FEDERAL REGISTER \ 1934 ^ VOLUM E 3 ^OAimo* NUM BER 158

Washington, Saturday, August 13, 1938

Rules, Regulations, Orders California, and Washington, at which CONTENTS times all interested persons in attend­ RULES, REGULATIONS, ORDERS ance at such hearing were afforded due T itle 7—A griculture: Page opportuity to be heard concerning the TITLE 7—AGRICULTURE Agricultural Adjustment Ad­ proposed marketing agreement and the ministration: AGRICULTURAL ADJUSTMENT proposed order; and Hops grown in Oregon, Cali­ ADMINISTRATION Whereas, the Secretary finds upon the fornia, and Washington; evidence introduced at the hearing and Order R egulating H andling in I nter­ order regulating handling the record thereof; state or F oreign Commerce, and Such o f______1979 (1) That, in order to give such hops a H andling as D irectly B urdens, O b­ Federal Crop Insurance Corpo­ purchasing power with respect to articles structs, or A ffects I nterstate or ration : that farmers buy equivalent to the aver­ F oreign Commerce, of H ops G rown in Wheat crop insurance, regu­ age purchasing power of such hops dur­ States of Oregon, California, and lations amended ______1987 ing the aforesaid base period, the aver­ W ashington T itle 11— A viation : age price received by the grower of such Bureau of Air Commerce: Whereas, under the provisions of Pub­ hops should have been approximately National Airport Corp., revo- lic Act No. 10, 73d Congress, as amended, 31.4 cents per pound of hops during the cation of order governing and as reenacted and amended by the 1937-38 m arketing season; use of Military Road Agricultural Marketing Agreement Act (2) That the average price received by (V a .)______1987 of 1937, as amended, (hereinafter re­ growers o f such hops fo r th e 1937-38 T itle 15— Commerce : ferred to as the “act”) it Is provided marketing season was 16.7 cents per National Bituminous Coal Com­ that the Secretary of Agriculture of the pound of hops; mission: United States (hereinafter referred to (3) That the average price per pound Minimum Price Area 1: as the “Secretary”) shall, subject to the of said hops received by growers during Minimum prices for kinds, provisions of said act, issue orders regu­ the period from 1928 to 1937 was sub­ qualities and sizes of lating such handling of certain agri­ stantially less than the purchasing power coal produced in the cultural commodities, including hops, as of such hops during the aforesaid base several districts of_____ 1988 is in the current of interstate or foreign period; Sale and distribution of coal commerce, or which directly burdens, ob­ (4) That, in the past, the lack of by code members of re­ structs, or affects interstate or foreign regulation of the shipment of hops pro­ spective districts of____ 1989 commerce in such commodities; and duced in the aforesaid States of Oregon, Weighted average of total Whereas, the Secretary having reason California, and Washington was an im­ costs of tonnage pro­ to believe that the issuance of an order portant (factor contributing toward un­ duced within______1987 would tend to establish and maintain stable marketing conditions for such T itle 24— H ousing Credit: such marketing conditions for hops hops and consequently depressed prices Federal Home Loan Bank grown in the States of Oregon, Cali­ to growers; Board: fornia, and Washington as would estab­ (5) That the regulation of shipments Bank Presidents’ C o u n c il, lish prices to the producers of such hops of hops by proration, as provided in name changed to Bank at a level that would give such hops a article IV of this order, subject to the Presidents’ Conference___ 1989 purchasing power with respect to arti­ terms and provisions contained in this Home Owners’ Loan Corpora­ cles that such producers buy equivalent order, will tend to prevent fluctuation of tion : to the purchasing power of such hops in prices to growers, and thereby establish Analysis and Review Section; the base period, August 1909-July, and maintain a more stable market for remittance by mortgagors 1914, did, pursuant to the provisions of said hops, tending to restore prices to and vendees______1990 the act and the regulations thereunder, growers of said hops to a level that will Assistant Treasurer to act on the 27th day of May, 1938, give notice have a purchasing power with respect as w ell as Treasurer______1990 of a hearing1 to be held at Santa Rosa, to articles that producers buy equivalent Prepayments and curtail­ California, on June 14, 1938, and in to the purchasing power of said hops in ments; funds received for Salem, Oregon, on June 17, 1938, and in the aforesaid base period; credit to loan accounts___ 1990 Yakima, Washington, on June 20, 1938, (6) That the method of regulating T itle 39— P ostal Service: on a proposed marketing agreement and shipments by proration among handlers, Post Office Department: a proposed order regulating the handling as provided in this order, is fair and Air Mail service under super­ of hops grown in the States of Oregon, equitable; vision of First Assistant (7) That the method of issuing in the Postmaster General_____ 1991 1 8 F. R. 1226 (D I). name of each grower an allotment cer- (Continued on next page) 1979 1980 FEDERAL REGISTER, Saturday, August 13, 1938

(9) That, as provided in this order, it signed by handlers who handled more - < * m \ is fair and equitable to require that, than fifty percent of such commodity subsequent to thirty days after the effec­ produced during the year of 1937; FEDERALÌMEGISTER tive date of this order, hops produced (2) That this order regulates the han­ _ - w - prior to the year 1938 may be handled, '( ft n r r o » dling of said hops in the same manner as pursuant to the provisions of such order, the said marketing agreement does, and only in event there shall have been is­ this order is applicable only to persons in Published by the Division of the Federal sued pursuant to the provisions of sec­ the respective classes of industrial and Register, The National Archives, pursuant to tion 5 of article IV of such order a commercial activities specified in the the authority contained in the Federal Register Act, approved July 26, 1935 (49 certificate or certificates covering such aforesaid marketing agreement; and Stat. L. 500), under regulations prescribed hops; Whereas, the Secretary finds and deter­ by the Administrative Committee, with the (10) That this order is limited in its mines that the issuance of this order is approval of the President. application to the smallest regional pro­ favored by producers of hops who, during The Administrative Committee consists of the Archivist or Acting Archivist, an officer duction area and regional marketing area the year of 1937, which the Secretary de­ of the Department of Justice designated by that is practicable; termines to be a representative period, the Attorney General, and the Public Printer (11) That the issuance of several or­ produced for market at least two-thirds or Acting Public Printer. The dally issue of the Federal R egister ders applicable to any subdivision of the o f the volume o f such commodity fo r mar­ will be furnished by mail to subscribers, free regional production and marketing areas ket within the production area specified of postage, for $1 per month or $10 per year; covered by this order will not effectively in this order; single copies 10 cents each; payable in ad­ carry out the declared policy of the act Now, therefore, it is ordered by the Sec­ vance. Remit by money order payable to Superintendent of Documents, Government with respect to establishing and main­ retary, acting under the authority vested Printing Office, Washington, D. C. taining such marketing conditions for in him by the act, that the handling of Correspondence concerning the publica­ hops as will reestablish prices to growers hops grown in the States of Oregon, Cali­ tion of the F ederal R egister should be ad­ dressed to the Director, Division of the that will give such commodities a pur­ fornia, and Washington, in the current of Federal Register, The National Archives, chasing power with respect to articles interstate or foreign commerce or so as Washington, D. C. that producers buy equivalent to the pur­ directly to burden, obstruct, or affect in­ chasing power of such commodity in the terstate or foreign commerce in such hops, aforesaid base period; from and after the date hereinafter speci­ CONTENTS—Continued (12) That there are no differences in fied, shall be in conformity to, and in the production and marketing of hops in compliance with, the terms and condi­ T it l e 45— S e c u r it ie s and E x - the production area covered by this order tions of this order. c h a n g e s : Page that make necessary different terms ap­ ARTICLE I.— DEFINITIONS Securities and Exchange Com­ plicable to different parts of such area; mission : (13) That the pro rata contribution of S e c t io n 1. Term s.—As used in this or­ Proxy rules amended______1991 handlers to the expenses of administra­ der: tive agencies created by such order, based 1. “Secretary” means the Secretary of NOTICES upon the quantity of hops handled as pro­ Agriculture of the United States. vided in this order, is fair and equitable; 2. “Act” means Public Act No. 10, 73d Interstate Commerce Commission: (14) That this order and all of the Congress, as amended, and as reenacted Applicants for admission to terms and provisions thereof are fair and amended by the Agricultural Mar­ practice before Commis­ and equitable and will tend to effectuate keting Agreement Act of 1937, approved sion ______1992 the declared policy of the act, with re­ on June 3, 1937, as amended as of the Securities and Exchange Commis­ spect to said hops grown in said area, effective date of this order. sion: by establishing and maintaining such 3. “Person” means individual, part­ Greene, Chester and Patton orderly marketing conditions therefor nership, corporation, association, or any Trust, withdrawal of appli­ as will establish prices to producers other business unit. cation for exemption______1993 thereof at a level that will give said 4. “Hops” means hops grown in the Gulf States Utilities Co’., order hops a purchasing power with respect State of Oregon, California, or Wash­ adopting report______1993 to articles that such producers buy ington. Market Street Railway Co., ex­ equivalent to the purchasing power of 5. “ 1938 hops” means hops grown in tension of unlisted trading such hops in the aforesaid base period the year 1938. privileges denied ------1993 and by protecting the interest of the 6. “ 1939 hops” means hops grown in West Ohio Gas Co., hearing____ 1993 consumer by (a) approaching such the year 1939. level of prices, which it is declared in 7. “Grower” means any individual the act to be the policy of Congress to (each member of a partnership), corpo­ tificate or certificates, as evidence of the establish, by a gradual correction of ration, association, or any other business respective grower’s salable allotment for the current level of prices at as rapid a unit, engaged in growing hops in the the respective year, as provided in this rate as the Secretary of Agriculture State of California, Oregon, or Wash­ order, is fair and equitable; deems to be in the public interest and ington, and includes any (a) grower (8) That, as provided in this order, itfeasible in view of the current consump­ operating his or its own land, (b) any is fair and equitable for the Control tive demand in domestic and foreign cash tenant, (c) any landlord with any Board, on receipt of satisfactory proof, markets, and by (b) authorizing no ac­ crop share renter or share cropper, and to issue in the name of any grower, who tion which has for its purpose the (d) any share renter or share cropper. by reason of a written contract executed maintenance of prices to producers 8. “Dealer” means any handler other prior to June 14, 1938, is legally obli­ above the aforesaid level which it is than a grower or brewer. gated to deliver, at a definite and stated declared in the Act to be the policy of 9. “Grower-dealer” means any han­ price, a definite and stated quantity of Congress to establish; and dler (other than a brewer) who is also a grower of hops. hops grown by the respective grower Whereas, the Secretary further finds: during 1938 to any other person, an ad­ IO! “ Brew er” means any person who ditional allotment certificate covering or (1) That the marketing agreement uses hops, or any product thereof, in the relating to the excess quantity, if any, regulating the handling of hops grown process of manufacturing any malt of the quantity of hops specified in such in the States of Oregon, California, and beverage. contract over and above the quantity Washington executed by him on August 11. “Handler” means any person who, represented by such -grower’s salable 11th, 1938, and upon which a public as or through a principal, agent, broker, allotm ent; hearing was held as aforesaid, was representative or otherwise, (a) markets FEDERAL REGISTER, Saturday, August 25, 1938 1981 or transports to market hops In the cur­ (5) B. D. McKelheer, Yakima, Wash­ be growers of hops in and residents of rent of interstate or foreign commerce, ington, and his alternate is E. J. Dupree, the State of Washington. The grower or so as directly to burden, obstruct, or Moxee City, Washington; members from each of said States shall affect interstate or foreign commerce, or (6) J. R. Rutherford, Yakima, Wash­ be selected by the Secretary from a group (b) purchases, takes consignment of, ac­ ington, and his alternate is J. J. Coplan, of two (2) nominees designated by the cepts delivery of in connection with a Orting, Washington; Advisory Committee for the respective purchase or sale (except as a common (7) Warren Brown, Ukiah, California, State, or the Secretary may select some carrier of hops owned by another per­ and his alternate is F. H. Spears, Guard­ or all of said grower members from son), or otherwise acquires, within Ore­ ian Building, Salem, Oregon; among other growers of hops in the gon, California or Washington, hops (8) Wilfred Rivard, Moxee C ity, respective States. from a grower or any other person, in Washington, and his alternate is William 3. Two (2) members of the Control the current of interstate or foreign com­ S. Walton, Ladd and Bush Bank, Salem, Board shall be selected by the Secretary merce, or so as directly to burden, ob­ Oregon; from a group of two (2) nominees des­ ignated by the six grower members of struct, or affect interstate or foreign Grower-Dealer Members commerce. the Control Board, provided for in para­ 12. “To handle” or “handling” means (9) Louis Lochmund, Salem, Oregon, graph 2 of this section, or the Secretary (a) to market or transport to market and his alternate is Leonard Richardson, may select some or all of said two mem­ hops in the current of interstate or for­ San Francisco, California; bers, provided for in this paragraph of eign commerce, or so as directly to bur­ (10) John I. Haas, Metropolitan Bank section 1, from among other persons. den, obstruct, or affect interstate or Building, Washington, D. C., and his al­ 4. One member of the Control Board, foreign commerce, or (b) to purchase, ternate is Fred J. Haas, Metropolitan selected subsequent to those designated take consignment of, accept delivery of Bank Building, Washington, D. C.; as the initial members, shall be desig­ in connection with a purchase or sale Brewer Members nated as a grower-dealer member and (except as a common carrier of hops shall reside in California, Oregon, or owned by another person), or otherwise (11) G. L. Becker, Ogden, Utah, and Washington and shall be selected by the acquire, within Oregon, California or his alternate is Charles Lick, Los An­ Secretary; the aforesaid member may be Washington, hops from a grower or any geles, California; the person nominated by means of an other person, in the current of inter­ (12) Arnold Blitz, Portland, Oregon, election, as provided for hereinafter, in state or foreign commerce, or so as di­ and his alternate is Peter Schmidt, which all and only such grower-dealers rectly to burden, obstruct, or affect inter­ Olympia, Washington; shall be entitled to participate, or the state or foreign commerce. (13) Paul Esselborn, Cincinnati, Ohio, Secretary may select said member from 13. “Control Board” means the Con­ and his alternate is Karl Schusler, San among other grower-dealers, or officers, trol Board provided for in and created Francisco, California; or employees thereof, residing in the pursuant to article n of this order. (14) G. O. Goerl, Oakland, California, aforesaid States. 