EDERAL REGISTER

VOLUME 14 ' V ^ T E D ^ NUMBER 7

Washington, Tuesday, January 1J, 1949

TITLE 3— THE PRESIDENT TITLE 5— ADMINISTRATIVE CONTENTS PERSONNEL EXECUTIVE ORDER 10020 THE PRESIDENT Chapter I——Civil Service Commission P rescribing the M anual for Courts- Executive Order Page M artial, U. S. Army, 1949 P art 10—S pecial T ransitional Manual for Courts-Martial, U. S. Correction P rocedures Army, 1949 (Corr.)______119 P art 24t—F ormal E ducational R equire­ EXECUTIVE AGENCIES Executive Order 10020, appearing In ments for Appointment to Certain Part II of the issue for Wednesday, De­ S cientific, T echnical, and P rofes­ Agriculture Department cember 8, 1949, as P. R. Doc, 48-10746, sional P ositions Proposed rule making: is corrected as follows: MISCELLANEOUS AMENDMENTS Corn; acreage allotments and 1. In the eighth line of the third col­ marketing quotas______.__ 123 1. Section 10-.111 (a) is amended toRules and regulations: umn on page 7549 the word “these” read as follows: Beans; 1948 dry edible bean loan should read “their”. § 10.111 Reemployment "benefits after and purchase agreement____ 121 2. In the Table of Maximum Punish­ transfer, (a) (1) Any person, except Sugar; determination of fair and ments under Article of War 96 the fol­ one who was holding a temporary posi­ reasonable prices for 1949 lowing changes are made: tion, who was transferred by the Com­ Virgin Islands sugarcane___ 122 a. On page 7558, the penalty for as­ mission with reemployment rights under W arehouses; miscellaneous sault and battery upon a female under authority of Executive Order No. 8973 or amendments (Corr.)______121 the age of 16 years, now reading 2 9067 or War Manpower Commission Alien Property, Office of Directive No. X, shall be entitled to the Notices: months, should read 2 years. rights specified in paragraph (b> of this Vesting orders, etc.: b. In the second column on page 7559 section if he gives the agency in which Corner Mott & Hester Streets, the last entry should read: “Wrongfully he has reemployment rights 30 days’ ad­ Inc —------14! taking or wrongfully taking and using vance written notice of his intent to Fujimoto, H______140 the property of another, with the intent exercise his reemployment rights, and if Powell, Anna______139 he is still qualified to perform the duties Schoeneich, Ernst C______139 to deprive the owner temporarily of his of the position. property:”. Suzuki, S., & Co. of New York, (2) The advance written notice must Ltd______i4i 3. In the third column on page 7566 be given not later than 40 days after the Uxkull, Woldemar______140 the next to the last line should read: beginning of a furlough from the agency Von Bardeleben, Elisabeth “or event and to know, or to ascertain”. to which transferred or not later than 40 Naumann______i 3g 4. In the third column on page 7617 days after the date of separation from Zeigler, Frank______140 paragraph 189 should read: that agency, if separation is made with­ Army Department out furlough. Once the advance written 189. in t h a t ______did, a t ______Notices: notice has been given it may not be with­ U. S. Military Government on or about ------19____ _ with Intent drawn without forfeiture of the rights to deprive the owner temporarily of his provided in this section. Courts for Germany; creation and organization codes of property, wrongfully (and without the con­ (3) Except as provided in subpara­ procedure______124 sent of the owner) (and without authority), graphs (4) and (5) of this paragraph, all (take) (take and use) (use) (appropriate) existing reemployment rights acquired Census Bureau a certain (motor vehicle) (motion picture under authority of Executive Order No. Notices : camera) (hunting rifle) (evening gown) 8973 or 9067 or War Manpower Commis­ Statistics of manufactures; (------—)» value about $___ , property sion Directive No. X, shall expire on Oc­ annual surveys of manufac­ o f ______tober 22, 1948, unless advance written turers------133 notice of- intent to exercise such rights Civil Service Commission 5. In the first column on page 7627 shall have been given before that date. Rules and regulations: paragraph 10 should read: (4) Persons who on October 22, 1948, Appointment to certain scien­ were serving in a Federal agency which tific, technical, and profes­ 10. In the foregoing case o f ______on that date was being liquidated or was sional positions; formal edu­ the sentence is approved and will be duly required by statute to be liquidated, may cation requirements______119 executed, but the execution of that portion exercise their reemployment rights after Transitional procedures, spe­ thereof adjudging dishonorable (or bad con­ October 22, 1948, if advance written no­ cial------119 duct) discharge Is (suspended) (suspended tice of intent to exercise such rights is Commerce Department until the soldier’s release from confine­ given not later than 40 days after the See Census Bureau. ment. ------iS designated as the place beginning of a furlough or the date of of confinement.) Commodity Credit Corporation (Continued on next page) See Agriculture Department. 119 ■/,

120 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE— Con. Federal Power Commission' Pa£* Title 5— Administrative Person- Page FEDERAL^REGISTER Notices: nel— Continued \ 1934 Hearings, etc.: Chapter I—Civil Service Com- Michigan Gas Storage Co— 135 mission-r-Continued Niagara Palls Power Co____ 135 Part 24—Formal education re­ Published daily, except Sundays, Mondays, Northern Natural Gas Co----- 134 quirements for appointment and days following official Federal holidays, Wachusett Electric Co_____ 134 to certain scientific, technical, by the Division of the Federal Register, the Wisconsin Michigan Power and professional positions— 119 National Archives, pursuant to the authority Co______'_____ 135 Chapter III—Foreign and Terri­ contained in the Federal Register Act, ap­ proved July 26, 1935 (49 Stat. 500, as Wisconsin Public Service torial Compensation: amended; 44 U. S. C„ ch. 8B ), under regula­ Corp______— 135 Part 325—Additional compensa­ tions prescribed by the Administrative Com­ Home Loan Bank Board tion in foreign areas------121 mittee, approved by the President. Distribu­ Rules and regulations: tion is made only by the Superintendent of Title 6— Agricultural Credit Documents, Government Printing Office, Operation; amendment and re­ Chapter IV—Production and Washington 25, D. C. designation (Corr.)------123 M arketing Administration The regulatory material appearing herein is Home Owners’ Loan Corpora­ and Commodity Credit Cor­ keyed to the Code of Federal Regulations, tion poration, Department of Agri­ which is published, under 50 titles, pursuant Rules and regulations: culture: to section 11 of the Federal Register Act, as Part 603—Beans, dry edible---- - 121 amended June 19, 1947. Revision and redesignation The F ederal R egister will be furnished by (Corr.)______123 Title 7— Agriculture mail to subscribers, free of postage, for $1.50 Housing and Home Finance .Chapter I—Production and per month or $15.00 per year, payable in ad­ M arketing Administration vance. The charge for individual copies Agency (minimum 15tf) varies in proportion to the Sep Home Loan Bank Board; (Standards, Inspections, size of the issue. Remit check or money Home Owners’ Loan Corpora­ Marketing Practices), De- order, made payable to the Superintendent tion. . partment of Agriculture: of Documents, directly to the Government Part 106—Dry bean warehouses. 121 Printing Office, Washington 25, D. C. Interstate Commerce Commis­ Chapter VII—Production and There are no restrictions on the republica- sion M arketing Administration tion of material appearing in the F ederal Notices : (Agricultural Adjustment), R egister. Southern Freight Assn, et al.; Department of Agriculture: application for approval of Part 721—Corn (proposed)----- 123 agreement------^---- 1------138 Chapter VHI—Production and CONTENTS— Continued Justice Department M arketing Administration See Alien Property, Office of. (Sugar Branch), Department Customs Bureau Page # of Agriculture: Notices: Labor Department Part 802—Sugar determina­ Customs districts and ports; or­ See Wage and Hour Division. tions— ------122 ganization, rights, privileges, National Military Establishment powers, and duties of Com­ Title 19— Customs Duties missioner, and duties of per­ See Army Department. Chapter I—Bureau of Customs, sonnel------123 Securities and Exchange Com­ Department of the Treasury: Pines, penalties, and liquidated mission Part 1—Customs districts and damages; designation of Dep­ Notices : ports______- ' 122 uty Commissioner to make de­ Central Maine Power Co.; hear­ Title 24— Housing and Housing cisions respecting remission ing------138 Credit or mitigation------124 State Department Chapter I—Home Loan Bank Rules and regulations: Rules and regulations: Board, Housing and Home Customs districts and ports; dis­ Additional compensation in for­ Finance Agency: continuance of codification— 122 eign areas; designation of dif­ Part 122—Organization of the Defense Transportation, Office ferential posts------121 banks------123 of Part 124—Operations of the Treasury Department banks_____ :------k-— 123 Rules and regulations: See Customs Bureau. Rail equipment, conservation; Part 181—Officers------— 123 carload freight traffic------123 Wage and Hour Division Part 183—Fees, expenses and Exception------—-=r.