,
Assistant United States Fuel Administrator.

war.

Order of the United States Fuel Administrator of Nov. 20, 1918, Vacating, as of Nov. 21,

1918, the Order of June 13, 1918, relative to Coal Consigned to, or Diverted to, by, or through the Maryland Fuel Administrator.

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,

1 See this order and note thereunder in Chapter III, Title VII, Section 1.

Hereby orders and directs that the order of said Administrator, dated June 13, 1918, entitled “Order Relative to Coal Consigned to, or Diverted to, by, or through, the Maryland Fuel Administrator," be, and the same hereby is, vacated and set aside as of November 21, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Feb. 25, 1918, Issued as Publication

No. 15 (Revised), Amending the Order of Dec. 13, 1917, and Prohibiting the Addition of the Jobber's Margin to the Premium for Export and Bunker Coal.

WASHINGTON, D. C., February 25, 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 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 order of the United States Fuel Administrator dated December 13, 1917, and entitled "Relative to prices for coal for foreign bunkering purposes and export cargoes,” is hereby amended to read as follows:

*

4. In settling the price of coal for foreign bunkering or export purposes, no jobber's margin or other commission in addition to the $1.35 per ton provided in the order shall be added to the price of the coal.

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*

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Jan. 14, 1918, Effective 7 A. M., Jan. 15, 1918, Relative to Jobber's Margins on Diverted Coal."

WASHINGTON, D. C., January 14, 1918. All shipments of coal, whether f. o. b. mines or otherwise, and all shipments of coke f. o. b. ovens or at place of storage or otherwise shall be made subject to the diversion of such coal or coke by the United States Fuel Administrator or any persons acting under his authority, to any persons or consumers, and for any of the purposes heretofore or hereafter authorized by him. The title of the purchaser, consignee, or consumer, in the case of any such shipments of coal or coke, which by custom or law might become vested at the time and place of such shipment, shall from and after the effective date hereof be subject to the condition that the coal or coke so shipped may be diverted as aforesaid, and that in case of any such diversion, the title and interest of such purchaser, consignee, or consumer with respect to any coal or coke so diverted shall be completely divested and terminated and his liability to pay therefor shall cease. The person or consumer to whom any such coal or coke is diverted shall become liable as of the time of such diversion to pay to the shipper thereof the price in force at the date of shipment as fixed therefor by or under authority of the President of the United States, plus transportation charges thereon and plus a handling charge of 15 cents a net ton to cover costs of rebilling, collection, and replacement. If such handling charge is made, no jobber's commission shall be added to the mine's price. If the coal or coke so diverted was shipped under a valid and enforcible contract, the quantity thereof so diverted shall not be charged against the amount to which the contract applied. Effective at 7 a. m., on January 15, 1918.

H. A. GARFIELD, United States Fuel Administrator.

i For a fuller treatment of the subject of settlement for diverted coal see Chapter III, Title VII, Section 1, and notes.

Order of the United States Fuel Administrator of Nov. 20, 1918, Effective Nov. 21, 1918,

Vacating the Provision of the Order of Jan. 14, 1918, Allowing a Handling Charge of 15 cents per ton on Diverted Coal.

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 Settlements for Bituminous 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 Administrator 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.

TITLE X.

Orders and Regulations Relating to Retail Distribution.' Circular Letter, dated Dec. 22, 1917, from Walter E. Hope, Director of the Bureau of State Organizations, to State Fuel Administrators, Making Recommendations as to Methods to be Adopted by State Fuel Administrators to Regulate Retail Distribution.

WASHINGTON, D. C., December 22, 1917. To all State Fuel Administrators:

In many localities where shortages of coal exist, State Fuel Administrators have found it essential to put into operation a system to ensure an even distribution of the available supply. The system which appears to have met with the greatest success consists in limiting the supply sold to any one consumer and in requiring the consumer to make a signed statement, setting forth the amount he has on hand, the amount required, etc., and whether he has unfilled orders with other dealers. Wherever this system has been put in force there has been a marked decrease in the immediate demands for coal and the available supply has been distributed to those in pressing need.

We therefore urge you to put some system into effect in any community where a shortage exists, if indeed you have not already done so. We enclose for your information the form of blank in use for domestic consumers in the District of Columbia. You are, of course, entirely at liberty to alter this in any respect in order to conform to your local conditions. You will also use your discretion in determining the maximum amount to be delivered to any customer. If you require any further information with respect to the foregoing, we will be glad to furnish it upon receipt of a wire

from you.

FUEL ADMINISTRATION, By WALTER E. HOPE.

Letter dated Mar. 8, 1918, from Walter E. Hope, Director of the Bureau of State Organiza

tions, to all State Fuel Administrators, Explaining the Retail Distribution Plan for 1918.

WASHINGTON, D. C., March 8, 1918. To All State Fuel Administrators:

Enclosed herewith you will find a memorandum containing plan for retail distribution in 1918. You will realize that it is not possible to devise a plan which will satisfactorily meet all the differing conditions in various parts of the country. The enclosed plan, therefore is intended to be general in character, and subject to modification in

1 For order relating to Retailers' Gross Margins see Chapter II, Title VI. See also Chapter III, Title IX, Section 2, Note 29, as to the inclusion of a Purchasing Agent's Commission in the cost of coal for the purpose of determining the proper Retailer's Margin.

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