14. “Managing Agent” means the and his alternate is Irving Solomon, 5. Three (3) members of the Control Managing Agent selected pursuant to Chicago, Illinois; Board, selected subsequent to those des­ article II of this order. ignated as the initial members, shall be Dealer Members 15. “Advisory Committee” means a selected by the Secretary from a group committee established pursuant to ar­ (15) Ludwig S. Lyon, 535 5th Avenue, of three (3) nominees designated by ticle m of this order. New York City, New York, and his alter­ means of an election, as provided for 16. “1938 fiscal year” means the pe­ nate is Franz Bing, 150 Nassau Street, hereinafter, in which all and only riod of time beginning on the effective New York City, New York; grower-dealers, residing outside of Ore­ date of this order and continuing until (16) Robert Oppenheim, 33 Water gon, California, and Washington, and all July 31, 1939; and the “ 1939 fiscal year” Street, New York City, New York, and dealers shall be entitled to participate, means the period of time beginning on his alternate is A1 Seidenberg, 17 Bat­ or the Secretary may select any or all August 1, 1939 and continuing thereaf­ tery Place, New York City, New York. of said members from among other such ter until this order terminates or is ter­ The aforesaid members shall serve for grower-dealers and dealers, or officers minated. a term ending on April 1,1939; Provided, or employees thereof: Provided, how­ 17. “Growers Allocation Committee” however, said members shall serve un­ ever, That one of the three members means the Growers Allocation Commit­ til their respective successors have been selected by the Secretary shall be a tee provided for in and created pursuant selected and qualified. The members of grower-dealer, or officer or employee to article n of this order. said Control Board selected subsequent thereof. to those selected for the aforesaid initial 6. Four (4) members of the Control ARTICLE n.— -ADMINISTRATIVE BODIES period ending April 1, 1938, shall be Board, selected subsequent to those des­ S e c t i o n 1. Control board.— 1. A Con­ selected in accordance with the provi­ ignated as the initial members, shall trol Board consisting of sixteen (16) sions of this article and shall serve be designated as brewer members, and members is hereby established to admin­ thereafter so long as this order remains shall be selected by the Secretary from ister the terms and provisions of this or­ effective. Any person selected as a a. group of four (4) nominees desig­ der as herein specifically provided. The member of a Control Board, including nated by means of an election, as pro­ original members and their respective but not being limited to those designated vided for hereinafter, in which all and alternates shall be as follows: herein as the original members, shall only brewers shall be entitled to partici­ Grower Members qualify by filing with the Secretary, or pate, or the Secretary may select some with the designated representative of or all of the said four members of the (1) A. S. Gibbens, Sacramento, Cali­ the Secretary, a written acceptance of Control Board from among other brew­ fornia, and his alternate is Paul Poster, the appointment. ers, or officers or employees thereof. Hopland, California; 2. Six (6) members of the Control 7. Nominees for the members of the (2) R, E. Oehlmann, Sebastopol, Cali­ Board, selected subsequent to those des­ Control Board (other than grower fornia, and his alternate is I. D. Wood, ignated as the initial members, shall be members referred to in paragraphs Santa Rosa, California; growers who are not grower-dealers; and numbered 2 and 3 of this section), se­ (3) W. H. Anderson, Eugene, Oregon, of said group of six members two (2) lected subsequent to those designated and his alternate is Fred Kaser, Silver- members shall be growers of hops in as the initial members, shall be selected ton, Oregon; and residents of the State of Oregon, by the above-designated groups in the (4) Romeo Gouley, Brooks, Oregon, and two (2) members shall be growers following manner: The Control Board, and his alternate is D. J. Collins, Inde­ of hops in and residents of the State of established and functioning pursuant to pendence, Oregon; California, and two (2) members shall the provisions of this order, shall sub- 1982 FEDERAL REGISTER, Saturday, A u g u st 23, 1938 mit to the Secretary, not later than occurs subsequent to April 1, 1939, oc­ or as the Secretary may request, and to February 1, 1939, regulations prescrib­ casioned by the failure of any person, file with the Secretary a copy of each ing the method or methods for the se­ selected as a member of the Control audit report made. lection of groups of nominees, as in Board or as an alternate, to qualify, or 7. To employ a Managing Agent who, this article provided, from which the the death, removal, resignation or dis­ during his employment as such, shall not Secretary may select the succeeding qualification of any qualified member be a grower, dealer, grower-dealer, or members and alternates of the Control or alternate, a successor for his unex­ brewer, nor in the employment thereof, Board; and, upon the approval of regu­ pired term shall be nominated and se­ and who shall serve as the secretary of lations prescribing the method or lected in the manner in this order the Growers Allocation Committee, and methods for selecting said groups of specified for the nomination and selec­ shall have such other duties as are speci­ nominees, which regulations shall as­ tion of the member or alternate thus to fied for him in this order or by the Con­ sure to all persons eligible to partici­ be succeeded. If such nomination for trol Board; and to employ such other pate in each such election adequate any such vacancy is not made within employees as the Control Board may opportunity to suggest condidates and twenty (20) days after the beginning deem necessary, and to determine the indicate preferences for such nominees of such vacancy, the Secretary may se­ salaries and define the duties thereof. and vote in accordance with the afore­ lect a member or alternate to fill such 8. To give to the Secretary, or his des­ said regulations, the Control Board vacancy without waiting for a nomina­ ignated representative, the same notice shall supervise and conduct said elec­ tion to be made. of meetings of the Control Board as is tions in accordance with the regulations Sec. 4. Compensation.— The member given to the members of the Control thus approved by the Secretary. of the Control Board, and their respec­ Board. 8. In the event that any of the groupstive alternates, shall serve without com­ 9. To defend all legal proceedings entitled hereunder to submit nominees, pensation, but shall be reimbursed for against any member, alternate, officer, as aforesaid, shall fail to make such expenses necessarily incurred in the per­ or employee of the Control Board arising nomination for any successor member or formance of their respective duties. out of an act or omission made in good alternate within twenty (20) days after Sec. 5. Powers.—The Control Board faith pursuant to the provisions of this the time fixed therefor by the Control shall have the following powers: order. Board as hereinbefore provided, the Sec­ 1. To administer, as herein specifi­ Sec. 7. P roced u re—1. The Control retary may select each such member or cally provided, the terms and provisions Board shall adopt rules and regulations alternate without previous nomination. of this order. governing its procedure and the perform­ Sec. 2. Alternates.—1. There shall be 2. To make administrative rules and ance of its duties under this order, and an alternate for each member of the regulations in accordance with, and to Shall select a chairman and such other Control Board. Each alternate shall be effectuate the terms and provisions of, officers as it may deem advisable. of the same qualifications, be nominated this order. 2. The Control Board shall not per­ and selected in the same manner, and 3. To receive, investigate, and report to form any of its powers or duties under hold office for the same term, as the the Secretary complaints of violations of this order while there are more than six member for whom he is alternate. An this order. (6) vacancies in its membership, not in­ alternate for a member of the Control 4. To recommend to the Secretary clusive of alternates. A quorum shall Board shall, in the event of such mem­ amendments to this order. consist of eleven (ll) members, or alter­ ber’s absence, act in the place and stead Sec. 6. D uties.—The duties of the Con­ nates or substitutes then serving in the of such member; and, in the event of trol Board shall be as follows: place and stead of any members, in at­ such member’s (a) removal, (b) resigna­ 1. To act as intermediary between the tendance at the meeting, and all deci­ tion, (c) disqualification, or (d) death, Secretary and any handler. sions of thej Control Board shall be made the alternate for said member shall, un­ 2. To keep minute books and records by not less than nine (9) affirmative til a successor for the unexpired term which will clearly reflect all of its acts and votes. of said member has been selected, act in transactions, and which shall be sub­ 3. The Control Board may provide for the place and stead of said member. ject at any time to examination by the voting by telephone, mail, or telegraph 2. In the event any member of theSecretary or his designated representa­ upon due notice to all members; and Control Board and his alternate are tive. any member voting by telephone shall both unable or fail to attend a meeting 3. To assemble data on the growing, promptly thereafter confirm in writing of the Control Board, any alternate for handling, shipping, and marketing con­ his vote so cast. any other member nominated by the ditions relative to hops; and to furnish to 4. The members of the Control Board, same group that nominated the absent the Secretary at his request such infor­ including successors and alternates, and member may serve in the place and mation as may be available to the Control any agent or employee appointed or em­ stead of the absent member and his al­ Board. ployed by the Control Board, shall be ternate; or in the event such other 4. To perform such duties as may be subject to removal or suspension by the alternate cannot attend, or there is no assigned to it from time to time by the Secretary at any time. Each regulation, such other alternate, then the absent Secretary in connection with the admin­ decision, determination, or other act of member, or, in the event of his disabil­ istration of Section 32 of the Act to Amend the Control Board shall be subject to the ity or a vacancy, his alternate, may the Agricultural Adjustment Act, and for continuing right of the Secretary to designate, subject to the approval of the other purposes, Public Act No. 320, 74th disapprove of the same at any time, and, Secretary, a temporary substitute to at­ Congress, approved August 24, 193S, as upon such disapproval, shall be deemed tend such meeting with the power to act amended. null and void except as to acts done in in the place and stead of that member. 5. To submit to the Secretary from reliance thereon or in compliance there­ Sec. 3. Vacancies.—To fill any va­ time to time, for his approval, a budget with prior to public announcement of cancy, which occurs prior to April 1, of its expenses, including but not being such disapproval by the Secretary. 1939, occasioned by the failure of any limited to the expenses of the Growers Sec. 8. Funds and other property.— person, selected as a member of the Allocation Committee and of the Advis­ Control Board or as an alternate, to ory Committees. 1. All funds received by the Control qualify, or the death, removal, resigna­ 6. To cause the books of the Control Board pursuant to this order shall be tion, or disqualification of any qualified Board to be audited by one or more com­ used solely for the purposes herein speci­ member or alternate, a successor for his petent accountants at least once each fied, and the Secretary may require the unexpired term shall be selected by the' fiscal year and at such other times as Control Board and its members to ac­ Secretary: and to fill any vacancy which the Control Board may deem necessary, count for all receipts and disbursements. FEDERAL REGISTER, Saturday, August 13, 1938 1983