----- 123 Notices: costs------123 Learners) employment certifi- s Title 49— Transportation and Federal Communications Com­ cates; issuance to various in­ mission dustries______—------134 Railroads Notices : Chapter H—Office of Defense Transportation: Canadian broadcast stations; CODIFICATION GUIDE list of changes, proposed Part 500—Conservation of rail changes, and corrections in A numerical list of the parts of the Code equipment______123 assignments------137 of Federal Regulations affected by documents Part 520—Conservation of rail Hearings, etc.: published in this issue. Proposed rules, as equipment; exceptions, per­ Bay City Broadcasting Co— 137 opposed to final actions, are identified as mits, and special directions— 123 Harrisonburg Broadcasting such. Co. and County Broadcast­ Title 3—-The President page separation from the function undergo­ ing Service------„------136 Chapter II—Executive Orders: ing liquidation or not later than six Harrisonburg Broadcasting 10020______119 Co. and James Madison months after the legal end of the war, Broadcasting Corp------136 Title 5— Administrative Person­ whichever is sooner. St. Mary’s University Broad­ nel (5) Persons who are separated from casting Corp. and Metro­ Chapter I —Civil Service Com­ the armed forces or released from the politan Broadcasting Co—_ 136 mission: merchant marine after October 22,1948, Stark Broadcasting Corp— _ 137 Part 10—Special transitional who would have acquired restoration WABZ, Inc.,______138 procedures------119 rights if they had entered the armed Tuesday, January 11, 1949 FEDERAL REGISTER 121

forces or the merchant marine from the Dar-es-Salaam, Ta- Martinique, French Keflavik, Iceland. Praha, Czechoslo­ agency from which they originally trans­ ganyika. West Indies. Kingston, Jamaica, vakia. ferred and who have not taken any ac­ Davao, Philippines. Mombasa, Kenya. BNI. Reykjavik, Iceland. tion subsequent to October 22, 1948, El Palmar, Mexico. Monrovia, Liberia. Kuala Lumpur, Ma­ Santiago de Cuba, which resulted in the extension of their Fortaleza, Brazil. Mukden, China. laya. Cuba. periods of service in the armed forces or Gdansk (Danzig), Munsan, Korea. Lima, Peru. Singapore. Poland. New Delhi, India. Mazatlan, Mexico. Tampico, Mexico. the merchant marine, may exercise their Georgetown, British Okinawa (see Ryu­ Mexicali, Mexico. Tananarive, Mada­ reemployment rights if advance written Guiana. kyu Islands). Narsarssuak, Green­ gascar. notice of their intention to do so is given Guayaquil, Ecuador. Para (Belem), Brazil. land. Tegucigalpa, Hon­ not later than 90 days after separation Haifa, Israel. Paramaribo, Suri­ Noumea, New Cale­ duras. from the armed forces or release from Hankow, China. nam. donia. Tenerife, Canary Is­ the merchant marine or not later than Hanoi, French Indo­ Poznan, Poland. Oporto, Portugal. lands. six months after the legal end of the war, china. Rangoon, Burma. Patras, Greece. Tientsin, China. whichever is sooner. Higan, Philippines. Ryuku Islands. Pernambuco (Re- Trieste, Free Terri­ Jerusalem. Saigon, French In­ oife), Brazil. tory of. (R. S. 1753; sec. 2, 22 Stat. 403; 5 U. S. C. Jidda, Saudi Arabia. dochina. Ponta'Delgada, Tsingtao, China. 631, 633) Jolo, Philippines. San Isidro Del Gen­ Azores. Vienna, Austria. Kabul, Afghanistan. eral, Costa Rica. Port of Spain, Trini­ Weis, Austria. * 2. The headnotes of §§ 24.50, 24.53, Kaesong, Korea. San Pedro Sula, Hon­ dad. Zagreb, Yugoslavia. 24.54, 24.56, and 24.87 are amended to Karachi, Pakistan. duras. read as follows: Kwangju, Korea. Subic Bay, Philip­ For the Secretary of State. Lagos, Nigeria. pines. § 24.50 Forest Ecologist, P-439-2-5. Lahore, Pakistan. Taegu, Korea. [ seal] J ohn E. P eurifoy, § 24.53 Forest Soils Technologist, Legaspi, Philippines. Taejon, Korea. Assistant Secretary. P-491-2-5. Leopoldville, Belgian Taipei, Taiwan (For­ [F. R. Doc. 49-231; Filed, Jan. 10, 1949; Congo. mosa) . 8:49 a. m.] § 24.54 Forester (Forest Manage­ Los Diamantes, Gua- Tel Aviv, Israel. ment) , P-439-2-6. piles, Costa Rica. Tihwa, China. § 24.56 Silviculturist, P-439-2-5. Luanda, Angola Turrialba, Costa § 24.87 Soil Scientist (positions in­ (Portuguese West Rica. TITLE 6— AGRICULTURAL CREDIT volving highly technical research, design, Africa). Uijongbu, Korea. Chapter IV— Production and Mar­ or development, or similar complex Madras, India. Zamboanga, Philip­ scientific functions), P-491-2-7. Managua, Nicaragua. pines. keting Administration and Com­ Marfranc, Haiti. modity Credit Corporation, Depart­ (Sec. 5, 58 Stat. 388; 5 U. S. C. Sup. 854) (b) At the rate of 20 percent of basic ment of Agriculture U nited S tates Civil S erv­ compensation: Subchapter C— Loans, Purchases, and Other ice Commission, Operations [seal] H. B. M itchell, Ascom, Korea. Manila, Philippines. President. Asuncion, Paraguay. Merida, Mexico. [1948 C. C. C. Dry Edible Bean Bulletin 1, Bombay, India. Moscow, U. S. S. R. Arndt. 3] [F. R. Doc. 49-205; Filed, Jan. 10, 1949; Bucharest, Rumania. Puerto La Cruz, 8:45 a. m.J Camp O’Donnell, Venezuela. P art 603—B eans, D ry E dible Philippines Quito, Ecuador. .SUBPART*— 1948 DRY EDIBLE BEAN LOAN AND /lamp Sobinggo, Pichilingue, Ecuador. PURCHASE AGREEMENT PROGRAM Korea. Pulupandau, Philip­ Chapter III—-Foreign and Territorial Cavite, Philippines. pines. The bulletin issued by Commodity Compensation Cebu, Philippines. Pusan, Korea. Credit Corporation and the Production Dhahran, Saudi Seoul, Korea. Subchapter B— The Secretary of State and Marketing Administration, published Arabia Shanghai, China. in 13 F. R. 5256, 6348, and 8175, contain­ [Foreign Service Reg. S-53] Iloilo, Philippines. Sofia, Bulgaria. Inchon, Korea. Suva, Fiji Islands. ing the requirements of the 1948 Dry P art 325—A dditional Compensation in Kimpo, Korea. Tabriz, Iran. Edible,. Bean Price Support Program, is ^ • F oreign Areas Kunming, China. Tingo Maria, Peru. further amended as follows: La Guaira, Venezu­ Victoria, Brazil. Section 603.2, Availability of loans and DESIGNATION OF DIFFERENTIAL POSTS ela. Warsaw, Poland. La Paz, Bolivia. purchases, paragraph (b) Time is Under the authority of, section 207, amended by striking December 31, 1948, Public Law 491, 80th Cong., as amended (c) At the rate of 15 percent of basic and entering in lieu thereof February by section 104, Public Law 862, 80th 28, 1949. Cong., Part I, E. O. 10000, Sept. 16, 1948, compensation: 13 F. R. 5453, § 325.11 is amended, effec­ Angeles, Philippines. Hong Kong. Issued this 6th day of January 1949. Antofagasta, Chile. tive as of the beginning of the pay period Konya, Turkey. [ seal] E lmer F. K ruse, ■ which includes J: ._uary 2, 1949, to read Bahia (Salvador ), Lourenco Marques, Manager, as follows: Brazil. Mozambique. Berlin, Germany. Maracaibo, Venezu­ Commodity Credit Corporation. § 325.11 Designation of differential Budapest, Hungary. ela. Approved: January 6, 1949. posts. The following places are desig­ Camaguey, Cuba. Nanking, China. nated as differential posts at which each Colombo, Ceylon. Popayan, Colombia. R alph S. T rigg, eligible employee shall be paid additional Dumaguete, Philip­ Port-au-Prince, Hai­ President, compensation in the form of a foreign pines. ti. Commodity Credit Corporation. Frobisher Bay, Baffin Tacloban, Philip­ post differential in accordance with these Island. pines. [F. R. Doc. 49-229; Filed, Jan. 10, 1949; regulations : Godthaab, Green­ Tehran, Iran. 8:49 a. m.] (a) At the rate of 25 percent of basic land. Veracruz, Mexico. compensation : (d) At the rate of Accra, Gold Coast. Buenaventura, Co­ 10 percent of basic TITLE 7— AGRICULTURE * Addis Ababa, Ethi­ lombia. compensation : Chapter I— Production and Mar­ opia. Cagayan, Philip­ Alexandria, Egypt. Cochabama, Bolivia. Aden, Aden Protec­ pines. Baguio, Philippines. Elizabethville, Bel­ keting Administration (Standards, torate. Calama, Chile. Barranquilla, Co­ gian Congo. Inspections, Marketing Practices), Baghdad, Iraq. Calcutta, India. lombia. Germany—all posts Department of Agriculture Bangkok, Siam. Canton, China. Belterra, Brazil. except Berlin. Basra, Iraq. Capiz, Philippines. Bogota, Colombia. Goose Bay, Labrador. Subchapter D— Warehouse Regulations Batavia, Java. Chinhae, Korea. Bratislava, Czecho­ Guaymas, Mexico. Belgrade, Yugoslavia. Chunchon, Korea. slovakia. Izmir, Turkey. M iscellaneous A mendments- Belize, British Hon­ Chungking, China. Cairo, Egypt. Japan—all posts on duras. Dairen, China. Caracas, Venezuela. Honshu, Shikoku, Correction Bluefields, Nicara­ Dakar, French West Ciudad Trujillo, Do­ Nyushu, and Hok­ In Federal Register Document 48- gua. Africa. minican Republic. kaido. 