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local conditions, and take such action as to the maximum prices of gas coke in such district as shall seem to him reasonable.

7. The order of the United States Fuel Administrator dated July 31, 1918, entitled "Order of the United States Fuel Administrator Establishing Maximum Prices for Gas Coke," and all orders of said Administrator made prior to July 31, 1918, establishing prices of gas coke are hereby vacated and set aside as of the effective date of this order, but nothing in this order shall be held to annul or in any way affect the maximum prices established for gas coke produced at Evansville, Indiana, by order of said Administrator dated November 2, 1918, or the maximum prices established for gas coke produced in gas retorts in the State of Colorado (except at Colorado Springs) by order of said Administrator dated September 28, 1918, but said orders last mentioned shall continue in full force and effect. This order to be effective at 7 a. m., November 30, 1918.

H, A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Dec. 27, 1918, Effective 7 a, m., Jan. 1,

1919, Fixing Prices of Gas Coke.

WASHINGTON, D. C., December 27, 1918. It appearing to the United States Fuel Administrator that the order of said Administrator dated November 25, 1918, relative to the prices of gas coke should be revised,

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 gas coke may be sold at prices per ton of 2,000 pounds f. o. b. cars at the plant where the same is produced, not to exceed the following:

1. In those localities where anthracite coal is not obtainable by dealers, under the distribution plan of the United States Fuel Administration, and in those localities where anthracite coal is not in general use as a domestic fuel, the price per ton of 2,000 pounds of each grade of gas coke shall not exceed the base price for such grade as hereinafter in this paragraph specified, plus the lowest coke freight rate to the point where such plant is located, from any beehive coke operation. The base price for each grade shall be as follows: Run of retorts......

$5.50 Run of retorts screened above f-inch size.

6.00 Prepared sizes above f-inch size..

6. 50 Prepared sizes below 1-inch size.

4. 50 2. In localities where anthracite coal is obtainable:

(a) The price of each grade of gas coke hereinafter in this paragraph specified, when such coke is sold to dealers for distribution by them in less than carload lots, or for delivery direct to consumers for household purposes, shall not exceed the following: Prepared sizes above 4-inch..... The same price as the lowest price in

effect October 1, 1918, under the regulations of the United States Fuel Administraťor, per ton of 2,000 pounds, for stove anthracite f. o. b. cars at the mines in that district which takes the lowest freight rate to the point where the coke is produced, plus the said freight rate.

Run of retorts screened above 4-inch.... 25 cents less than the price of prepared

sizes above 4-inch. Run of retorts not screened..

75 cents less than the price of prepared

sizes above 4-inch. Provided, however, that in case of sales by the producer of such coke in less than car lots for delivery direct to consumers for household use, such producer may add to the prices above specified the retailer's margin fixed by the Local Fuel Administration for retail sales of coke in the district where such coke is produced.

(b) The prices of gas coke sold for purposes other than those specified under (a) shall not exceed those specified in paragraph 1 hereof.

3. The price of breeze shall hot exceed one-half the price established by paragraph 1 hereof for run of retort coke unscreened made in the gas retorts where such breeze is produced.

The term “breeze" shall be construed to include:

(a) All small coke that is left after loading coke into cars by means of forks if shipped without further screening or sizing.

(6) Any portion of this coke that is left after removing prepared sizes.

(c) Any undersized coke that is left after removing the metallurgical coke, the foundry coke, or the prepared sizes by screening.

4. The maximum prices hereby established shall apply to sales of car lots to consumers or to dealers for wagon delivery. Any commissions to selling agents, or margins allowed to jobbers shall be paid by the vendor and shall not be added to such prices.

5. In cases where wagon deliveries of coke are made by the producer thereof, such reasonable charge for handling and delivery may be added to the prices hereby established as shall be approved by the Federal Fuel Administrator for the State in which such coke is produced, provided that no such charge shall be added by any producer to the price of any coke where a retailer's margin is added to such price as provided in paragraph 2 hereof.