2. Upon the death, resignation, re­ ARTICLE XXL— ADVISORY COMMITTEE the growers and grower-dealers in each moval, or expiration of term of any state under the supervision of the Man­ S e c t io n 1. Membership.— 1. A n A dvis­ member or employee of the Control ory Committee for each of the States of aging Agent or his designated represent­ Board, all books, records, funds, and Oregon, California, and Washington is ative, in which each grower and each other property in his possession belong­ hereby established, each of which com­ grower-dealer in that state shall have ing to the Control Board, or to which mittee shall consist of twelve (12) mem­ opportunity to participate. No delay in the Control Board is entitled to posses­ bers who shall be growers or grower- the selection of any member shall in­ sion, shall be delivered to the Control dealers engaged in growing hops in and validate such selection. Such elections Board, or to that member’s successor shall be residents of the State for which shall be conducted by districts, as fol­ in office, and such assignments and the respective Committee shall function. lows: other instruments shall be executed as 2. The initial members of each of said (a ) The Advisory Committee for the may be necessary to vest in the Control Advisory Committees, to serve until April State of Oregon shall, subject to dis­ Board, or in the successor of such mem­ 1,1939, and until their respective succes­ approval by the Secretary, delimit that ber or employee, full title to all such sors are selected and qualified, shall be state fairly and equitably into twelve books, records, funds, and other as follows: (12) election districts. Growers and property. grower-dealers who produce hops in any 3. The Control Board, with the ap­ (a ) Oregon Advisory Committee: such district shall be entitled to vote proval of the Secretary, may maintain Name Address for and select for that district one (1) in its own name, or in the names of its Ben Hilton-____ Route 2, Grants Pass, Ore­ member of the Advisory Committee. members, legal action against any gon. (b ) The Advisory Committee for the handler for the collection of that hand­ L. S. Christoffer. Box 366, Eugene, Oregon. State of California shall, subject to dis­ ler’s pro rata share of expenses which Wm. Krebs_____Route 1, Jefferson, Oregon. Romeo Gouley_ Route 1, Brooks, Oregon. approval by the Secretary, delimit that may be due under this order. Edw. Nowak— Route 1, Aurora, Oregon. state fairly and equitably into three (3) John Gooding.. St. Paxil, Oregon. S ec. 9. Growers allocation committee.— election districts. Growers and grower- 1. Hie initial members of the Control D. J. Collins___ Independence, Oregon. P. H. Hughes— Dallas, Oregon. dealers who produce hops in any such Board designated as grower members Fred Hartwick-. Banks, Oregon. district shall be entitled to vote for and and those designated as grower-dealer Fred Kaser_____ Route 3, Sllverton, Oregon. Urban Butscb__Route 1, Mt. Angel, Oregon. select for that district four (4) members members shall constitute the “Growers to the Advisory Committee. Allocation Committee.” The Commit­ Hobart Mitchell 633 S. E. Morrison Street, Portland, Oregon. (c) The Advisory Committee for the tee shall have such duties and functions State of Washington shall, subject to as are expressly specified in this order (b) California Advisory Committee: disapproval by the Secretary, delimit for said Committee and such other Nam e Address that state fairly and equitably into four duties and functions as may be incident A. A. Cassel mar Route 3, Box 2630, Sacra- (4) election districts. Growers and thereto. The Growers Allocation Com­ mento, california. mittee may incur only such expenses as Geo. D. Beitzel- Route 2, 0 k Grave, Califor­ grower-dealers who produce hops in any nia. such district shall be entitled to vote are authorized by the Control Board. Geo. E. M iller-. Box 1024, Sacramento, Cali­ for and select for that district three (3) The members of the Control Board se­ fornia. members of the Advisory Committee. lected, subsequent to the initial members, A. S. Gibbens— Route 5, Sacramento, Cali­ in accordance with the provisions of fornia. 4. At any such election each grower I. D. Wood_____ Route 1, Santa Rosa, Cali­ paragraphs numbered 2, 3, and 4 o f sec­ fornia. or grower-dealer shall, on behalf of him­ tion 1, article n hereof, and the grower- E. H. Peterson _ Route 2, Santa Rosa, Cali­ self, his agents, partners, affiliates, sub­ dealer member selected in accordance fornia. sidiaries, and representatives, cast only Everett Ballard. Route 1, Healdsburg, Cali­ with the provisions of paragraph num­ fornia. one (1) vote for each nominee for mem­ bered 5 of section 1, article n hereof, R.E. Oehlmann. RFD, Sébastopol, California. bership on the aforesaid Advisory Com­ shall constitute the Growers Allocation Paul Foster____ Hopland, California. mittee. No grower or grower-dealer Committee from and after April 1, 1939. Warren Brown-. RFD, U kl ah, California. F. E. Crawford- RFD, Ukiah, California. shall vote in more than one district in 2. The Growers Allocation Committee J. C. Johnson__ Ukiah, California. any one state, and, in the event he pro­ shall select one of its members as its duces hois in more than one district, he chairman and the Managing Agent shall (c) Washington Advisory Committee: shall vote in that district in which he serve as its secretary. It shall keep Nam e Address harvested the largest tonnage of hops proper records of all of its proceedings W. H. m u .___ Route 6, Yakima, Washing­ during the preceding crop year. The and shall adopt regulations governing its ton. Control Board shall prescribe and sub­ procedure. Each regulation, decision, J. R. Ruther­ Route 5, Yakima, Washing­ ford. ton. mit to the Secretary rules and regula­ determination, or other act of the Grow­ Dan McDonaid- Route 2, Wapato, Wàshing­ tions governing elections of Advisory ers Allocation Committee shall be sub­ ton. Committee members, which shall be­ ject to the continuing right of the Sec­ Albert Gam - Route 1, Toppenish, Wash­ come effective if not disapproved by the retary to disapprove of the samp at any ache. ington. Dave Cham- Route 1, Moxee City, Wash­ Secretary within twenty (20) days after time, and upon such disapproval, shall poxxx. ington. submittal to him. be deemed null and void except as to Everett Schott- Y akima, Washington. 5. Each member of an Advisory Com­ acts done in reliance thereon or in com­ Edward Mieras- Route 1, Yakima, Washing­ ton. mittee may designate in writing ad­ pliance therewith prior to public an­ Eizard Rabie___ Route 1, Moxee City, Wash­ dressed to the Memaging Agent a grower nouncement of such disapproval by the ington. or grower-dealer to act as his alternate Secretary. E. J. Dupree-__ Route 1, Moxee City, Wash­ at any meeting of the Advisory Com­ ington. 3. The alternate of each grower mem­ B. D. McKel- Route 1, Yakima, Washing­ mittee at which that member is not pres­ ber or grower-dealer member of the Con­ heer. ton. ent; such alternate must be a resident of trol Board shall also serve as the alter­ Julius Coplan__ Orting, Washington. tile state and district thereof in which nate of that member as a member of the P. N. Campbell- Route 1, Wapato, Washing­ the member resides. ton. Growers Allocation Committee, and shall 6. Any vacancy in the membership of have the same functions with regard to 3. The successors to the initial mem­an Advisory Committee shall be filled, the Growers Allocation Committee as bers of each Advisory Committee shall for the balance of the term of the mem­ such alternate has with regard to the be selected on or before March 31, 1939, ber whose place is vacant, by a grower Control Board under the provisions of and shall serve thereafter as long as this or grower-dealer, residing in the same section 2 of this article. order is effective, at elections held by district as that represented by the former 1984 FEDERAL REGISTER, Saturday, August 13, 1938 member, selected by majority vote of the ings together with its recommendation of respective grower during that year and, remaining members of that Committee. the maximum quantity of hops produced also, the aforesaid computation by the 7. Advisory Committee members may in the year 1939 which should, during the Growers Allocation Committee of the be reimbursed by the Control Board for effective period of this order, in order to total quantity of hops which will be all travel and other expenses necessarily effectuate the declared policy of the act, produced by all growers during the re­ incurred in the performance of their be marketed or transported to market in spective year; and the Growers Alloca­ duties. the current of interstate or foreign com­ tion Committee shall publicly announce Sec. 2. Functions.— 1. Each Advisory merce, or so as directly to burden, ob­ the aforesaid computation of the total Committee shall promptly nominate to struct, or affect interstate or foreign com­ quantity of hops which will be produced the Secretary a successor to any grower merce. For the purpose of obtaining by all growers during the respective from that State whose term on the Con­ additional information pertinent to the year. trol Board as a member or alternate shall determination of a salable quantity of 2. The Growers Allocation Committee expire or whose place on the Control 1939 hops, the Secretary shall hold a shall prescribe regulations, subject to Board for any reason may become va­ meeting or meetings, within the produc­ modification and approval by the Secre­ cant. Grower members of an Advisory tion area covered by this order, subse­ tary, which provide a reasonable means Committee, as well as other growers, quent to such notice as the Secretary may whereby any grower who may be dissatis­ shall be eligible for nomination by that deem proper. Thereafter, from the afore­ fied with such estimate of his production Advisory Committee to serve on the Con­ said estimates, data and recommendation of hops may protest to that committee trol Board. of the Control Board and such other in­ or its representative concerning that esti­ 2. Each Advisory Committee shall se­ formation as the Secretary may have, mate, and in the event of such protest lect from its membership a chairman the Secretary shall determine, fix, and such estimate shall be reconsidered by and a secretary, and shall keep proper announce, such maximum quantity of the Growers Allocation Committee and records of all of its proceedings. It hops produced in the year 1939 which revised to any such extent as the com­ shall hold meetings upon the call of may, during the effective period of this mittee may find to be proper. Such reg­ four (4) members, or upon the call of order, be marketed in or transported to ulations shall further provide a reason­ its chairman, or the Control Board, or any and all markets in the current of able means whereby such grower may the Managing Agent. Each Advisory interstate or foreign commerce, or so as appeal to the Secretary from the Growers Committee shall serve the Control directly to burden, obstruct, or affect in­ Allocation Committee’s final decision on Board in an advisory capacity, con­ terstate or foreign commerce ini such hops, said protest, and the Secretary’s deter­ cerning the administration of this order as he may deem to be proper in order to mination on such appeal shall be con­ in its State, and in general shall per­ effectuate the declared policy of the act; clusive. form such functions as the Control provided, however, hops may be handled 3. Upon expiration of such time for Board from time to time may specify. pursuant to certificates issued in accord­ protest as the Growers Allocation Com­ Each Advisory Committee may incur ance with paragraph 1, section 4 of this mittee may establish pursuant to the only such expenses as are authorized by article, and section 7 of this article. The preceding paragraph, and after comple­ the Control Board. aforesaid quantity shall be known, and is tion o f action by said Committee upon referred to hereinafter, as the “salable all protests as in said paragraph pro­ ARTICLE IV.— REGULATION OF DISTRIBUTION quantity of 1939 hops”. vided, the Growers Allocation Committee shall report to the Secretary all esti­ S e c t i o n 1. Limitation of total quan­ Sec. 2. Determination of quantity tity to be handled.—1. In order to ef­ available for sale by growers.— 1. The mates and computations made for or by fectuate the declared policy of the act, Growers Allocation Committee shall the Growers Allocation Committee pur­ and in consideration of the estimated estimate, or cause to be estimated under suant to this section, together with the consumptive demand for hops, the esti­ its supervision, as soon after the effect­ data on which the same were predicated. mated carryover of hops, and the esti­ ive date of this order in the year 1938 On the basis of such estimates, computa­ mated quantity of hops which will be and as soon after July 1, 1939, as the tions and data and any other pertinent produced during the year 1938, the max­ said Committee shall determine that the information which the Secretary may imum quantity of hops produced in the hop vines have reached-such a stage of have, the Secretary shall determine and year 1938 which may, during thei effec­ development that it is feasible to esti­ notify the Growers Allocation Committee tive period of this order, be marketed in mate the quantity of hops which will of (a) the estimated total quantity ol hops which will be produced during that or transported to any and all markets in be produced during the respective year,, year by each grower, and (b) the esti­ the current of interstate or foreign com­ the quantity of hops which will be pro­ mated total quantity of hops which will merce, or so as directly to burden, ob­ duced by each grower of hops dur­ be produced during that year by all struct, or affect interstate or foreign ing the respective year (which quantity growers. Thereupon, the Growers Allo­ commerce in such hops, shall be shall be deemed to constitute the quan­ cation Committee shall publicly an­ 28,500,000 pounds; provided, however, tity which will be available for sale by nounce the aforesaid determination of nothing contained in this paragraph the respective grower) and shall then estimated total quantity of hops which shall prevent the handling of hops pur­ compute the total quantity of hops will be produced during that year by all suant to certificates issued in accord­ which will be produced by all growers ance with paragraph 1, section 4 of this during the respective year (w hich -quan­ growers. Sec. 3. Allocation of Salable Quantity article, and section 7 of this article. tity shall be deemed to constitute the Among Growers.