11372, appearing at page 8728 of the issue 122 RULES AND REGULATIONS for Thursday, December 30,1948, the sec­ price to be effective under this determi­ of a molasses bonus equal to one-half of tion number under amending paragraph nation; and the amount by which the net proceeds 18 should read “§ 106.69”. (b) There is paid, per one hundred from blackstrap molasses of the current pounds of purchased sugarcane, an crop exceeded such proceeds from the amount equal to one-half of the excess, 1941 crop. if any, of the net proceeds derived from (d) 1949 price determination. The Chapter VIII— Production and Mar­ the sale of blackstrap molasses produced 1949 price determination continues the keting Administration (Sugar per one hundred pounds of sugarcane of same pricing arrangements as were ef­ Branch), Department of Agriculture the 1949 crop, over the net proceeds from fective for the 1948 crop. the sale of blackstrap produced per one An examination of conditions within [S. D. 280] hundred pounds of sugarcane from the the sugar industry in the Virgin Islands ^ P art 802—S ugar D eterminations 1941 crop. indicates that the usual standards can­ not be applied. The Virgin Islands Com­ DETERMINATION OF FAIR AND REASONABLE Statement of Bases and Considerations pany, under the direction of the Interior PRICES FOR 1949 CROP OF VIRGIN ISLANDS (a) General. The foregoing determi­ Department, is the only purchaser of su­ SUGARCANE nation establishes the level of prices garcane in the Islands. The project was Pursuant to the provisions of section which must be paid for 1949 crop sugar- developed and has continued to operate 301 (c) (2) of the Sugar Act of 1948, cawe purchased by producer-processors primarily to provide employment to the after investigation, and due considera­ (i. e., producers who are also, direetly or people of the Islands. The financial re­ tion of the evidence obtained at the indirectly, processors of sugarcane as one sults of the operations of the Company public hearing held in Christiansted, St. of the conditions for payment under the with respect to sugar have been generally Croix, Virgin Islands, on September 27, Sugar Act of 1948. In this statement the unfavorable, due in large part to small 1948, . the following determination is foregoing determination, as well as de­ volume and low quality sugarcane. The hereby issued: / terminations for prior crops, will be re­ annual loss on sugar operations for the ferred to as “price determination” identi­ past seven years has been very significant ' § 802.53 Fair and reasonable prices fied by the crop year for which effective. and it is not expected that sugar pro­ for the 1949 crop of Virgin Islands sugar­ (b) Requirements of the Sugar Act. duction for the 1949 crop combined with cane. The requirements of section 301 In determining fair and reasonable other factors will place the Company in (c) (2) of the Sugar Act of 1948, with re­ prices, the Sugar Act requires that pub­ a profit position. However, the Company spect to fair pnd reasonable prices for lic hearings be held and investigations be is striving to reduce its losses on future the 1949 crop of Virgin Islands sugar­ made. Accordingly, on September 27, crops through continued improvements cane, shall be deemed to have been met 1948, a public hearing was held in Chris­ in agricultural and milling operations. by any processor who, as a producer, ap­ tiansted, St. Croix, Virgin Islands, at plies for a payment under the said act if: While it is recognized that independent which time interested parties presented producers are subject to the several haz­ (a) Purchased sugarcane is paid for testimony with respect to fair and rea­ at the rate of not less than the f. o. b. sonable prices for sugarcane of the 1949 ards herein mentioned and that the pres­ mill value of 6 pounds of 96° raw sugar crop. In addition, investigations have ent sharing of sugar values may not re­ per one hundred pounds of such sugar­ been made of economic factors pertinent sult in individually profitable operations, cane when the average quantity of such to the sugar industry in the Virgin producers in this area enhance their in­ sugar recovered for the season represents Islands. In determining fair a n d comes through employment by the Vir­ less than 10 percent of the weight of such reasonable prices consideration has been gin Islands Company which produces sugarcane; 63 percent of the f. o. b. mill given to testimony presented at the hear­ more than one-half of the annual crop value of the quantity of 96° raw sugar ing and to information resulting from of sugarcane. The present sharing re­ recovered when the average quantity of investigations. lationship provides returns to producers such sugar represents 10 percent or more (c) Background. The Sugar Act was for low quality sugarcane considerably in but less than 12 percent of the weight of made applicable to the Virgin Islands be­ excess of returns to producers in other such sugarcane; and 65 percent of the ginning with the 1942 crop of sugarcane. f. o. b. mill value of the quantity of 96° Under the price determinations for the domestic producing areas for similar raw sugar recovered when the average 1942, 1943, and 1944 crops, producers sugarcane. quantity of such sugar represents 12 per­ were paid a f. o. b. mill value of 6 pounds Accordingly, I hereby find and con­ cent or more of the weight of such sugar­ of sugar for each one hundred pounds clude that the foregoing price determina­ cane. The average price of 96° raw sugar of sugarcane delivered regardless of the tion will effectuate the price provisions (duty paid basis, delivered) for the week quality of the cane. This sharing rela­ of the Sugar Act of 1948. (or such other period as may be agreed tionship continued that which was in ef­ (Secs. 301,403, 61 Stat. 929, 932; 7 U. S. C. upon) in which sugarcane was delivered, fect in years prior to 1942. Beginning less all costs involved in the marketing with the 1944 ¿rop, recovery of sugar 1131,1153) of such sugar (other than bags, storage from sugarcane was improved through Issued this 6th day of January 1949. in company warehouses, or any item of the operation of a more efficient sugar expense incurred in the marketing of mill. Since the operation results were [seal] A. J. Loveland, such sugar which is reimbursed in whole significantly better than the results ob­ Acting Secretary,of Agriculture. or in part by the Federal Government tained in prior years, the 1945 price de­ [F. R. Doc. 49-228; Filed, Jan. 10, 1949; or any agency thereof) shall be deemed termination provided that the producers’ 8:49 a. m.] to be the f. o. b. mill value of such sugar. share of the f. o. b. mill value of raw The weekly average price of raw sugar sugar should be 65 percent when the (duty paid basis, delivered) shall be de­ average outturn was 12 pounds or more of TLE 19— CUSTOMS DUTIES termined by taking the simple average of sugar per one hundred pounds of sugar­ the daily “spot” quotations of 96° raw cane, and 63 percent when the average Chapter I— Bureau of Customs, sugar of the New York Coffee and Sugar outturn was 10 to 12 pounds. When the Department of the Treasury Exchange (Sugar Contract No. 5) ad­ average outturn was less than 10 pounds justed to a duty paid basis, delivered, by of sugar per one hundred pounds of P art 1— Customs D istricts and P orts adding to each daily “spot” quotation sugarcane, it was provided that producers the United States duty prevailing on were to receive the f. o.b. mill value of 6 discontinuance of codification Cuban raw sugar on that day, except pounds of 96° raw sugar per one hun­ N ote: The codification of § 1.21 is dis­ that if the Director of the Sugar Branch dred pounds of sugarcane. This sharing continued. For a revision of the text of determines that for any weekly period relationship was continued in the price this section, see F. R. Doc. No. 49-222, such average price does not reflect the determination for the 1946, 1947, and true market value of raw sugar, because 1948 crops. under Department of the Treasury, Bu­ of inadequate volume or other factors, Each price determination since 1942 reau of Customs, in the Notices section, the Director may designate the average has provided for payment to producers infra. / Tuesday, January 11, 1949 FEDERAL REGISTER 123 TITLE 24— HOUSING AND for Thursday, December 23, 1948, the as amended (8 F. R. 14481; 9 F. R. 117 HOUSING CREDIT following corrections are made: 7585; 10 F. R. 12456, 12747; 11 F. R.' 1. The 7th line of § 181.0 should read 9084, 10662, 12183; 12 F. R. 105; 13 F. R. Chapter I— Home Loan Bank Board, “member or members of said Board of 779, 2174, 3278, 5238, 6286, 7716), is Housing and Home Finance Agency Directors and.” hereby further amended by changing 2. The first three words of the resolu­ Item 847 thereof to read as follows: Subchaptsr A— Regulations of the Home Loan tion under paragraph (a) of § 181.7 Bank Board should read “Be it resolved,”. 