6. In any district where a maximum price established by this regulation shall appear to the Federal Fuel Administrator for the State in which such district is located to be unreasonable on account of local conditions, he shall so report to the United States Fuel Administrator, who will thereupon cause an investigation to be made of such local conditions, and take such action as to the maximum prices of gas coke in such district as shall seem to him reasonable.

7. The order of the United States Fuel Administrator dated November 25, 1918, relative to prices of gas coke, and all orders of said Administrator made prior to November 25, 1918, establishing prices of gas coke, are hereby vacated and set aside as of the effective date of this order, but nothing in this order shall be held to annul or in any way affect the maximum prices established for gas coke produced at Evansville, Indiana, by order of said Administrator dated November 2, 1918, or the maximum prices established for gas coke produced in gas retorts in the State of Colorado by order of said Administrator dated November 25, 1918, but said orders last mentioned shall continue in full force and effect. This order to be effective at 7 a. m., January 1, 1919.

H. A. GARFIELD,
United States Fuel Administrator.

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

Order of the United States Fuel Administrator of Dec. 27, 1918, Effective Jan. 1, 1919,

Fixing Prices of By-product Coke when Sold to Dealers for Distribution in less than Carload Lots, or for Delivery Direct to Consumers for Household Purposes.

WASHINGTON, D. C., December 27, 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 in localities where anthracite coal is obtainable, the prices of by-product coke, when sold to dealers for distribution by them in less than carload lots, or for delivery direct to consumers for household purposes, shall not exceed the maximum prices established for the corresponding sizes and grades of gas coke sold to dealers for distribution in less than carload lots and to consumers for household purposes, as established by the order of said Administrator relative to the prices of gas coke, of even date herewith. This order shall be effective January 1, 1919.

H. A. GARFIELD,
United States Fuel Administrator,

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

Section 2. Miscellaneous Orders Relating to the Production and Dis

tribution of Coke.

Order of the United States Fuel Administrator of Dec. 27, 1917, Directing that Deliveries

of Coke Made after Dec. 31, 1917, Under Contracts Entered into on or after Sept. 24, 1917 (the Date of the Executive Order of the President Approving the Price of Coke as Determined by the War Industries Board), Shall be made at a Price Not in Excess of the Maximum Prices Established by the United States Fuel Administrator.1

WASHINGTON, D. C., Dec. 27, 1917. 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 referred to and approved August 10, 1917,

Hereby orders and directs, That no producer or vendor of coke shall ask, demand, or receive a higher price than the maximum price established by order of the Fuel Administrator for any coke delivered after December 31, 1917, on contracts or sales made on or after September 24, 1917.

H. A. GARFIELD,

United States Fuel Administrator. Order of the United States Fuel Administrator of May 7, 1918, Effective May 15, 1918,

Regulating the Distribution and Apportionment of Coke Produced in New England and in Maryland, New Jersey, New York, Pennsylvania and West Virginia.

WASHINGTON, D. C., May 7, 1918. It appearing to the United States Fuel Administrator that it is essential to the national security and defense, the successful prosecution of the war, and the support and maintenance of the army and navy, that the greatest possible supply of coke should be produced in the United States; that such production, even though all other conditions necessary therefor are present and capable of employment, is, because of the location on the ovens and the nature of the commodity, limited in

1 For other orders relating to contracts for the sale of coke, see Chapter II, Title V.

part by the capacity of existing transportation facilities for the movement of the cuke from points of production to points of delivery and consumption; that the amount of production, notwithstanding a continuance of the other present favorable conditions therefor, can be immediately increased by means of the greater utilization of coke cars, locomotives and other railroad facilities; and that among such means are the elimination of unnecessarily long hauls and of avoidable cross hauls of loaded and empty coke cars, and the provision of the necessary supply of such coke for each consuming section of the country from the coke ovens nearest thereto, or most readily accexsible thereto, either in actual distance or in the freedom from congestion and delays in rail movements between such coke ovens and such section; and that apportionment of the coke will facilitate the movement of coke, tend to prevent either locally or generally scarcity thereof, and is necessary for the production of a sufficient quantity of coke to aid in the successful prosecution of the war,