—1. The “salable per­ The aforesaid quantity of 28,500,000 quantity which will be evailable for sale centage” of the aforesaid estimated total pounds shall be known, and is referred by all growers). The aforesaid esti­ quantity of hops which will be produced to hereinafter, as the “salable quantity mated production shall be based upon during the respective year by all growers the producing acreage of hops during of 1938 hops”. Rhg.n be computed by dividing the sal­ 2. As soon after July 1, 1939, as may be the respective year and the estimated able quantity, fixed, in or pursuant to feasible, the Control Board shall estimate yield per acre thereon. In estimating section 1 of this article for the hops pro­ the quantity of hops which will be pro­ the yield per acre, due consideration duced in the respective year, by the duced during the year 1939, shall ascer­ shall be given to the age and condition aforesaid estimated total quantity of tain or estimate the total carryover of of the hop vines, the yield during recent hops which will be produced by all grow­ hops produced prior to 1938 and the years, and other factors pertinent to carryover, if any, of the salable quantity the current yield of said hop vines. The ers during that year. Each grower’s al­ of 1938 hops, and shall estimate the total Growers Allocation Committee shall lotment of said salable quantity shall be consumptive demand for hops. The Con­ cause to be mailed to each grower notice that same salable percentage applied to trol Board thereafter shall transmit to of the aforesaid estimate of the quantity that grower’s estimated production of the Secretary its said estimates and find­ of hops which will be produced by the hops during that year as determined FEDERAL REGISTER, Saturday, August 13, 1938 1985 pursuant to section 2 of this article. shall become null and void, except as tiie Secretary, relatiye to the certificates Such allotment shall be known as the to a bona fide purchaser of the hops covering said hops; provided, however, grower’s “salable allotment.” covered by such certificate, and any that the foregoing shall not apply to any 2. The Growers Allocation Committed handler, except as a bona fide purchaser grower’s uncertificated hops being pur­ shall notify each grower of his salable of the hops covered by such certificate, chased or otherwise acquired from the allotment computed by that committee who may obtain possession of such null grower thereof by another grower who as hereinbefore provided. Within ten and void certificate shall immediately has failed to produce and harvest his (10) days after the mailing to a grower, surrender the same to the Control Board. full salable allotment of hops and is pur­ as hereinbefore provided, of Jbis notice of Sec. 5. Certificates for old hops.— 1. chasing or acquiring said hops for the salable allotment, that grower may elect, The Control Board shall issue to any sole purpose of making up that de­ in writing delivered to the Growers Al­ person who may apply therefor in writ­ ficiency. location Committee, to have his salable ing to the Control Board within thirty S e c . 7. Emergency certificates.— In the allotment determined on the basis of the (30) days after the effective date of this event the Control Board at any time quantity of hops actually harvested by order, or within such other time as the shall find that no production estimate him during that year. In that event, Control Board may specify by and with has been made, or salable allotment de­ that grower’s salable allotment of the the approval of the Secretary, certificates termined, or allotment certificate issued, salable quantity applicable to hops pro­ covering hops, in Oregon, California, or for or to a grower entitled thereto by vir­ duced during that year shall be com­ Washington, owned or in the possession tue of the provisions of this order, the puted by applying the salable percentage of such person and produced prior to the Control Board shall immediately cause to the hops which the Growers Alloca­ year 1938. Each such certificate shall to be issued, and may be delivered, to tion Committee shall determine actually be so designated as to be distinguishable said grower the appropriate allotment are produced and harvested by that from allotment certificates issued for certificate to which the Control Board grower during that year. hops grown in the year 1938 or the year shall find that such grower is entitled S e c . 4. Allotment certificates.— 1. T h e 1939, and shall specify the year of pro­ according to the provisions of article IV Control Board shall issue in the name of duction and the quantity of hops pro­ of this order. If any grower is dissatis­ each grower certificates as evidence of duced prior to the year 1938 which are fied with the determination by the Con­ his salable allotment; and, also, the Con­ covered by such certificate, and shall be trol Board with respect to such emer­ trol Board shall, on receipt of satisfac­ in such form as the Control Board shall gency certificate, or the application for tory proof, issue in the name of any prescribe by and with the approval of an emergency certificate, such grower grower, who by reason of a written con­ the Secretary. The Control Board shall may appeal to the Secretary; provided, tract executed prior to June 14, 1938, is maintain an adequate and complete rec­ however, that such appeal must be taken legally obligated to deliver, at a definite ord of each such certificate issued and all promptly after the determination by the and stated price, a definite and stated pertinent facts relative thereto. Control Board. Upon an appeal as afore­ quantity of hops grown by the respective 2. No certificate issued pursuant to the said to the Secretary, the Secretary may grower during 1938 to any other person, provisions of this section shall be ac­ modify or cancel the issuance of an an additional allotment certificate cepted, used, disposed of, or transferred emergency certificate or may authorize covering or relating to the excess quan­ by any handler except in connection with the issuance of an emergency certificate. tity, if any, of the quantity of hops the hops to which, such certificate shall The authority of the Secretary to super­ specified in such contract over and above relate and pursuant to such regulations vise and control the issuance of emer­ the quantity represented by such grow­ as may be prescribed by the Control gency certificates is plenary and com­ er’s salable allotment. Each such cer­ Board, and approved by the Secretary, plete; and any determination made by tificate shall be known as an “allotment relative to'the acceptance, use, and dis­ the Secretary with respect to an emer­ certificate.” Each such certificate shall posal thereof ; and each handler acquir­ gency certificate, or application for an indicate the year of production and the ing, accepting, using, disposing of or emergency certificate, shall be final. quantity of hops covered thereby and transferring any such certificate shall ARTICLE V.— ASSESSMENTS shall be in such form as the Control render to the Control Board such report Board shall prescribe, subject to ap­ relative thereto, except as to the terms S e c t i o n 1. Expenses and assess­ proval by the Secretary. The Control of sale, as may be required by such ments.—1. The Control Board is author­ Board shall maintain adequate and com­ regulations. ized to incur such expenses as the Sec­ plete record of each such certificate Sec. 6. Limitation of handling to cer­ retary shall find may be necessary to issued and all pertinent facts relative tificated hops.—No person, as principal, perform the functions of the Control thereto. agent, broker, or otherwise, shall handle Board, Growers Allocation Committee, 2. Each allotment certificate issued hops for which certificates are required and Advisory Committees under this pursuant to this article may be delivered to be issued pursuant to this article un­ order. The funds to cover such expenses to tiie grower of the hops to which the less there shall have been issued pursu­ shall be acquired by the levying of as­ certificate is applicable. No such cer­ ant to this article an allotment certifi­ sessments as hereinafter provided. tificate shall be accepted, used, disposed i cate or allotment certificates covering or 2. Each handler of 1938 or 1939 hops, of or transferred by any handler except ! applicable to all of those hops, or, if the who is the first handler thereof, shall in connection with the hops to which the hops were produced prior to the year pay to the Control Board, upon its de­ same shall relate and pursuant to such 1938, a certificate or certificates issued mand, the assessment rate provided here­ regulations as may be prescribed by the pursuant to section 5 of this article, inafter in respect to such hops as are Control Board, and approved by the Sec­ except that hops produced prior to 1938 handled by such handler as the first retary, relative to the acceptance, use may be handled without respect to cer­ handler thereof ; provided, however, that and disposal thereof; and each handler tification during the thirty (30) days any grower who markets or transports to acquiring, accepting, using, disposing of immediately following the effective date market hops, produced by the respective or transferring any such certificate shall hereof, and, furthermore, unless each grower, within the State of production render to the Control Board such report bale of said hops shall have been marked shall not be deemed to be the first han­ relative thereto, except as to terms of or tagged in such manner as the Control dler of such hops insofar as the provi­ sale, as may be required by such regu­ Board, by regulations approved by the sions of this article may be concerned. lations. Secretary, may have prescribed for the Beginning with the effective date hereof, 3. On satisfactory proof that any cer­ purpose of identifying such hops with the assessment rate shall be one fourth tificate issued pursuant to this article has the certificate applicable thereto, and (% ) of one cent per pound, and such been lost or destroyed, the Control Board unless that handler shall comply with rate shall continue in effect until shall issue a new certificate in lieu there­ any such regulations of the Control changed by the Control Board with the of in which event the lost certificate Board, as may have been approved by approval of the Secretary; provided, 1986 FEDERAL REGISTER, Saturday, August 13, 1938 however, that the Secretary shall not ARTICLE VIL— AMENDMENTS Board or the joint trustees pursuant to this order. Any funds collected for ex­ approve an assessment rate which ex­ Section 1. Proposal.— Amendment of ceeds two-fifths (% ) of one cent per this order may from time to time be penses pursuant to article V of this order and held by such joint trustees or such pound unless he shall have held, prior proposed by the Control Board or by persons over and above amounts neces­ thereto and subsequent to such notice the Secretary. as he may deem proper, a meeting or sary to meet outstanding obligations and meetings within the production area ARTICLE v m .— AGENTS the expenses necessarily incurred by the joint trustees or such other person in the covered by this order for the specific S e c t i o n 1. Agents.—The Secretary purpose of obtaining information in re­ may, by a designation in writing, name performance of their duties hereunder, spect to such assessment rate. Any any person, including but not being lim­ shall, as soon as practicable after the change in the assessment rate shall not ited to any officer or employee of the termination of this order, be disbursed apply retroactively. A grower who, hav­ Government or any Bureau or Division among those handlers who have paid ing failed to produce his full salable al­ in the Department of Agriculture, to act their assessments in full, pursuant to this lotment of hops, purchases or otherwise as his agent or representative in connec­ order, pro rata in proportion to their contributions pursuant to this order. acquires uncertificated hops from the tion with any of the provisions of this grower thereof for the sole purpose of order. 2. Any person to whom funds, prop­ making up that deficiency shall not be erly or claims have been delivered by deemed to be the first handler of those ARTICLE rx.— EFFECTIVE TIME AND the Control Board or its members upon hops within the provisions of this ar­ TERMINATION direction of the Secretary as herein provided shall be subject to the same ticle. Section 1. Effective Time.— T h is o r­ 3. Upon the termination of this order der shall become effective at such time obligations and duties with respect to the net assets of the Control Board shall as the Secretary may declare above his said funds, property or claims as are hereinabove imposed upon the members be liquidated and disbursed pursuant to signature attached hereto, and shall the provisions of section 3 of article IX continue in force so long as the provi­ of said Board or upon said joint trustees. hereof. sions of the act authorizing it are in ARTICLE X.— DURATION OF IMMUNITIES 4. Prom the funds acquired pursuant effect, unless this order is terminated in to this article, the Control Board shall one of the ways hereinafter specified. Section 1. Duration of immunities.— pay the salaries of its employees and The benefits, privileges, and immunities S e c . 2. Termination.—1. The Secre­ the expenses necessarily incurred in the tary may at any time terminate this conferred by virtue of this order shall performance of the functions of the order. cease upon its termination except with Control Board, Growers Allocation Com­ 2. The Secretary shall terminate this respect to acts done under and during mittee and Advisory Committees. order whenever he finds that such ter­ the existence of this order. ARTICLE VI.— REPORTS, BOOKS AND RECORDS mination is favored by the majority of ARTICLE XI.— SEPARABILITY Section 1. Books and records.— Each the growers of hops who, during the handler and each subsidiary or affiliate preceding crop year, have been engaged Section 1. Separability.— If any pro­ thereof shall keep adequate books and in the States of Oregon, California, and vision of this order is declared invalid records which will clearly show the Washington in the production of hops or the applicability thereof to any per­ details of its handling of hops. for market, provided that such majority son, circumstance, or thing is held in­ valid, the validity of the remainder of Sec. 2. Reports to managing agent.— have, during such period, produced for To enable the Control Board, the Grow­ market more than fifty percentum this order or the applicability thereof ers Allocation Committee, or any Advi­ (50%) of the total volume of hops pro­ to any other person, circumstance, or sory Committee to perform its functions duced for market in said States during thing shall not be affected thereby. hereunder, each handler shall furnish to that period; but such termination shall ARTICLE XU.