847. Roofing materials, sidings, or shingles. Composition or prepared, including asphalt Subchapter B— Federal Home Loan Bank System 3. The headnote for § 183.1 should read or asbestos shingles, straight or mixed car­ [No. 1285] “Costs, expenses, fees; payment.” loads, shall be loaded to a weight not less than 45,000 pounds. Amendment and R edesignation of R ules and R egulations R elating to Operation This, Amendment 15 to Special Direc­ TITLE 49— TRANSPORTATION Correction tion ODT 18A-1 shall become effective AND RAILROADS January 8,1949. In Federal Register Document 48- 11162, appearing at page 8263 of the issue Chapter II— Office of Defense (54 Stat. 676, 55 Stat. 236, 56 Stat. 177, for Thursday, December 23, 1948, the IxQnsportation 58 Stat. 827, 59 Stat. 658, 60 Stat. 345, following corrections are made: 61 Stat. 34, 321, Pub. Laws 395, 606, 80th 1. In the second sentence of § 122.26 P art 500—Conservation of R ail Cong.; 50 U. S. C. App. 633, 645, 1152; the word “the” should appear immedi­ E quipment E. O. 8989, Dec. 18, 1941, 6 F. R. 6725; ately before “May 31.” CARLOAD FREIGHT TRAFFIC E. O. 9389, Oct. 18, 1943, 8 F. R. 14183; 2. In the 30th line of § 122.29 the word E. O. 9729, May 23, 1946, 11 F. R. 5641; “change” should read “chance.” Cross R eference : For an exception to E. O. 9919, Jan. 3, 1948, 13 F. R. 59; 3. The headnote for § 124.1 should the provisions of § 500.72, see Part 520 General Order ODT 18A, Revised, as read “Bank quarters” of this chapter, infra. amended, 11 F. R. 8229, 8829, 10616, 13320, 14172; 12 F. R. 1034, 2386; 13 F. R. 2971) Subchapter E—-Home Owners’ Loan Corporation [Special Direction ODT 18A-1, Amdt. 15] Issued at Washington, D. C., this 6th [No. 1288] P art 520—Conservation of R ail E quip­ day of January 1949. R evision and R edesignation of Codified m ent; E xceptions, P ermits, and S pex Lee A. Christiansen, R ules and R egulations of H ome Ow n ­ cial D irections ers’ Loan Corporation Director, Railway Transport De­ CARLOAD FREIGHT TRAFFIC partment, Office of Defense Correction Pursuant ta the provisions of § 500.73 Transportation. In Federal Register Document 48- of General Order ODT 18A, Revised, as [P. R. Doc. 49-214; Piled, Jan. 10, 1949; 11165, appearing at page 8273 of the issue amended, Special Direction ODT 18A-1, 8:47 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE mercial corn-producing area and the Any person interested in the afore­ acreage allotment of corn for the calen­ mentioned proclamations to be made by Production and Marketing dar year 1949. In preparing to issue such the Secretary may submit data, views, or Administration proclamations the Secretary has under recommendations thereon in writing to [ 7 CFR, Part 721] v consideration sections 304 and 371 (b) of the Director, Grain Branch, Production that act (7 U. S. C. 1304, 1371 (b)), and Marketing Administration, Wash­ Corn which provide that the marketing quota ington 25, D. C. All submissions must provisions thereof shall not be invoked be postmarked not later than January ACREAGE ALLOTMENTS AND MARKETING 20,1949. QUOTAS or continued in effect with respect to any one of the several basic commodities in Issued at Washington, D. C., this 6th Sections 327 and 328 of the Agricul­ case the Secretary finds a suspension or day of January 1949. tural Adjustment Act of 1938, as amended termination of the provisions necessary (7 U. S. C. 1327,1328), require the Secre- [ seal] R alph S. T rigg, to protect consumers or to meet a na­ Administrator. retary of Agriculture to proclaim, not tional emergency or material increase in later than February 1, 1949, the com­ [P. R. Doc. 49-230; Plied, Jan. 10, 1949; export demand. 8:59 a. m.]

NOTICES

DEPARTMENT OF THE TREASURY the provisions of law cited at the end the United States or the Virgin Islands hereof, the following is hereby ordered: Bureau of Customs vested in or imposed upon the Secretary I. Rights, privileges, powers, and duties by the Tariff Act of 1930, as amended, [T. D. 52121] conferred or imposed upon the Commis­ or any other law: Provided, That any sioner of Customs. Except as hereinafter Customs D istricts and P orts such rights, privileges, powers, and specified, there are hereby conferred duties may be exercised or performed by ORGANIZATION, RIGHTS, PRIVILEGES, POWERS, and imposed upon the Commissioner of an assistant commissioner, a deputy or AND DUTIES OF COMMISSIONER, AND Customs, subject to the general super­ assistant deputy commissioner, a collec­ DUTIES OF PERSONNEL vision an(L direction of the Secretary of tor of customs, or any other subordinate the Treasury, all the rights, privileges, J anuary 5, 1949. officer, as designated by the Commis­ powers, and duties in respect of the im­ sioner with the approval of the Secre­ Pursuant to the authority conferred portation or entry of merchandise into, upon the Secretary of the Treasury by tary, subject to such limitations and con­ or the exportation of merchandise from, ditions as from time to time may be 124 NOTICES prescribed by the Commissioner with the II. Acting Commissioner, Acting As­ NATIONAL MILITARY approval of the Secretary, and the au­ sistant Commissioner, and Acting Deputy thority to exercise or perform any such Commissioners. The Secretary of the ESTABLISHMENT rights, privileges, powers, and duties, Treasury will from time to time designate Department of the Army subject to such limitations and condi­ officers of the Bureau of Customs in tions, is hereby conferred upon the afore­ Washington to act as Commissioner, As­ U nited S tates M ilitary G overnment said officers as and when they are so sistant Commissioner, or Deputy Com­ Courts for G ermany designated. missioner of that Bureau during the ab­ CREATION AND ORGANIZATION; CODES OP (1) Whenever in the opinion of the sence or disability of any such officer or PROCEDURE importance, he shall submit the question when there is a vacancy in the office of pending for decision is of exceptional any such officer. The regulations of the Military Gov­ importance, he shall submit the question III. Previous orders superseded. (1) ernment for Germany (U. S.), Part 3, are to the Secretary of the Treasury, and the This order shall be effective on and from amended by the addition of new sections decision thereon shall be made by the the date of its approval. 3.6a, 3.6b, and 3.6c, setting forth Ordi­ Secretary of the Treasury and not by the (2) This order supersedes the orders nances No. 31, 32, and 33, as follows: Commissioner of Customs. of the Secretary of the Treasury pub­ S ec. 3.6a. Ordinance No. 31; United (2) All regulations shall be prescribed lished in T. Ds. 49047, 49818, 50192, 51479, States Military Government Courts for by the Conunissioner of Customs, with and 51584, and any instructions and reg­ Germany; creation of the courts—(a) the approval of the Secretary of. the ulations in conflict herewith, except that Article 1; judicial system. A system of Treasury, except that regulations and in­ it shall not supersede or render ineffec­ courts is hereby established for the structions, not inconsistent with the gen­ tive any of the provisions of the orders United States Area of Control of Ger­ eral rules and regulations of the Treas­ published in T. Ds. 51189 and 51609, and many, which term is defined as compris­ ury Department, which are effective only all delegations of rights, privileges, ing, the Laender of Bavaria, Bremen, against persons in their capacity as offi­ powers, and duties heretofore made to Hesse, Wuerttemberg-Baden and the cers, agents, or employees of the Customs customs officers, which have not been re­ United States Sector of Berlin. The Service, and which do not prescribe pro­ voked and are not inconsistent with the courts so created shall be known as cedure which the public should know or provisions of this order, are hereby af­ United States Military Government follow in dealing with the Customs Serv­ firmed and continued in effect until Courts for Germany. ice, may be prescribed by the Commis­ hereafter revoked or modified. sioner of Customs without the approval (3) The right to amend or supplement ORGANIZATION OF THE COURTS of the Secretary of the Treasury. this order, or any part thereof, from (b) Article 2; Judicial Districts. The (3) Requirements of regulations which time to time, or to revoke this order or following judicial districts are hereby may be waived in accordance with law any provision thereof, at any time, is established within the United States Area may be waived by the Commissioner of expressly reserved. of Control: Customs, but if any new question or un­ 19 CFR Supps. 1.21 (quoted in 19 CFR First Judicial District: Comprised of usual circumstance is involved the Supps. 