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 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 revocation or modification by him from time to time and at any time hereafter:

(1) Producers (which term shall include every person, firm, corporation or association operating as owner, lessee or purchaser of the entire output of the oven) of coke in any of the New England States, viz: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, shall not, except as hereinafter provided, sell, ship and distribute such coke to dealers and consumers for use and consumption within that section of the United States described as all points (except Albany, Cohoes, Green Island and Troy, N. Y.) west of the east bank of the Hudson River south of Troy, N. Y., and west of the line of the Delaware and Hudson Company from Troy, N. Y., to Rouses Point, N. Y., including branches when forwarded for all-rail transportation and delivery; and

(2) Producers (which term shall include every person, firm, corporation or association operating as owner, lessee or purchaser of the entire output of the oven) of coke in any of the States of Maryland, New Jersey, New York, Pennsylvania and West Virginia, shall not, except as hereinafter provided, sell, ship and distribute such coke to dealers and consumers for use and consumption within that section of the United States described as the New England States, viz.; Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, when forwarded for allrail transportation and delivery:

Provided, however, that this order shall not apply on petroleum coke and that section “(2)” hereof shall not apply on crushed coke for domestic use.

Wherever any boundary described in this order follows a line of railway, the consuming zone shall include all places usually taking deliveries of coke from points on the portion of the line of railway included in such boundary or within switching limits of other railway lines connecting therewith. This order shall be effective on and after May 15, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of Nov. 25, 1918, Vacating, as of Dec. 1,

1918, the Order of May 7, 1918, Restricting the Distribution of Coke produced in New England and in Maryland, New Jersey, New York, Pennsylvania, and West Virginia

WASHINGTON,

D. C., November 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 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 May 7, 1918, entitled “Order Regulating the Production, Sale, Shipment, Distribution, and Apportionment of Coke and the Method of such Production, Sale, Shipment, Distribution, and Apportionment hy all Producers of Coke Operating in the New England States and the States of Maryland, New Jersey, New York, Pennsylvania, and West Virginia," be, and the same hereby is, vacated and set aside as of the first day of December, 1918.

H. A. GARFIELT, United States Fuel Administrator.

Order of the United States Fuel Administrator of June 12, 1918, Requiring Manufac

turers, Jobbers, Dealers and Distributors of Coke to Make Report in regard to, and File Copies of all Contracts for the sale of Coke in Force Dec. 29, 1917.

WASHINGTON, D. C., June 12, 1918. It appearing to the United States Fuel Administrator that in order to more efficiently distribute coke to manufacturers and industries necessary for the successful prosecution of the war that all manufacturers, jobbers, dealers; and distributors of coke be required to make a report of all contracts covering the sale of coke and to file with the United States Fuel Administration copies of all written contracts and affidavits concerning all oral contracts pertaining to the sale of coke, to be delivered on or after December 29, 1917, and claimed to be bona fide in character and enforcible at law and existing prior to the 29th day of December, 1917,

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 all manufacturers, jobbers, dealers, and distributors of coke be and they are hereby required to file with the Contract Section of the Legal Division of the United States Fuel Administration, Washington, D. C., within ten days after the receipt of a copy of this order the following, viz:

1. Exact copies of any and all documents relating to the sale of coke, which it is claimed constitute bona fide contracts enforcible at law and existing prior to December 29, 1917, for the delivery of coke on or after said date.

2. Affidavits by both the seller and purchaser or by some person or persons having authority to act for such seller and purchaser, respectively, setting forth therein all the terms and provisions of any alleged oral contracts claimed to be bona fide in character and enforcible at law and in existence prior to December 29, 1917, for the delivery of coke on or after said date.

3. A report in writing of all contracts existing prior to December 29, 1917, both written and oral, and claimed to be bona fide in character and enforcible at law, pertaining to the sale of coke to be delivered on or after said date, setting forth therein:

a. The names and addresses of the seller and purchaser under each contract. b. Dates of execution or making and expiration of each contract.

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