— DEROGATION the Managing Agent, in such form and become and be effective on and after at such times and substantiated in such the first day of July subsequent to the Section 1. Derogation.— Nothing con­ manner as shall be prescribed by the announcement thereof by the Secretary. tained in this order is, or shall be con­ Control Board, complete information re­ 3. This order shall terminate in any strued to be, in derogation or in modi­ lating to (a) the volume of hops han­ event whenever the provisions of the act fication of the rights of the Secretary or dled by the respective handler, (b) authorizing it cease to be in effect. of the United States (1) to exercise any names and addresses of the growers and Sec. 3. Proceedings after termina­ powers granted by the act or otherwise, other persons from whom hops were tion .—1. Upon the termination of this or (2) in accordance with such powers, purchased or acquired, (c) quantities of order, the members of the Control Board to act in the premises whenever such hops grown by that handler, and (d) then functioning shall continue as joint action is deemed advisable. the total quantity of hops owned by the trustees, for the purpose of liquidating ARTICLE xm .— LIABILITY OF CONTROL BOARD respective handler. Such information this order, of all funds and property then MEMBERS furnished to the Managing Agent shall in the possession or under the control be confidential and shall not be dis­ of the Control Board, including but not Section 1. Lia b ility .— No member of closed to any person (including mem­ being limited to claims for any funds the Control Board, Growers Allocation bers of the Control Board as well as unpaid or property not delivered at the Committee, or any Advisory Committee, other persons) except to the Secretary time of such termination. Said trustees nor any employee thereof, shall be held at his request, and except that the Man­ (a) shall continue in such capacity until liable individually in any way whatso­ aging Agent may compile such informa­ discharged by the Secretary, and (b) ever to any other person for errors in tion in such form as will not reveal the shall from time to time account for all judgment, mistakes, or other acts either identity of individual informants and receipts and disbursements or deliver of commission or omission as such mem­ may make such compilations available all funds and property on hand, together ber or employee, except for acts of dis­ to the Control Board, Growers Alloca­ with all books and records of the Con­ honesty. tion Committee or any Advisory Com­ trol Board and the joint trustees, to such In witness whereof, H. A. Wallace, mittee or to the public. Disclosures by person as the Secretary shall direct, and Secretary of Agriculture, acting under the Managing Agent of any information (c) shall, upon the request of the Secre­ the provisions of Public Act No. 10, 73rd acquired under this section, except as tary, execute such assignments or other Congress, as amended, and as reenacted herein expressly authorized, shall be instruments necessary or appropriate to and amended by the Agricultural Mar­ cause for his removal from office by the vest in such person full title to all of the keting Agreement Act of 1937, as Secretary. funds or claims vested in the Control amended, for the purposes and within FEDERAL REGISTER, Saturday, August 13, 1938 1987 the limitations therein contained and States in and to the land forming a part entitled proceedings, for the purpose of not otherwise, does hereby execute and of Military Road, Fort Myer Military carrying out the provisions of subsec­ issue in duplicate this Order under his Reservation, Arlington County, Virginia, tions (a) and (b) of Section 4, Part n, hand and the official seal of the United and further leased the remainder of said of the Bituminous Coal Act of 1937, and States Department of Agriculture, in the Military Road to the said National Air­ having thereafter, upon the 16th day of City of Washington, District of Colum­ port Corporation for a period of fifty June, 1938, directed that a hearing be bia, on the 11th day of August, 1938, years, and, held commencing on the 6th day of and declares this Order to be effective Whereas, it now appears that the July, 1938,1 at 10:00 A. M. in the Hear­ on and after 12: 01 a. m., eastern stand­ Order issued April 30, 1936,1 pursuant to ing Room of the Commission at 15th and ard time, August 15th, 1938. the provisions contained in the Act of Eye Streets, N.W., Washington, D. C., for [ s e a l ] H. A. W allace, March 2, 1936, governing the use of M il­ the purpose of receiving evidence relat­ Secretary of Agricvltvxe. itary Road for runway purposes, should ing to the weighted average of the total be revoked. costs per net ton of the tonnage of bi­ [F. R. Doc. 38-2356; Filed, August 12,1938; 12:46 p.m .] Now, therefore, pursuant to the au­ tuminous coal produced in the calendar thority contained in the Air Commerce year 1936, in each of Districts Nos. 1, 2, Act of 1926 (44 Stat. 568), as amended 3, 4, 5, 6, 7, 8, and so much o f D istrict by the Act of February 28, 1929 (45 Stat. No. 13 as is in Minimum Price Area 1, FEDERAL CROP INSURANCE 1404), the Act of June 19, 1934 (48 Stat. and evidence relating to any change or CORPORATION 1113), the Act of June 19, 1934 (44 Stat. changes in wage rates, horns of employ­ [F. C. L R.— Series 1, No. 1] 1116) and Sections 11 and 12 o f the A ct ment, or other factors, exclusive of sea­

A m e n d m e n t to R e g u l a t io n s R e la t in g of June 12, 1934 (48 Stat. 933, 937), I sonal changes, substantially affecting to W h e a t C rop I n s u r a n c e hereby declare said Order of April 30, costs, which may have been established 1936, to be revoked and henceforth to since January* 1, 1936 in each of said Part 5 of the “Regulations Relating be of no force and effect. districts, to enable the Commission to de­ To Wheat Crop Insurance” adopted by Approved, August 12, 1938. termine the weighted average of the total the Board of Directors on April 26, 1938, [ s e a l ] D a n ie l C. R o pe r , costs of the tannage for Minimum Price and approved by the Secretary of Agri­ Secretary of Commerce. Area 1 as adjusted, within the meaning culture on April 28, 1938,1 is hereby of Section 4, Part II, of the Act, and due amended by inserting between Sections [F. R. Doc. 38-2355; Filed, August 12,1938; 12:34 p. m.] public notice of said hearing having been 53 and 54 the following new section: given, and “S e c t io n 53A . Notwithstanding the This matter having been heard be­ provisions of Sections 52 and 53, for any TITLE 15—COMMERCE fore the Commission at the time and county where the data regarding yields place aforesaid, and all interested par­ o f wheat fo r th e period 1930-35 com­ NATIONAL BITUMINOUS COAL ties having been afforded an oppor­ piled in connection with wheat adjust­ COMMISSION tunity to be heard, and ment programs are not available for a [General Docket No. 15] The Commission being fully advised representative sample of the farms in O rder i n t h e M atter o f t h e E s t a b l is h ­ in the premises, and having made the county, the loss cost adjustment m e n t o f M i n i m u m P rices and M ar k e t­ “Findings of Fact and Conclusions”, figure and the adjusted average loss cost in g R u l e s and R e g u l a t io n s : I n re D e ­ which are filed herewith, per acre will be determined so as to termination o f W e ig h te d A verage of Now, therefore, Pursuant to Act of result in premium rates for farms in t h e T otal C o sts o f t h e T o n n a g e P ro­ Congress entitled “An Act to Regulate such county which the Corporation duced W i t h i n M i n i m u m P rice A rea 1 Interstate Commerce in Bituminous Coal, and for other Purposes” (Public, determines will be fair and just.” At a session of the National Bituminous No. 48, 75th Cong., 1st Sess.), known as Adopted by the Board of Directors on Coal Commission held at its offices in the Bituminous Coal Act of 1937, the July 25, 1938. Washington, D. C., on the 10th day of National Bituminous Coal Commission [ s e a l ] M . L. W il s o n , August 1938. Hereby Determines in conformity with Chairm an. The Commission, by its Order No. 240, the “Findings of Fact and Conclusions” dated April 19, 1938,2 having directed Approved, August 11, 1938. made and filed herein, that the each District Board to determine the weighted average of the total costs of H a r r y L . B r o w n , weighted average of the total costs of the the tonnage for Minimum Price Area 1, \,Acting Secretary of ascertainable tonnage produced within its in the calendar year 1936, adjusted so Agriculture. respective district in the calendar year as to give effect to any changes in wage 1936; and to adjust the average cost so [F. R. Doc. 38-2346; Filed, August 11,1938; rates, hours of employment, or other 1:11p.m .] determined as may be necessary to give factors substantially affecting costs, ex­ effect to any changes substantially af­ clusive of seasonal changes, reflecting fecting costs, exclusive of seasonal as accurately as possible any change or changes, which may have been established TITLE 11—AVIATION changes which have been established since January 1, 1936; and directing that since January 1, 1936, is as follows: BUREAU OF AIR COMMERCE such determinations be submitted to the R e v o c a t io n o p O rder G o v e r n in g t h e "Commission together with the computa­ Minimum Price Area 1 (Districts U se o f M il it a r y R oad for R u n w a y tions upon which they are based; and Nos. 1, 2, 3, 4, 5, 6, 7 and 8 ), $2.157 per P u r p o s e s b y t h e N a t io n a l A ir po r t D istrict Boards Nos. 1, 2, 3, 4, 5, 6, 7, net ton. C o r po r a tio n and 8 within Minimum Price Area 1, having made such determinations and It is therefore ordered, T h a t the Whereas, pursuant to the provisions weighted average of the total costs, as contained in the Act approved April 13, having submitted them together with the data upon which they were computed, to herein determined, shall be taken as the 1938 (Public No. 481, 75th Congress), basis, to be effective until changed by the Secretary of War, on May 16, 1938, the Commission, pursuant to said Order No. 240, and the Commission, for the proposal and conveyed by quit-claim deed to the Na­ establishment of minimum prices in ac­ tional Airport Corporation all of the The Commission, on the 25th day of May, 1938, having instituted the above cordance with further order of the Com­ right, title and interest of the United mission.

13 F. R. 1013 DI. 1 1 F. R. 404. 2 3 F. R. 935 DI. 13 F. R. 1457 DI. No. 158------a 1988 FEDERAL REGISTER, Saturday, August 13, 1938

It is further ordered, That the Sec­ Part n, Section 4 of the Act. The Mini­ suant to the rules and regulations herein retary of the Commission be and he is mum prices as approved or modified by shall be transmitted to each code mem­ hereby directed to cause forthwith a the Commission shall serve as the basis ber in the district not later than the date copy of this order to be mailed to the for the coordination provided for in sub­ of submission of the schedule of pro­ Secretary of each District Board and section (b) of Part n, Section 4 of the posed minimum prices to the Commis­ to the Consumers’ Counsel, and to cause Act. sion pursuant to Rule I hereof. a copy hereof to be published in the 2. That the procedure for the pro­ VI. Each district board submitting its F ederal R eg iste r ; and the Secretary of posal of minimum prices herein ordered schedule of proposed minimum prices to the Commission is further directed and directed shall be in accordance with the Commission pursuant to the require­ forthwith to cause to be made available the following rules and regulations, ments of Rule I hereof shall, at the time to the public the weight«! average fig­ which are hereby adopted and approved of making such submission, file with the ures of total costs determined as afore­ by the Commission therefor: Commission one hundred (100) full and said, and to place for public inspection Rules and Regulations for the Proposal complete copies of such schedule, as in each of the Statistical Bureaus with­ of Minimum Prices changed or corrected, for such use as the in the aforesaid Minimum Price Area 1 Commission may deem proper. and at the office of the Secretary of the l. Each district board, within 26 days V II. Each district board shall transmit Commission at Washington, D. C., three following the issuance of this order di­ to each other district board five (5) recting the district boards to propose (3) copies of this order and the “Find­ copies of its schedule of proposed mini­ ings of Fact and Conclusions” upon m inim um prices authorized by subsec­ mum prices at the time of filing with which the order is based, and one (1) tion (a) of Part n , Section 4 of the Act, the Commission pursuant to Rule I copy of the official transcript of the evi­ shall propose minimnm prices by submit­ hereof. ting to the Commission within said time dence upon which said “Findings of VIII. T h e m inim um prices proposed by a schedule of such proposed minimum Fact and Conclusions” are predicated. any district board shall conform to the By order of the Commission. prices together with all the data upon following standards therefor set out in Dated this 10th day of August, 1938. which they are computed, including, but subsection (a) of Part n, Section 4 of the without limitation, the factors considered A ct: [ s e a l ] F. W it c h e r M cC u l l o u g h , in determining the price relationship. Secretary. 