100.3) is amended by substituting Land Bremen; waiver must be approved by the Secre­ the foregoing for the matter now appear­ Second Judicial District: Comprised of tary of the Treasury. ing therein. the United States Sector of Berlin; (4) The ascertainment, determination, J ohn S. G raham, Third Judicial District: Comprised of or estimation, and declaration of boun­ Acting Secretary of the Treasury. Kreise Alsfeld, Biedenkopf, Dillkreis, ties or grants under section 303, Tariff Eschwege, Frankenberg, Fritzlar- Böm­ Act of 1930, shall be made by the Com­ [F. R. Doc. 49-222; Piled, Jan. 10, 1949; berg, Fulda, Giessen, Hersfeld, Refgeis- missioner of Customs', with the approval 9:00 a. m.] "mar, Huenfeld, Kassel, Lauterbach, Mar­ of the Secretary of the Treasury, except burg, Melsungen, Oberlahnkreis, Roten­ that when the Commissioner of Customs, burg, Waldeck, Wetzlar, Witzenhausen, with the approval of the Secretary, has Wolfhagen, Ziegenhain, all in Land determined and declared a rule for calcu­ [T. D. 52122] Hesse; lating or estimating the net amount of Fourth Judicial District: Comprised of any such bounty or grant, the collector F in e s, P enalties, and Liquidated Kreise Bergstrasse, Buedingen, Darm­ of customs shall ascertain and determine D amages stadt, Dieburg, Erbach, Frankfurt, or estimate the net amount of the bounty designation op deputy'commissioner to Friedberg, Gelnhausen, Grossgerau, or grant paid or bestowed in respect of MAKE DECISIONS RESPECTING REMISSION Hanau, Limburg, Maintaunus,t Ober­ any particular lot of imported merchan­ OR MITIGATION taunus, Offenbach, Rheingau, Schluech- dise, and the right and power so to do Order of the Commissioner of Customs tern, Untertaunus, Usingen, Wiesbaden, are hereby conferred upon the several designating the Deputy Commissioner of all in Land Hesse; collectors of customs. Customs, Tariff and Marine Administra­ Fifth Judicial District: Comprised of ( 5 ) Any order under section 511, Tariff tion, Bureau of Customs, to make deci­ Kreise Bruchsal, Buchen, Heidelberg, Act of 1930, prohibiting the importation sions respecting the remission or miti­ Heilbronn, Karlsruhe, Kuenzelsau, of merchandise or instructing a collector gation under certain conditions of fines, Mannheim, Mergentheim, Mosbach, to withhold delivery ofmerchandise shall penalties, and liquidated damages. Oehringen, Pforzheim, Sinsheim, Tau­ be made by the Commissioner of Cus­ Pursuant to the order of the Secretary berbischofsheim Vaihingen, all in Land toms, with the approval of the Secretary of the Treasury, published as T. D. 52l21, Wuerttemberg-Baden; of the Treasury. (19 CFR 1.21), the Deputy Commissioner Sixth Judicial District: Comprised of (6) No claim, fine, or penalty (includ­ in Charge of the Division of Tariff and Kreise Aalen, Backnang, Boeblingen, ing forfeiture) in excess of $20,000 shall, Marine Administration, Bureau of Cus­ Crailsheim, Esslingen, Gmuend, Hall, be compromised, remitted, or mitigated toms, shall make final decisions as to Heidenheim, \ Geoppingen, Leonberg, without the approval of the Secretary of the remission or mitigation within the Ludwigsburg, Nuertingen, Stuttgart, Ulm, the Treasury. purview of that order of fines, penalties Waiblingen, all in Land Wuerttemberg- (7) Any authority which may be (including forfeitures), and liquidated Baden; vested in the Secretary of the Treasury Seventh Judicial District: Comprised by proclamation of the President made damages in amounts not exceeding $2,000 of Kreise Augsburg, Dillingen, Donau- pursuant to section 318, Tariff Act of in any one case. woerth, Fuessen, Guenzburg, Illertissen, 1930, shall be exercised by the Secretary F rank D ow , Kaufbeuren, Kempten, Krumbach, of the Treasury and not by the Commis­ Acting Commissioner of Customs. Markt-Oberdorf, Memmingen, Mindel- sioner of Customs. Approved: January 5,1949. heim, Neuburg, Neu-Ulm, Noerdlingen, (8) Awards of ^compensation to in­ Schwabmuenchen, Sonthofen, Wertin- formers under section $19, Tariff Act of J ohn S. G raham, gen, all in Land Bavaria; 1930, shall be made by the Commissioner Acting Secretary of the Treasury. Eighth Judicial District: Comprised of of Customs, with the approval of the IP. R. Doc. 49-223; Piled, Jan. 10, 1949; Kreise Aibling, Aithach, Altoetting, Assistant Secretary of the Treasury. 9:00 a. m.] Berchtesgaden, Dachau. Ebersberg, Tuesday, January 11, 1949 FEDERAL REGISTER 125 Erding, Preising, Friedberg, Fuersten- Including death. A majority of such a Chief Presiding District Judge for that feldbruck, Garmisch-Partenkirchen, In­ Court shall decide any case before it, Land and such Judge shall exercise ad­ golstadt, Landsberg, Laufen, Miesbach, provided tliat no sentence of death shall Muehldorf, Muenchen, Pfaffenhofen, ministrative responsibility for the con­ be imposed except by the unanimous de­ duct of the business of the District Courts Hosenheim, Schongau, Schrobenhausen, cision of the Court. in his Land. Starnberg, Toelz, Traunstein, Wasser­ (6) A Magistrate sitting singly may burg, Weilheim, Wolf ratshausen, all in (12) The Chief Judge of the Court of hear and decide any criminal case and Appeals may assign an associate Judge Land Bayaria; may impose any sentence ailowed by law Ninth Judicial District: Comprised of of that Court to sit as a District Judge. not exceeding imprisonment for a term (13) A District Judge may sit &s Mag­ Kreise Amberg, Beilngries, Bogen, Burg­ of twelve months or a fine of $1,000 (or lengenfeld, Cham, Doggendorf, Dingol- istrate and a Magistrate may, if desig­ suoh equivalent in Deutsche Marks or nated by the Chief Judge of the Court fing Eggenfelden, Eschenbaeh, Crafenau, other currency as may be prescribed) or Griesbach, Kelheim, Kemnath, Koetzt- of Appeals, sit as a District Judge. both such imprisonment and fine. (14) District Judges and Magistrates ing, Landau, Landshut, Mainburg, Mal­ (7) In addition to or in lieu of any lersdorf, Nabburg, Neumarkt, Neunburg, may be assigned by the Chief Judge of power of sentence herein authorized, a the Court of Appeals to sit in judicial Oberviechtach, Parsberg, Passau, Pfarr­ District Judge or a Magistrate may: kirchen, Regen, Regensburg, Riedenburg, districts other than the one to which ap­ (i) Make such order concerning any pointed. Roding, Rottenburg, Straubing, Sulz­ property or business involved in an of­ bach, Tirschenreuth, Viechtach, Vilsbi- fense; or (15) District Judges and Magistrates burg, Vilshofen, Vqhenstrauss, Wald- shall have power to administer oaths, to (ii) Make such order concerning the punish for contempt of court committed muenchen, Weiden-Neustadt, Wegscheid, person of the accused; as is authorized Wolf stein, all in Land Bavaria; in their presence, to compel the attend­ by law. ance of witnesses and order their deten­ Tenth Judicial District: Comprised of (8) Where an accused is charged with Kreise Ansbach, Bamberg, Bayreuth, tion, to compel the production of docu­ an offense under German law, the Court ments, to issue warrants of arrest and for Coburg, Dinkelsbuehl, Ebermannstadt, shall be limited to the sentence or other Eichstaett, Erlangen, Feuchtwangen, search and seizure, to admit to bail (ex­ penal provision of such law. cept in cases of murder, rape or armed Forchheim, Fuerth, Günzenhausen, (9) Any person convicted by a Magis­ Hersbruck, Hilpoltstein, Hoechstadt, Hof, robbery), to commit for trial, and to exer­ trate shall be entitled to file a Petition cise all other powers incidental to the Kronach, Kulmbach, Lauf, Lichtenfels, for Review to the District Court of the Muenchberg, Naila, Neustadt, Nuernberg, performance of their judicial functions. District in which the trial was held, speci­ The District Judges shall have power to Offenheim, Pegnitz, Rehau, Rothenburg fying the errors which it is alleged were o/T, Scheinfeld, Schwabach, Stadtstein­ act on applications for release from con­ committed, and thereupon the record of finement, except as provided in para­ ach, Staffelstein, Weissenburg, Wunsie- the case shall be reviewed by a District del, all in Land Bavaria; Judge. graph (Z) (1) of this section. The Dis­ Eleventh Judicial District: Comprised trict Court, sitting with three District (i) If there has been a plea of guilty Judges, one of whom may be a Magis­ of Kreise Alzenau, Aschaffenburg*, or if the petition contests only the sen­ Brueckenau, Ebern, Gemuenden, Ger­ trate, shall have power to punish for con­ tence imposed, or if it appears only that tempt of court, not committed in the oldshofen, Hammelburg, Hassfurt, Hef- the sentence was excessive, the Judge re­ heim, Karlstadt, Kissingen, Kitzengen, presence of the Court or any Judge or viewing the case shall affirm or reduce Magistrate thereof. Koenigshofen, Lohr, Marktheidenfeld, the sentence upon review, but shall not Mellrichstadt, Miltenberg, Neustadt, (16) The Chief Presiding District increase it. Judge of a Land (the Presiding District Obernburg, Ochsenfurt, Schweinfurt, (ii) In any other case, if it appears Wuerzburg, all in Land Bavaria. Judge where there is no Chief Presiding that the decision is in conflict with a District Judge) and the Presiding Dis­ (c) Article 3; District Courts. (1) A decision of the District Court or of the District Court is hereby established for trict Judge of the United States Sector Court of Appeals, or that there has been of Berlin may, with the consent of the each judicial district within the United a denial of due process of law, or that States Area of Control. Director of Military Government for that an important question of law is pre­ Land or for the United States Sector of (2) The principal seats of the District sented on which it is deemed desirable Courts shall be: First