3X All minimum prices proposed here­ a. They shall yield a return for the [F. R. Doc. 38-2348; Filed, August 12, under shall be f . o. b. transportation fa­ district equal as nearly as may be to the 1938; 10:24 a.m .] cilities at the mine, for the kinds, quali­ weighted average of the total casts, per ties and sizes of coal for which prices net ton, of the tonnage of the minimum are proposed. price area within which the district is included, as such weighted average of [Order No. 247] m . Each district board shall transmit its schedule of proposed minimum prices the tota l costs shall theretofore have been A n O rder D ir e c t in g t h e S everal D ist r ic t to each code member in the district at determined by the Commission pursuant B oards W i t h i n M in im u m : P rice A rea 1 least fifteen (15) days before the district to the provision of subsection (a) of Part t o P r o po se M i n i m u m P r ic e s fo r t h e board files such schedule with the Com­ n , Section 4 of the Act. K in d s , Q u a l it ie s and S ize s o f C oal mission pursuant to Rule I of these Rules b. Th ey shall reflect, as nearly as pos­ P roduced i n S aid D istr ic ts and Regulations. sible, the relative market value of the PROMULGATING AND APPROVING RULES AND IV. During the interim between trans­ various kinds, qualities and sizes of the REGULATIONS GOVERNING THE PROCEDURE mitting its schedule of proposed mini­ coal to which they are applicable. c. They shall be just and equitable as THEREFOR mum prices to each code member in the district and the filing thereof with the between producers within the district. Pursuant to Act of Congress entitled d. They shall have due regard to the Commission, each district board may “An Act to regulate interstate commerce interests of the consuming public. in bituminous coal, and for other pur­ make such changes or corrections in such schedule as in its judgment it deems e. They shall be just and equitable as poses” (Public, No. 48, 75th Cong., 1st between producers within the district, for Sess.), known as the Bituminous Coal Act proper. To this end, each district board may any kind, quality or size of coal for ship­ of 1937, the National Bituminous Coal m ent in to any consuming m arket area. Commission hereby orders and directs: arrange to receive protests of code mem­ bers within the district, conduct such f. They shall not permit dumping. 1. That each district board within the investigations and hold conferences or IX. Each price schedule submitted in area defined in said Act as Minimum Price hearings, as in the judgment of the dis­ conformity with Rule I hereof shall con­ A rea 1 (D istrict Nos. 1, 2, 3, 4, 5, 6, 7 and trict board will assist it in formulating tain an alphabetical list of code members. 8) shall forthwith proceed to consider and the schedule of proposed m inim um prices Opposite each code member’s name shall shall propose to the Commission mini­ in conformity with the requirements of be shown the name of the mine, the sub­ mum prices f. o. b. transportation facili­ subsection (a) of. Part n, Section 4 of district in which it is located, the seam ties at the mines for kinds, qualities and the Act. Any protests of code members or kind of coal produced and the price sizes of coal produced in said district by shall be filed with the district board classification (represented by an alpha­ code members, and to propose such classi­ within seven (7) days from the date of betical letter), in each size group (which fication of coal and price variations as to transmission of its schedule of proposed size group shall be represented by a num­ mines, consuming market areas, values as minimum prices to code members. ber) , for all sizes applicable to such group to uses and seasonal demand, as may be V. Any changes or corrections made that the mine is equipped to produce. deemed proper and within the Authority by a district board in its schedule pur­ As an example: conferred by said Act. A schedule of such proposed minimum Alphabetical list of code members showing price classifications by sizes for all uses prices, together with the data upon which except as separately shown they are computed, including, but without limitation, the factors considered in de­ Size groups termining the price relationship, shall be Company Mine Sub-district submitted to the Commission by each dis­ Seam 1 2 3 4 Etc. trict board within Minimum Price Area 1 (D istrict Nos. 1, 2, 3, 4, 5, 6, 7 and 8) on #8 A B C D E or before the 6th day of September 1938, Jones Coal Company______White______Coke______#6 B C B A B Red ...... Iron... ___ BE D C E A and after hearing the Commission may Williams Coal Company______.. Green______Glass______E G G G G G approve, disapprove or modify such pro­ posed minimum prices to conform with A—Represents the highest quality coal produced in the district for the use indicated. B—Represents the next highest quality coal. the requirements of subsection (a) of O—Etc. FEDERAL REGISTER, Saturday, A u g u st 23, 1938 1989

In addition thereto the district board consider and shall propose to the Com­ TITLE 24—HOUSING CREDIT may include a similar listing subdivided mission reasonable rules and regulations FEDERAL HOME LOAN BANK BOARD according to producing sub-districts or incidental to the sale and distribution according to any other subdivision de­ of coal by the code members of the re­ A m e n d m e n t t o R u l e s a n d R e g u l a t io n s sired. spective districts. fo r t h e F ederal H o m e L o a n B a n k Prices applicable to such classification Such proposed rules and regulations S y s t e m shnu be listed in a table similar to the shall not be inconsistent with the re­ follow ing: quirements of Section 4 of the Act and c h a n g in g t h e n a m e o f t h e b a n k p r e s i­ Size groups shall conform to the standards of fair d e n t ’s COUNCIL TO BANK PRESIDENT’S competition therein established. CONFERENCE Classification - 1 2 3 4 5 Etc. 2. Such proposed rules and regulations, together with a statement of the reasons Be it resolved, That pursuant to au­ therefor, shall be submitted to the Com­ thority vested in the Federal Home Loan A_ ...... 2.75 2.65 2.55 2.45 2.35 2.66 2.55 2.45 2.35 2.25 mission by each of the aforesaid district Bank Board by Section 17 of the Federal 2.55 2.45 2.35 2.25 2.15 boards on or before the 6th day of Home Loan Bank Act, as amended, (12 September 1938, in order that the Com­ U. S. C. 1437): Each schedule of proposed prices mission, after hearing, may approve, shall include the following clause: disapprove, or modify the same for the (1) The second sentence of paragraph purpose of coordination. “Note.—The prices in this schedule are a of Section 4,002 of the Rules and not the final minimum prices that will he 3. Each district board shall transmit Regulations for the Federal Home Loan established on coal for shipment by code such proposed rules and regulations to Bank System is hereby amended to read members within this district into consum­ each code member in its respective dis­ as follows: ing markets of this district. In the ulti­ trict at least fifteen days before said dis­ mate establishment of the effective mini­ mum prices, pursuant- to subsection (b ) of trict board files such proposed rules and “When in the opinion of the Board it Part II, Section 4 of the Act, the minimum regulations with the Commission, and is desirable to issue consolidated deben­ prices as proposed in such schedule, or as during the interim between the trans­ tures, the Board may direct the Gov­ modified, are subject to such increase or mittal of such proposed rules and regula­ decrease, respectively, as may be necessary ernor to submit, after such communica­ tions to the code members and the filing to carry out the provisions of subsections tion with the several Banks as may be (a) and (b) of Part II, Section 4 of the of same with the Commission, each dis­ Act.” trict board may make such changes in practicable, recommendations as to the The Secretary of the Commission is said proposals as in its judgment it may particulars of such issue, or may direct directed forthwith to publish a copy of deem proper, and to this end, each dis­ the Governor to convene the Bank this order and the rules and regula­ trict board may arrange to receive pro­ Presidents' Conference or submit such tions contained herein in the F ederal tests of its code members, conduct such question to the Federal Savings and R egister and to mail a copy o i this or­ investigations, conferences or hearings Loan Advisory Council for the purpose der andj the rules and regulations con­ as in its judgment will assist it in pro­ of making such recommendations.” tained herein to the Consumers’ Coun­ posing such reasonable rules and regula­ sel, to the Secretary of each District tions as will best serve to carry out the (2) Section 8.002 of the Rules and Board, and to each code member within purposes of the Act. Protests of code Regulations for the Federal Home Loan the Minimum Price Area named herein. members shall be filed with the district Bank System is hereby amended to read By order of the Commission. board within seven days from the date of as follows: Dated this 11th day of August, 1938. the transmittal to the code members. 4. Any changes made by a district “S e c t io n 8.002. Bank presidents’ con­ [ s e a l ] F . W it c h e r M cC u l l o u g h , Secretary. board in its proposed rules and regula­ ference.—There shall be a Bank Presi­ tions, after the time of such transmittal dents’ Conference which shall be com­ [F. R. Doc. 38-2349; Filed, August 12,1938; to the code members, shall be forwarded posed of the Presidents of the twelve 10:24 a. m.] to each code member in the district not banks. In the event the President of a later than the date of the submission bank is unable to attend a meeting of [Order No. 248] thereof to the Commission. the Conference he may designate an of­ 5. Each district board shall file with A n Order D irecting the Several D is­ ficer of that bank to represent him. The the Commission, at the time set forth trict B oards W ith in M in im um Price Bank Presidents* Conference shall meet in paragraph two hereof, one hundred Area 1 T o P ropose Reasonable R ules (100) copies of its proposed rules and the second Monday in each April and Oc­ and R egulations I ncidental to the regulations, and, at the same time, the tober or at such other time or times as Sale and D istribution of Coal b y the district board shall transmit to each of determined by the Governor, at the office Code M embers of the R espective D is­ the other district boards five copies of of the Governor, Federal Home Loan Bank tricts, in A ccordance W ith Subsec­ its proposals. Board Building, Washington, D. C. Said tion (a) Section 4, Part II of the 6. The Secretary of the Commission Conference may elect its own Chairman B itum inous Coal A ct of 1937 is directed to publish forthwith a copy and Secretary and may make recommen­ Pursuant to Act of. Congress entitled of this order in the F ederal R egister and dations to the Governor. Each bank is "An Act to regulate interstate com­ to mail a copy of this order to the Con­ authorized to pay the expenses of its rep­ merce in bituminous coal, and for other sumers’ Counsel, to the Secretary of each resentative to meetings of the Bank purposes” (Public, No. 48, 75th Cong., District Board, and to each code member Presidents’ Conference.” 1st sess.), known as the Bituminous within the minimum price area named Coal Act of 1937, the National Bitu­ herein. Adopted by the Federal Home Loan minous Coal Commission hereby orders By order of the Commission. Bank Board on August 9, 1938. and directs: Dated this 11th day of August, 1938. 1. That each district board within the [ s e a l ] F . W it c h e r M cC u l l o u g h , [ s e a l ] R . L. N ag le, Area defined in said Act as Minimum Secretary. Secretary. Price A rea 1 (D istricts Nos. 1, 2, 3, 4, 5, [F. R. Doc. 38-2350; Filed, August 12, 1938; 6, 7 and 8) shall forthwith proceed to [F. R. Doc. 38-2354; Piled, August 12,1938; 10: 24 a. m .) 12:26 p.m .] 1990 FEDERAL REGISTER, Saturday, A u g u st 13, 1938

HOME OWNERS’ LOAN CORPORA­ property sold by it and any other credits mine the terms and conditions for a TION to borrowers’ or vendees’ accounts other reinstatement of the loan or sale or a than repayments, are defined as “mis­ reacquisition of title by the home owner. A s s is t a n t T reasurer t o A ct as W e l l as cellaneous credits”, and the net amount The authority herein vested in the Gen­ T reasurer thereof shall be applied to the appro­ eral Manager may be exercised also by a m e n d in g t r e a su r y c h apter o f t h e priate account (principal, interest, ad­ the Regional Manager with the advice MANUAL vances or other sums owing to the Cor­ of the Regional Counsel or by the State Be it resolved, That pursuant to the poration) in such manner consistent Manager with the advice of the State authority vested in the Board by Home with law and the provisions of the loan Counsel under procedure and limitations Owners’ Loan Act of 1933 (48 Stat. 128, or sales instrument as the General Man­ prescribed by the General Manager with 129) as amended by Sections 1 and 13 ager, with the advice of the General the approval of the General Counsel. of the Act of April 27, 1934 (48 Stat. Counsel, shall direct. In cases where the home owner or 643-647) and particularly by sub-Sec- (Home Owners’ Loan Act of 1933 (48 other obligor has died, except in juris­ tions a and k of Section 4 of said Act Stat. 128, 129) as amended by Sections dictions where it is legally necessary to as amend«!, Section 7.01 of Part 7 of 1 and 13 of the Act of April 27, 1934 file a claim to protect the interests of Chapter IV of Title 24 of the Code of (48 Stat. 643-647) and particularly by the Corporation, the General Manager Federal Regulations, the same being sub-Sections a and k of Section 4 of shall determine whether a claim shall Section 701 of Chapter VH of the Man­ said Act as amended). be filed against the estate of the de­ ual relative to the Treasury Division be Adopted by the Federal Home Loan cedent.- Ordinarily probate claims will amended as follows: Bank Board on August 9, 1938. not be filed where it appears that any of the following circumstances obtain: The words “or- Assistant Treasurer” [ s e a l ] R . L . N agle, (a) That the account will be main­ shall be inserted immediately following Secretary. tained in good standing or satisfactory the word “Treasurer” wherever it ap­ [F. R. Doc. 38-2353; Filed, August 12,1938; payment made. pears in this section except in the first 12:26 p. m.] (b) That the assets of the estate are paragraph. insufficient or of such nature that they Adopted by the Federal Home Loan cannot be reached by a claim. Bank Board on August 9, 1938. A n a l y s is and R e v ie w S e c t io n ; R e m it ­ (c) That the satisfaction of a claim t a n c e b y M ortgagors a n d V e n d ees [ s e a l ] R . L . N ag le, from assets other than the security of Secretary. MANUAL AMENDMENT— HOUSING AND CREDIT the Corporation will deprive the family of its only means of livelihood or other­ [F. R. Doc. 38-2351; Filed, August 12,1938; CHAPTER 12:25 p.m .] wise result in extreme hardship. Be it resolved, That Section 2.03 (d) The General Manager shall refer the and 2.08 of Part 2 of Chapter IV of Title cases where he determines a claim should 24 of the Code of Federal Regulations P r e p a y m e n t s a n d C urtailments ; F u n d s be filed to the Legal Department, and and the corresponding Sections 203 (d) unless there are legal reasons which R ec e iv e d for C red it t o L o a n and 208 of Chapter H of the Manual, would make it inadvisable to file the A c c o u n t s are hereby amended to read as provided claim, the Legal Department shall pro­ m a n u a l a m e n d m e n t below, and ceed to file the same. S e c . 2.03 (d ) (M anual 203 (d)). Th e Be it resolved, That Sub-Sections 8.00 The authority herein vested in the Analysis and Review Section shall be re­ General Manager may be exercised also (h) and (1) of Part 8 of Chapter IV of sponsible for the consideration of cases Title 24 of the Code of Federal Regula­ by Regional, State or District Managers beyond the authority of Control Super­ under procedure and limitations pre­ tions, the same being Sub-Sections 800 visors, including cases o f serious tax de­ (h) and (1) of Chapter Vm of the scribed by the General Manager with linquency not being liquidated and the the approval of the General Counsel. Manual, are hereby amended to read as making of recommendations as to the follow s: Sec. 2.08 (Manual 208). It is the pol­ action to be taken. icy of the Corporation to endeavor to S e c t io n 800 (h). Prepayments and This Section shall review all cases have its mortgagors and vendees regu­ where contemplated advances would curtailments shall be applied to the larly remit their payments by mail to the account of a borrower or vendee in the affect the future servicing of the account, Regional Offices, but the General Man­ manner provided in the note or bond, except those where advances may be ager is authorized to establish or close mortgage, deed of trust, or contract held made by the State Manager without collection facilities in any office as he by the Home Owners’ Loan Corporation, prior authorization from the Regional may deem necessary. Instructions and or in such other m a n n e r as the borrower Manager, any matters concerning the procedure for such offices are included in or vendee directs under procedure pre­ Extension of Payments and all offers of Chapter VH of this Manual. scribed and approved, as provided in additional security. Be it further resolved, That this reso­ Section 800 (a). At any time prior to the acquisition lution shall become effective on Septem­ S e c t io n 800 (1). Funds received by of complete title by the Corporation, the ber 1, 1938. the Corporation for credit to its loan ac­ General Manager, with the advice of counts or to accounts owing to it by rea­ the General Counsel, may, on such (Home Owners’ Loan Act of 1933 (48 son of sales of acquired real property, terms and conditions as he may deter­ Stat. 128, 129) as amended by Sections from partial releases, grants of ease­ mine to be for the best interest of the 1 and 13 of the Act of April 27, 1938 (48 ments and flowage rights, insurance Corporation, including the cancellation Stat. 643-647) and particularly by sub- losses, mineral deeds, transactions af­ of tiie old indebtedness and the taking Sections a and k of Section 4 of said fecting oil, gas or mineral interests, sales of new loan or sales instruments where Act as amended). of timber, condemnation awards under necessary, provided no loss to the Cor­ Adopted by the Federal Home Loan decree or judgment of a court or by poration is involved in the transaction, Bank Board on August 10, 1938. agreement, substitution of security, ad­ direct that foreclosure proceedings or [ s e a l ] R . L. N agle, ditional security, other transactions negotiations for a deed in lieu of fore­ Secretary. which otherwise reduce or diminish the closure be suspended or withdrawn, and [F. R. Doc. 38-2352; Filed, August 12,1938; security held by the Corporation or the with like advice may arrange and deter­ 12:25 p.m .] FEDERAL REGISTER, Saturday, August 13, 1938 1991

T IT L E 39—POSTAL SERVICE may be applicable in the particular case: make the specification provided for Provided, however, Th at— above, or with respect to matters not POST OFFICE DEPARTMENT (a) Except as to item 1 (a) of Sched­ known or determined at the time of the [Order No. 11979] ule 14A, no statement need be made in solicitation, or with respect to elections of directors or other officials.* Air M ail Service U nder Supervision op the proxy statement in response to any S e c . 10.X-14A-3 (Rule X -1 4 A -3 ) . the F irst Assistant P ostmaster G en­ item or sub-item of Schedule 14A which is inapplicable, or the answer to which Legibility of soliciting material.— Every eral is in the negative. None of the items printed proxy statement and form of August 8, 1938. need be restated in the proxy statement, proxy, and all related printed material and the order of the items and sub-items furnished to the persons solicited in con­ It is hereby ordered, That effective nection with any solicitation subject to August 8th 1938 the First Assistant Post­ in the schedule need not be followed. Information required by more than one Section 14 (a) of the Act,1 other than master General will be charged with the documents not prepared in connection administration and supervision of the Air applicable item need not be repeated in the proxy statement. with the solicitation, shall be set in type Mail Service, Domestic and Foreign. not smaller than 10-point roman, at Effective August 8th 1938 the Division (b) Any information required to be in­ cluded in the proxy statement which is least 2-point leaded; except that finan­ of Air Mail Service is transferred from cial statements may be set in type not the Bureau of the Second Assistant Post­ not known and not reasonably available to the persons making the solicitation smaller than 8-point roman, if neces­ master General to the Bureau of the First sary for convenient presentation.* Assistant Postmaster General and such may be omitted, if a brief statement of the circumstances rendering such infor­ S e c . 10X -14A-4 (Rule X-14A-4 ) . D uty other personnel of the Department as to file material with Commission and may be required to facilitate the carrying mation unavailable is made in the proxy statement. Likewise, information as to exchange.— (a) Three copies of each out of this order shall also be transferred of the following documents shall be filed to the Bureau of the First Assistant Post­ matters to occur or to be determined in the future need be given only in terms of with the Commission at its office in master General. Washington, D. C., and one copy with Order No. 4866 dated January 23rd present intention, but in such case there shall be set "forth, to the extent practica­ each exchange on which is listed the se­ 1934 is hereby revoked. curity with respect to which any solici­ Sections 11 and 12 and all other rele­ ble, the maximum and minimum limits of the authority to be conferred concern­ tation subject to Section 14 (a) of the vant sections of the Postal Laws and A ct1 is made: Regulations of 1932 are hereby amended ing each such matter. in conformity with the foregoing transfer. (c) There may be omitted from the (1) The proxy statement, form of proxy statement any information con­ proxy, and any additional material in­ [ seal] W . W . H owes, tended to be furnished to security hold­ Acting Postmaster General. tained in any document which has been furnished within a reasonable time in ers along with the proxy statement; [P. R. Doc. 38-2362; PUed, August 12,1938; advance of the solicitation to each per­ (2) Any additional material relating 12:56 p. m.] son solicited, if a clear reference is made to the same subject matter or meeting to the place where such information ap­ furnished to any substantial number of pears. Any statement made in the proxy security holders after the first solicita­ statement may be qualified by clear ref­ tion ; and TITLE 45—SECURITIES AND erence to any such document, or to any (3) Any document to which reference EXCHANGES document which is on file with the Com­ is made in the proxy statement in ac­ cordance with Rule X-14A-1 (c) [Sec. SECURITIES AND EXCHANGE mission and with each exchange on 10.X-14A-1], unless such document COMMISSION which the securities are listed. (d) In all cases in which past occur­ shall have been previously filed with S e c u r it ie s E x c h a n g e A ct o f 1934 rences are to be consented to or acted the Commission and the exchange. upon pursuant to the proxy, the applica­ (b) The material described in para­ am e nd ed p r o x y r u l e s ble items of Schedule 14A shall be read in graphs (a) (1) and (a) (3) above shall The Securities and Exchange Commis­ the past tense, if appropriate. be filed not later than the time when sion, deeming it necessary and appropri­ (e) Unless the context clearly shows the first solicitation is made. The ma­ ate in the public interest and for the pro­ otherwise, whenever any fixed period of terial described in paragraph (a) (2) tection of investors and necessary for the time in the past is indicated, such period above shall be filed not later than the execution of the functions vested in it so shall be computed from the date of filing time when such material is first sent or to do, pursuant to authority conferred the proxy statement.* given to any security holders. upon it by the Securities Exchange Act Sec. 10X-14A—2 (Rule X -1 4 A -2 ). (c) If any document filed pursuant to of 1934, particularly Sections 14 (a) and Duty to provide means by which desired paragraph (a) of this rule is amended 23 (a) thereof, hereby takes the follow­ action can be specified.—No solicitation after the filing thereof, a copy of the ing action: subject to Section 14 (a) of the Act1 amendment or amended document shall 1. Rules LA I to LA7 inclusive, as here­ shall be made unless (a) means shall be filed with each exchange on which tofore in effect, are hereby rescinded. have been provided whereby the per­ the security is listed and three copies 2. The following rules and schedule, son solicited is afforded an opportunity with the Commission not later than the designated “Regulation X-14,” are hereby to specify, in a space provided in the time when such amended document is adopted: form of proxy or otherwise, the action first sent or given to any security which such person desires to be taken holders.* Regulation X—14.—Rules Relating to pursuant to the proxy on each matter, S e c . 10X -14A-5 (Rule X -1 4 A -5 ). Solicitation of Proxies, Consents and or each group of related matters as a False or misleading statements.— N o so­ Authorizations, Including Schedule 14A* whole, described in the proxy state­ licitation subject to Section 14 (a) of ment as intended to be acted upon, other the A ct1 shall be made by means of any S ec. 10.X-14A-1 (Rule X -1 4 A -1 ) . than the election of directors or other form of proxy, notice of meeting, or Proxy statement.—No solicitation sub­ officials, and (b) the authority con­ other communication containing any ject to Section 14 (a) of the Act1 shall ferred as to each such matter or group statement which, at the time and in the be made unless a written “proxy state­ of matters is limited by the specifica­ light of the circumstances under which ment” is concurrently furnished or has tion so made. Nothing in Regulation it is made, is false or misleading with previously been furnished to each per­ X-14 shall prevent the solicitation of respect to any material fact, or omits to son solicited. Such proxy statement a proxy conferring discretionary au­ state any material fact necessary in or­ shall contain the information specified thority with respect to matters as to der to make the statements therein not in such of the items of Schedule 14A as which the person solicited does not false or misleading.* 1992 FEDERAL REGISTER, Saturday, A u g u st IS, 1938

S e c . 10X -14A -6 (Rule X-14A-6). commerce or of any facility of any na­ son of ministerial acts on behalf of a Duty of issuer to furnish information and tional securities exchange; person soliciting a proxy; mail proxies at request of security hold­ (b) Any solicitation of a proxy by any (c) The term “proxy statement” er.—No solicitation subject to Section 14 person in respect of securities carried in means the statement required by Rule (a) of the Act1 shall be made by or on his name or in the name of his nominee, X-14A-1 [Sec. 10X-14A-1], whether or behalf of the issuer or its management, or held in his custody, if (1) such person not contained in a single document; directly or indirectly, unless the issuer receives no commission or remuneration (d) The term “issuer” means the is­ performs or has performed such of the for such solicitation, directly or indirectly, suer of the security in respect of which following acts as may be duly requested other than reimbursement of reasonable the proxy is solicited; by any record owner of any security of out-of-pocket expenses and clerical ex­ (e) The term “associate1’, used to in­ the issuer (hereinafter called “the ap­ penses, and (2) such person furnishes to dicate a relationship w ith any person, plicant”) with respect to the same sub­ the person solicited a copy of all soliciting means (1) any corporation or organiza­ ject matter or meeting: material which the persons on whose be­ tion (other than the issuer) of which half the solicitation is made are sending such person owns of record or bene­ (a) At the written request of the ap­ to other persons: Provided, however, that ficially 10% or more of any class of plicant, the issuer shall furnish the fol­ this exemption shall not be applicable to voting securities, (2) any firm of which lowing information: any solicitation by a voting trustee in such person is a partner, and (3) any (1) A statement of the approximate respect of securities of which he is relative or spouse of such person having number of the holders of record of any trustee; the same home as such person; specified class of securities of which any (c) Any solicitation of a proxy by any (f) The term “affiliate”, used to indi­ of the holders have been or are to be person in respect of securities of which cate a relationship w ith any person, solicited by or on behalf of the issuer he is the beneficial owner; means a person controlling, controlled or its management (as of any date se­ (d) Any solicitation of a proxy evi­ by, or under common control with, such lected in connection with such solicita­ denced by a certificate of deposit or person.* tion, or if none has been selected, ap­ other security which is registered under IHere follows, in the original document, the Securities Act of 1933; proximately as of the date designated “Schedule 14A—Items of information (e) Any solicitation of an acceptance, by the applicant), and the approximate in proxy statement under Rule X- number of any other holders of the spec­ conditional or unconditional, of a plan 14A—1.1 ified class of securities who have been of reorganization under Chapter X of N o t e s : or are to be solicited by or on behalf of the Bankruptcy Act, as amended, or of *C. 404, sec. 14, 48 Stat. 895; 15 U. S. C. the issuer or its management; and an authority, conditional or uncondi­ 78n; c. 404, sec. 23, 48 Stat. 901; c. 462, sec. (2) An estimate of the cost of mail­ tional, to accept any such plan, if such 8, 49 Stat. 1379; 15 U. S. C. 78w and Sup. m .: solicitation is made after the entry of iC . 