Judicial District, Berlin, empower officials other than Dis­ to have a ruling by a District Judge, or trict Judges or Magistrates to issue war­ Bremen; Second Judicial District, United that the rights of the petitioner have States Sector of Berlin; Third Judicial rants of arrest and for search and seizure, been substantially prejudiced, the Judge to admit to bail (except In cases of mur­ District, Marburg; Fourth Judicial Dis­ reviewing the case may, in a proper case trict, Frankfurt; Fifth Judicial District, der, rape or armed robbery), to admin­ enter a finding of not guilty, or order ister oaths and to commit for trial. Heidelberg; Sixth Judicial District, Stutt­ a new trial before a District Judge in gart; Seventh Judicial District, Augs­ (17) A record shall be made and kept which case, if the petitioner is again of all proceedings in the District Courts, burg; Eighth Judicial District, Muen­ found guilty, said District Judge may chen; Ninth Judicial District, Regens­ including proceedings before Magistra- impose any sentence that a Magistrate trates, in such form as shall be prescribed burg; Tenth Judicial District, Ansbach; lawfully may impose; otherwise the peti­ Eleventh Judicial District, Wuerzburg. tion shall be denied. by rule of the Court of Appeals, and The District Courts may sit at such written opinions shall be filed by the (10) In Districts in which there is District Judges in all cases heard by places within their Districts as may be more than one Judge, a Presiding Judge desirable. ' > them. shall be appointed by the Chief Judge of (18) Each District Court shall have a (3) Each District Court shall consist the Court of Appeals from among the of one or more District Judges and one Clerk and a Marshal and such other per­ Judges of such District. The Presiding sonnel as may be required1for the proper or more Magistrates who shall sit singly District Judge shall assign cases to the except as provided in subparagraph (5) conduct of its business. The Clerk shall District Judges of his District and shall be authorized to authenticate documents of this paragraph. designate three District Judges or two (4) A District Judge sitting singly may on behalf of the Court and to affix the District Judges and a Magistrate to sit in seal of the Court to such documents. The hear and decide any criminal case and cases as provided in paragraph (c) (5) may impose any sentence allowed by law Marshal shall have authority to en­ of this section; if there is only one Dis­ force the orders of the Court. not exceeding imprisonment for a term trict Judge in a District, such designa­ of ten years or a fine of $10,000 (or such (d) Article 4; Court of Appeals. (1)A tion shall be made by the Chief Judge of Court of Appeals is hereby established equivalent in Deutsche Marks or other the Court of Appeals. The Presiding currency as may be prescribed) or both for the United States Area of Control. District Judge shall exercise administra­ (2) The Court of Appeals shall consist such imprisonment and fine. He may tive responsibility for the conduct of the hear and decide any civil case. of a Chief Judge and six Associate Judges. business of the District Court in his Dis­ The seat of the Court shall be at Nuern­ (5) A District Court composed of three trict. berg or such other place within the District Judges or two District Judges (11) The Chief Judge of the Court of United States Area of Control as the and a Magistrate may hear and decide Appeals shall designate from among the Military Governor shall by public notice any civil or criminal case, and, in the Presiding District Judges in each Land designate. The Court shall sit in two latter, may impose any lawful sentence in which there is more than one District, panels of three members each. The 126 NOTICES (i) Cases for damages arising out of Chief Judge shall designate the mem­ of their duties. The Chief Attorney may appoint one of the District Attorneys in the operation of motor vehicles not bers of each panel and the Presiding owned by the United States Government; Judge thereof, and shall direct at what each Land in which there is more than one District as Chief District Attorney (ii) Cases brought by the United times and places they are to sit. He States Military Government for the en­ shall designate an associate Judge to act for such Land. The Chief District At­ torney (or the District Attorney where forcement of penalties or forfeitures; as Chief Judge in the event of his ab­ (iii) Cases brought under the provi­ sence or disability. The full Court shall there is no Chief District Attorney) shall consult, from time to time, with the Di­ sions of Article 9. sit in any case in which the death penalty (3) Territorial jurisdiction. District has been imposed by a District Court or rector of the office of Military Govern­ ment for the Land or Sector or with his Courts may exercise civil jurisdiction / in such other cases, whether or not they only in cases in which the cause of ac­ have been heard by a panel, in which a Chief Legal Officer in order to ensure proper coordination in the prosecution tion arose in the United States Area of sitting of the full Court is requested by Control, or, with respect to transitory two or more Judges of the Court of Ap­ of criminal offenses occurring therein. (4) A District Attorney or Assistant causes of action arising elsewhere in peals. Two Judges shall constitute a Germany, in which at least one party, at quorum of a panel and five shall con­ District Attorney may be assigned by the Chief Attorney to another judicial Dis­ the time of filing the complaint, resides stitute a quorum of the full Court. Two or is stationed, or if a juristic person has Judges must concur in a decision of a trict in the same Land. its principal place of business, within panel, and a majority of the judges sit­ (f) Article 6; Chief Attorney. (1) A ting must concur in a decision of the full Chief Attorney and one or more Assist­ the United States Area of Control. ant Chief Attorneys shall be appointed (1) Article 9; criminal and civil juris­ Court. The Chief Judge of the Court of diction as Rhine Navigation Courts. (1) Appeals shall exercise administrative for the United States Area of Control. The Chief Attorney shall be, responsible The District Courts of the Fourth and responsibility for the conduct of the busi­ Fifth Judicial Districts shall have com­ ness of the United States Military Gov­ for the conduct of his office and the su­ pervision and direction of all District petence to sit as Rhine Navigation Courts ernment Courts for Germany. for the purposes of the revised Rhine (3) The Judges of the Court of Ap­ Attorneys. (2) The Chief Attorney shall act for Navigation Act of October 17, 1868 peals shall have power^ to administer (Preussisches Gesetzblatt 1869, page 798) oaths, to punish for contempt of court, the prosecution in all criminal cases brought before the Court of Appeals. as amended. to act on applications for release from (2) Such Courts shall have criminal confinement, and to exercise all other He shall represent the United States Military Government in all cases before Jurisdiction to investigate and punish powers incidental to the performance of all violations of regulations concerning their judicial If unctions. that Court. (3) The Chief Attorney may himself, navigation and the policing of the river, (4) Parties appearing before the to impose fines therefor of not less than Court of Appeals either in person .or by or through one of his Assistants, assume the prosecution of, or the representation fifty Deutsche Marks and not more than counsel shall be entitled to submit briefs, one thousand Deutsche Marks, and in and, by leave of Court, to make oral argu­ of United States Military Government in, any case in a District Court. default of payment to impose a term ments, of imprisonment not exceeding one (5) All opinions shall be officially re­ JURISDICTION OP THE COURTS ported in the English and German lan­ month. ' (g) ^ Article 7, jurisdiction of District (3) Such Courts shall have civil juris­ guages, of which the English shall be diction to decide, in summary proceed­ the official text. Courts in criminal cases. (1) District (6) The Court of Appeals shall pre­ Courts shall have criminal jurisdiction ings, actions: over all persons in the United States (i) Concerning the payment and the scribe the form and style of its seal and amount of pilot fees, cranage, weighing the seals of the District Courts. It may Area of Control except persons, other than civilians, who are subject to mili­ fees, harbor and pier dues; prescribe the form of civil and criminal (ii) Concerning obstructions placed by complaints, answers, motions, orders, tary, naval or air force law and are serving with any forces of the United individuals on the tow path; petitions for leave to appeal, appeal peti­ (iii) Concerning damages to others tions, petitions for review, and other for­ Nations. No person subject to military mal papers which may be filed in or law of the United States shall be brought caused by boatmen or raftsmen during issued by the United States Military Gov­ to trial for any offense except upon au­ a voyage or while landing; ernment Courts for Germany. Subject thorization of the Commander-in-Chief, (iv) Concerning claims against the to, and consistent with applicable Mili­ European Command. No member of An owners of horses used in towing boats tary Government legislation, directives Allied Mission, visiting governmental up-stream for damages to landed prop­ and regulations, it may prescribe and official, or person subject to the military erty. f publish rules of practice and procedure law of any country other than the (4) Appeals from a decision of a Dis­ (including fees and costs) for the United United States, shall be brought to trial trict Court sitting as a Rhine Navigation States Military Government Courts for for any offense except upon authoriza­ Court may be made to the Commission Germany and for the admission and dis­ tion of the Military Governor. Centrale du Rhin, as prescribed by Ar­ cipline of persons who shall be entitled to (2) District Courts shall have jurisdic­ ticle 37 of the Revised Rhine Naviga­ practice therein. tion to hear and decide cases involving: tion act, instead of to the Court of Ap­ (7) The Court of Appeals shall have (1) Offenses under legislation issued by peals. a Clerk and a Marshal and such other or under the authority of the Allied (5) The provisions of paragraphs (g) personnel as may be required for the Control Council; (1) , (h) (1) and (h) (2) of this section proper conduct of its business. The Clerk (ii) Offenses under United States Mili­ shall govern the jurisdiction of the Dis­ shall have authority to authenticate tary Government Legislation; trict Courts acting as Rhine Navigation documents on behalf of the Court and to (iii) Offenses under German law in Courts. affix the seal of the Court of such docu­ force in the Judicial District of the (6) In exercising such jurisdiction the ments. The Marshall shall have au­ Court. Court shall be governed by relevant Ger­ thority to enf orce the orders of the Court. (h) Article 8; jurisdiction of District man legislation applicable to Rhine Navi­ (e) Article 5; District Attorneys. (1) Courts in civil cases—(1) Jurisdiction as gation Courts in effect immediately be­ A District Attorney and one or more to persons. District Courts shall have fore November 14, 1936 in so far as such Assistant District Attorneys shall be ap­ exclusive jurisdiction to hear and decide legislation is not inconsistent with the pointed for each Judicial District. all civil cases over which jurisdiction is provisions of tlfis Article. (2) The District Attorney shall pre­ denied to German courts by Military (j) Article iO; venue. (1) The trial of pare and file criminal complaints and Government. The District Courts shall all criminal cases, except as provided in prosecute all criminal cases in the Dis­ have concurrent jurisdiction with Ger­ subparagraph (3) of this paragraph, trict Court of his District. He shall rep­ man courts to hear and decide civil cases shall be by the District Court in the Dis­ resent the United States Military Gov­ in which a national of any of the United trict in which the alleged offense was ernment in all cases before that Court. Nations or a stateless person is a party. committed, unless a Judge of the Court (3) District Attorneys shall be subject (2) Jurisdiction as to causes of action. of Appeals on application of the Chief to the supervision and direction of District Courts may exercise civil juris­ Attorney directs that it be tried in the the Chief Attorney in the performance diction in the following cases only: District where the accused was residing Tuesday, January 11, 1949 FEDERAL REGISTER 127 or stationed at the time the alleged of­ sider every case in which a District Court Court of Appeals, District Judges, Magis­ fense was committed or in the District has imposed a sentence of death in the trates, the Chief Attorney and his Assist­ where the accused was arrested or'im­ same way as if the defendant had ants, and the District Attorneys and their prisoned. claimed and be^n granted leave to appeal. Assistants must be graduates in law and (2) The trial of all civil cases, except (6) Even though no petition is filed members in good standing of the Bar of as provided in subparagraph (3) of this for review of a decision of a Magistrate one of the States of the United States paragraph, shall be by the District or for appeal from a judgment or order or of the District of Columbia, and must Court: of a District Court, the Court of Appeals have been engaged in active legal work (i) In the District in which the de­ may call Up and review any criminal (as attorney at law, as Judge of a Court fendant resides, is stationed, or ' is case in which it believes that the rights of Record, or as a teacher of law at a found, or, if a jurisdic person, has of a defendant may have been substan­ law school approved by the American its principal place of business; or tially prejudiced; and it may by rule or Bar Association) for at least: (iD In the District where the cause order provide for, such review of all crim­ (1) Ten years in the cases of the Chief of action arose; or inal cases in certain categories. Judge and Associate Judges of the Court (iii) In the District in which real (7) Upon any appeal or review the of Appeals, and the Chief Attorney; property which is the subject of the liti­ Court of Appeals may reduce the sen­ (ii) Five years in the cases of the Dis­ gation is situated. tence, vacate the findings in whole or in trict Judges, and Assistants to the Chief * (3) Criminal and civil cases under the part, enter a judgment for the defendant Attorney; Revised Rhine Navigation Act of October or set the judgment, or findings and sen­ (iii) Three years,in the cases of Magis­ 17, 1868, as amended, shall be tried by tence aside and order a new trial, and trates and District Attorneys. the District Court for either the Fourth issue any other order or orders appro­ (iv) Two years in the cases of As­ or Fifth Judicial District, as determined priate, in the circumstances. In any case sistant District Attorneys. by Article 35 of the Revised Rhine Navi­ on review under subparagraph (6) above, (2) The above qualifications may be gation Act. where a new trial is ordered and such waived by the Military Governor in any (4) The District Court in which the new trial results in a conviction, the sen­ particular case upon written recommend­ case is filed may grant a change of venue tence may not be increased. ation of his Legal Adviser. upon motion for that purpose made prior tothe commencement of trial, and PERSONNEL OP THE COURTS TRANSITIONAL PROVISIONS upon its own motion at any stage of the (m) Article 13; appointment and re­ (0) Article 15. (1) On the operative proceedings, where it is clear that the in­ moval. (1) The Chief Judge and Asso­ date of this paragraph in any Land and terests of justice or the convenience of ciate Judges of the Court of Appeals aind in the United States Sector of Berlin, all the parties will Be served thereby. the Chief Attorney shall be appointed by proceedings in such Land or Sector (k) Article 11; process. Process shall the Military Governor upon the advice pending before Courts established under be in such form as the Court of Appeals of his Legal Adviser. All other Judges Military Government Ordinance No. 2 may by rule provide and shall run and Magistrates shall be appointed by (see sec. 3.6 of this part), as amended, throughout the United States Area of or under the authority of the Military or Miliitary Government Ordinance No. Control. Governor upon the advice of his Legal 6 (see sec. 3.10c of this part), as amended, (l) Article 12; jurisdiction of the Adviser and the Chief Judge of the Court or Military Government Ordinance No. Court of Appeals. (1) The Court of of Appeals. All Assistants to the Chief 16, shall be deemed to be pending in the Appeals shall have original jurisdiction Attorney and all District Attorneys and appropriate District Court established to act on applications for release from their Assistants shall be appointed by under this section having jurisdiction confinement when the person is confined or under the authority of the Military over such proceedings, except that: by virtue of a sentence of a Court com­ Governor upon the advice of his Legal (1) Any such proceedings before Sum­ posed of more than one Judge. Adviser and the Chief Attorney. mary Military Courts shall be deemed (2) The Court of Appeals shall have (2) All Judges and Magistrates ap­ to be pending before the appropriate appellate jurisdiction tcrconsider on ap­ pointed shall take the following oath be­ Magistrate appointed under this section peal final orders of individual Judges of fore performing the duties ©f their re­ having jurisdiction over such proceed­ the Court of Appeals and final judgment spective offices: “I swear (or affirm) that ings; and, and orders of the District Judges except I will at all times administer justice with­ (ii) Any such proceedings in which a as