404, sec. 14, 48 Stat. 895; 15 U. S. C. ing a specified form of proxy or other 78n. communication to such holders. Any in­ an order approving such plan pursuant formation requested pursuant to this to Section 174 of said Act and after, or By the Commission. paragraph shall be mailed or otherwise concurrently with, the transmittal of in­ [ s e a l ] F r a n c is P . B rassor, furnished on or before the third busi­ formation concerning such plan as re­ Secretary., quired by Section 175 of said Act; or ness day after receipt of the written re­ [P. R. Doc. 38-2357; Filed, August 12, 1938; quest. (f) Any solicitation made in connec­ 12:51 p. m.] (b) At the written request of the appli­ tion with a reorganization of a registered cant, copies of any form of proxy or other holding company or any subsidiary com­ pany thereof, if such solicitation is made communication furnished by the appli­ N otices cant shall be mailed by the issuer to in compliance with paragraph (a) and with paragraph (b), (d) or (e) of Rule holders of record (as of the date selected under (a)) of any specified class of se- U-12E-3 [Sec. 15.U-12E-33 under the Public Utility Holding Company Act of INTERSTATE COMMERCE COMMIS­ , curi ties of which any of the holders have SION. been or are to be solicited by or on behalf 1935.* of the issuer or its management, and to S e c . 10X -14A-8 (Rule X-14A-8). Ef­ fect of violation .—Failure to comply with A p p l ic a n t s for A d m is s io n to P ractice any other holders of the specified class of B efore C o m m is s io n securities who have been or are to be tiie rules contained in this regulation solicited by or on behalf of the issuer or shall not invalidate any proxy pursuant August 11,1938. its management. Such material shall be to which action has been taken: Pro­ Notice to the Public: mailed with reasonable promptness after vided, however, that this rule shall not be The Commission has determined that receipt by the issuer of a tender of the construed to prevent the granting of in­ all applicants for admission to practice material to be mailed, of envelopes or junctions in any proper proceedings, or before the Commission, who are not at­ other containers therefor, of postage or to exempt any person from any penalty torneys at law admitted to practice before payment for postage and of reasonable or prohibition provided by the Act in the Supreme Court of the United States reimbursement to the issuer of all ex­ respect of violations of the Act or any or of the highest court of any State or penses incurred in connection with such rules or regulations thereunder.* T errito ry or the D istrict o f Columbia, S e c . 10X -14A-9 (Rule X-14A-9). Def­ mailing or of a surety company bond shall be admitted only upon written ex­ in itio n s .—Por the purposes of Regulation satisfactory to the issuer in an amount amination, in order that the applicant X-14, unless the context otherwise re­ sufficient to cover such expenses; except may show that he is “possessed of the quires: that such material need not be mailed necessary legal and technical qualifica­ prior to the first day on which the solici­ (a) The term “proxy” includes every tions to enable him to render valuable tation is made by or on behalf of the proxy, consent, or authorization within service before the Commission and is issuer or its management.* the meaning of Section 14 (a) of thè otherwise competent to advise and assist A c t 1; in the presentation of matters before the Sec. 10X-14A-7 (Rule X-14A-7). (b) The term “solicitation” includes Commission.” (Rules of Practice, I-B, Solicitations to which rules are not ap­ plica ble.—Notwithstanding any other any request for a proxy, whether or not 2 ( b ) .) such request is accompanied by or in­ All applications received up to Au­ provision in this regulation, the rules con­ cluded in a written form of proxy; but gust 2, 1938, will be passed upon accord­ tained therein shall not apply to: the term does not include the perform­ ing to the preexisting practice. Appli­ (a) Any solicitation made otherwise ance by the issuer or its agents of acts cants who are not members of the bar, than by the use of the mails or by any required by Rule X-14A-6 [Sec. 10.X- who file their applications on and after means or instrumentality of interstate 14A-6], or the performance by any per­ August 2, 1938, are advised that (a) FEDERAL REGISTER, Saturday, August 13, 1938 1993

they should make return to the ques­ investors and consumers, upon the re­ l a t iv e S e c o n d P referred S t o c k , $100 tionnaire sent them at the time the quest of the applicant, consents to the P ar V a lu e blank form of application for admission withdrawal of the application for ex­ is given them; and that an inquiry will emption of the above-named applicant, ORDER DENYING APPLICATION FOR PERMIS­ be made of the sponsors and those to and to that effect SION TO EXTEND UNLISTED TRADING whom the applicant has referred, as to It is so ordered. PRIVILEGES the general standing of the applicant. By the Commission. The San Francisco Stock Exchange An inquiry will also be made by the [ s e a l ] F r a n c is P . B rassor, having made application to the Commis­ Committee of the Association of Prac­ Secretary. sion, pursuant to Section 12 (f) (3) of titioners before the Interstate Commerce the Securities Exchange Act of 1934, as Commission. If the applicant’s standing [F. R. Doc. 38-2360; Filed, August 12,1938; amended, and Rule JF1, for permission 12:52 p. m.] is found to be good, then (b) applicant to extend unlisted trading privileges to will be expected to appear for an exam­ the Market Street Railway Company ination as to his legal and technical Common Stock, $100 Par Value, Prior qualifications, at the next succeeding United States of America—Before the Preference Stock, $100 Par Value, Pre­ general date on which examinations are Securities and Exchange Commission ferred Stock, $100 Par Value, and Second held which is more than thirty days dis­ At a regular session of the Securities Preferred Stock, $100 Par Value; and tant. and Exchange Commission held at its A hearing having been held in this Examinations will be conducted three office in the City of Washington, D. C. m atter a fte r appropriate notice,1 anjd times a year—the first Tuesday in Jan­ on the 10th day of August, A. D. 1938. the Commission having this day made uary, May and September of each year. and filed its findings herein; In view of the shortness of time and [File No. 43-104] It is ordered. That the application of the limited number of applications pend­ I n t h e M atter o p G u l p S tates U t il it ie s the San Francisco Stock Exchange, pur­ ing, the examination scheduled for Sep­ C o m p a n y suant to Section 12 (f) (3) of the Securi­ tember, 1938, will be omitted. ties Exchange Act of 1934, as amended, ORDER ADOPTING REPORT The applicants will be expected to for permission to extend unlisted trading appear for examination, after they have Gulf States Utilities Company, a sub­ privileges to the Market Street Railway been notified to do so, at the office of sidiary company of Engineers Public Company Common Stock, $100 Par the Commission in Washington, or, upon Service Company, a registered holding Value, Prior Preference Stock, $100 Par timely request being made, at a district company, having made application pur­ Value, Preferred Stock, $100 Par Value, office of the Bureau of Motor Carriers, in suant to Section 11 (g) of the Public and Second Preferred Stock, $100 Par cities where such offices are maintained, Utility Holding Company Act of 1935 for Value, be and the same is hereby denied. or in other cities, at the office of the a report of the Commission on a certain By the Commission. Commission’s Bureau of Accounts or plan involving an o ffe r to exchange a new [ s e a l ] F r a n c is P. B rassor, Service Agent of the Commission. issue of 6209 shares of $6 preferred stock Secretary. The examinations to be given will test of said applicant for the outstanding [F. R. Doc. 38-2361; Filed, August 12,1938; the applicant’s knowledge of (1) struc­ 6209 shares of $6 preferred stock of 12:53 p. m.] ture and history of the Interstate Com­ Baton Rouge Electric Company; merce Act, as amended, and related acts, Hearings having been held on the said (2) the Commission’s rules of practice, plan and application after appropriate United States of America—Before the (3) the general rules of evidence, (4) the notice; the Commission having consid­ Securities and Exchange Commission leading cases involving the Commerce ered the record in this matter and hav­ Clause of the Constitution and the Inter­ ing made and filed its report on said At a regular session of the Securities state Commerce Act, and their signifi­ plan, said report being in the form of and Exchange Commission held at its cance, and (5) the principles of legal the copy thereof attached to this order; office in the City of Washington, D. C., ethics. The decision as to admission or It is ordered, That the said report on on the 11th day of August, A. D. 1938. non-admission of candidates will be said plan be and the same hereby is ap­ [File No. 52-4] made upon the basis of the applications, proved and adopted as the report made the returns of sponsors and those to by the Commission on said plan, and as I n t h e M atter o f W est O h i o G as C o m p a n y whom applicants have referred, and the the form of copy of said report to be examination papers. used by the applicant in solicitations in NOTICE OF AND ORDER FOR HEARING respect of said plan pursuant to the [ s e a l ] G eorge W . L aird, An amended application and declara­ Acting Secretary. provisions of said Section 11 (g). By the Commission. tion having been duly filed with this [F. R. Doc. 38-2347; Filed, August 12,1938; Commission on August 3, 1938 by David 10:22 a. m.] [ s e a l ] F r a n c is P . B rassor, C. Patterson, M. J. Mauermann, and Secretary. David Copland, as a committee for the [F. R. Doc. 38—2358; Filed, August 12, holders of First and Refunding Mort­ SECURITIES AND EXCHANGE COM­ 1938; 12:51p.m.] gage 6% Bonds of West Ohio Gas MISSION. Company, a subsidiary of the Trustees United States of America—Before the of Midland Utilities Company, a regis­ tered holding company, pursuant to Sec­ Securities and Exchange Commission United States of America—Before the tions 11 (f) and 11 (g) of the Public Securities and Exchange Commission At a regular session of the Securities Utility Holding Company Act of 1935, and Exchange Commission, held at its At a regular session of the Securities and the rules adopted by the Commis­ office in the City of Washington, D. C., and Exchange Commission, held at its sion under said Sections and Section on the 10th day of August A. D. 1938. office in the City of Washington, D. C., 12 (e) of said Act; [File No. 31-113] on the 11th day of August 1938. It is ordered, That a further hearing on such matter be held on August 29, I n t h e M atter o p t h e A p p l ic a t io n o p [File No. 7-235] 1938, at 10:00 o’clock in the forenoon of G r e e n e , C h e st e r a n d P a t t o n T r u st I n t h e M atter o f M ark et S treet R a il ­ that day, at the Securities and Ex­ ORDER CONSENTING TO WITHDRAWAL OP w a y C o m p a n y C o m m o n S t o c k , $100 change Building, 1778 Pennsylvania APPLICATION FOR EXEMPTION P ar V a l u e , 6% C u m u l a t iv e P rior Avenue NW., Washington, D. C. On P r e fe r e n c e S t o c k , $100 P ar V a l u e , such day the hearing-room clerk in The Commission, having due regard to 6% C u m u l a t iv e P referred S t o c k , the public interest and the interest of $100 P ar V a l u e , a n d 6% N o n -C u m u - 13 F. R. 1108 DI. 1994 FEDERAL REGISTER, Saturday, August 73, 1938

Room 1102 will advise as to the room a report upon the amended plan of re­ liens; (3) that Midland Utilities Com­ where such hearing will be held. organization of West Ohio Gas Company pany as the holder of demand notes of It is further ordered, That Richard attached to said amended application, West Ohio Gas Company in the principal Townsend, designated by order entered which said amended plan of reorganiza­ amount of $65,633 and accrued and un­ herein on November 19, 1937 to preside tion provides (1) that the holders of paid interest thereon shall receive 16,324 at hearings herein or any other officer said company’s First and Refunding shares of new common stock of the par or officers of the Commission designated Mortgage 6% Bonds outstanding in the value o f $2 per share; <$) that holders by it for that purpose shall preside at principal amount o f $1,300,000 are to of the preferred stock of West Ohio Gas the hearings in such matter, and shall receive $500 in principal amount of new Company shall receive for each share of exercise all the powers granted to such 5% First Mortgage Bonds, $30 in cash such stock and all accumulated and un­ officer by said order. and 160 shares of new common stock of paid dividends thereon one share of new Notice of such hearing is hereby given the par value of $2 per share for each common stock of the par value of $2 per to such applicants and to any other per­ $1,000 of outstanding Bonds; (2) that share; (5) that no participation be son whose participation in such pro­ the holders of the 6% First Mortgage given to the existing common stock, all ceedings may be in the public interest or Bonds of Delphos Gas Company out­ of which is owned by Midland Utilities for the protection of investors or con­ standing in the principal amount of Company, and (6 ) that general claims be sumers. It is requested that any person $53,000 shall receive $500 principal paid in cash or asumed by the new com­ desiring to be heard or to be admitted as amount of new 5% First Mortgage pany as allowed by the Court. a party to such proceeding shall file a Bonds and 160 shares of common stock By the Commission. notice to that effect with the Commis­ of the par value of $2 per share for each [ s e a l ] F r a n c is P . B rassor, sion on or before August 23, 1938. $1,000 of outstanding bonds of Delphos Secretary. Said application, as amended, asks Gas Company, or in lieu thereof the pro­ [P. R. Doc. 38-2359; Filed, August 12,1938; that the Commission approve and make perty seeming such bonds free from 12:52 p. m]