provided in paragraph (i) (4) of this out fear or favor to all persons of what­ trial of the issues shall have commenced section. The appeal may include both ever creed, race, color, or political opin­ prior to said operative date, shall be con­ questions of law and of fact except that, ion they may be, that I will do equal cluded and the usual review and other in dealing with questions of fact, the right to the poor and to the rich, and post-trial proceedings taken, in accord­ Court shall set aside or reverse the de­ that I will faithfully and impartially dis­ ance with the pertinent laws and pro­ cision of the District Court in criminal charge and perform all the duties in­ cedures in effect prior to said operative cases only if the evidence does not sup­ cumbent upon me a s______accord­ date of this paragraph. port a finding of guilt beyond a reason­ ing to law and to the best of my abilities (2) On and after* the operative date able doubt and in civil cases only if the and understanding. (So help me God.) ” of this paragraph in any Land or Sec­ evidence does not substantially support The Military Governor, or his representa­ tor, no proceedings not within subpara­ the judgment. The Court of Appeals tive, shall administer the oath to the graph (1) (ii) of this paragraph shall be shall grant leave to appeal in any crim­ Judges of the Court of Appeals. A Judge heard or determined in such Land or inal case upon application of the person ‘ of the Court of Appeals or the Chief Sector by any Court established under or persons convicted, or in any civil case Presiding District Judge of a Land shall Military Government Ordinance No. 2, upon application of any party or parties administer the oath to all other Judges as amended, or under Military Govern­ thereto, if it appears that the decision of and Magistrates. ment Ordinance No. 6, as amended, or the District Court is in conflict with a (3) A Judge or Magistrate shall not Military Government Ordinance No. 16, decision of another District Court or of be removed from his office while such but shall be heard and determined by the Court of Appeals, or that there has office continues to exist, prior to the ter­ Courts established under this section. been a denial of due process of law, or mination of his United States contract (3) After completion of any necessary that an important question of law is of employment in Germany, except upon review and, when appropriate, confirma­ presented, or that the rights of any party formal charges and for cause. Judges tion of sentence, all judgments of Courts making application for appeal have been of the Court of Appeals shall be entitled established under Military Government substantially prejudiced. to a hearing by the Military Governor, Ordinance No. 2, as amended, or under (4) In any case in which a District or his representative, before being re­ Military Government Ordinance No. 6, moved from office for cause. All other as amended, or Military Government Court has imposed a penalty of ten years Judges and Magistrates shall be entitled Ordinance No. 16, shall be deemed to be or more, the Court of Appeals shall, upon to a hearing before the Court of Appeals, judgments of District Courts under this application of the person or persons con­ sitting in banc, before being removed Ordinance, except that judgments of victed, grant leave to appeal. * from office for cause. Summary Military Courts established (5) Even though no petition for appeal (n) Article 14; qualifications. (1) The under Military Government Ordinance is filed, the Court of Appeals shall con- Chief Judge and Associate Judges of the No. 2 as amended, or Military Govern- No. 7------2 128 NOTICES ment Ordinance No. 16, shall be deemed Sector. By Order of Military Govern­ upon be forwarded to the Clerk of the to be judgments of a Magistrate under ment. District Court before which he is to ap­ pear for trial with a notation thereon of this Ordinance. S ec. 3.6b, Ordinance No. 32; code of (4) _ The provisions of Article V (exceptcriminal procedure for United States the disposition of the matter at the hear­ subsection h) of Military Government ing referred to in subparagraph (2), be­ Military Government Courts for Ger­ low, signed by the Magistrate or other Ordinance No. 2, shall apply in all pro­ many—(a) Article I; commencement of ceedings under this section. the proceedings. Criminal proceedings official making the order. (5) Subject to the provisions of this (2) When any person accused of an in United States Military Government offense is so brought before a Magis­ section, Military Government legisla­ Courts for Germany established under tion referring to: trate and an immediate trial is not held, Military Government Ordinance No. 31 or when such person is so brought before (i) Military Government Courts shall (see sec. 3.6a of this part) shall be com­ be deemed to refer to the United States another duly empowered official, there menced by summons to appear, or by shall be a hearing to determine whether Military Government Courts for Ger­ warrant of arrest. Whenever an arrest many; without a warrant has taken place, a there is sufficient probability of such (ii) General Military Courts, or to summons shall forthwith be procured. person’s guilt to order him held avail­ Intermediate Military Courts, or to Sum­ (b) Article II; warrant or summons able for trial and if so whether he should mary Military Courts established under upon complaint. (1) If it appears from be admitted to bail in acpordance with Military Government Ordinance No. 2, Article IX of MG Ordnance No. 23. If the statement of the complaining party he is not released on his own recogni­ as amended, shall be deemed to refer that there is probable cause to believe, respectively to District Courts composed that an offense has been committed and: zance and not admitted to bail, he shall of three Judges, or to District Courts that the defendant has committed it, a. be remanded to custody pending trial. composed of a single Judge, or to Magis­ Magistrate or other official who has been (3) In any hearing under this Article, trates under this section; duly empowered shall issue either a sum­ the person accused of an offense shall (iii) Military Government Court for mons to the defendant to appear, or a have the right to cross examine any wit­ Civil Actions or to the Rhine Navigation warrant for his arrest. If a defendant nesses appearing against him and shall Court, established under Military Gov­ fails to appear in response to the sum­ be required to inform the Magistrate or ernment Ordinance No. 6, as amended, mons, a warrant of arrest shall issue. other official conducting the hearing of shall be deemed to refer to the District (2) The summons or warrant shall be the facts concerning the accused person’s Court having jurisdiction under this sec­ signed by a Magistrate, or other duly au­ identity, nationality and personal status, tion. thorized official, and shall contain the but shall not be questioned otherwise un­ (iv) Military Government Rhine Nav­ name of the defendant or, if his name is less the Magistrate or other official first igation Criminal Courts established un­ unknown, any name or description by advises such accused person that he need der Military Government Ordinance No. which he can reasonably be identified. not answer any other questions or make 16 shall be deemed to refer to the Mag­ It shall identify the law alleged to have any other statements unless he desires istrate having jurisdiction under this been violated and describe the particu­ to do so, that no inference will be drawn section. from his failure or refusal to answer or (6) Appeals and reviews of proceed­ lars of the offense charged. It shall com­ to make any statements, that as an ac­ ings under this sectiori shall be governed mand that the person served shall ap­ cused person he has the right of counsel by the provisions of this section. No pear or be brought before the Magistrate which includes a reasonable opportunity administrative examination of any pro­ issuing it or before an appropriate Mag­ to obtain counsel or to have counsel ap­ ceeding under this section is required. istrate or District Judge empowered to pointed for him by the Court if he is un­ (7) Except as otherwise provided in act thereon. able to obtain counsel himself, and to this section, the provisions of Military (3) The summons shall be served and consult with such counsel before proceed­ Government Ordinance No. 2, as the warrant executed by any person act­ ing further, and that any statement that amended, and the provisions of Military ing under the authority of the United he may make wHl be recorded and may Government Ordinance No. 16, shall not States Military Government or the U. S. be used as evidence against him. If the apply to proceedings under this section. Army or Air Forces. The person execut­ Magistrate or other official conducting (8) Sections 15, 23, 24 and 25 of Part ing the warrant shall, if practicable, ex­ the hearing is satisfied that the accused I of Military Government Ordinance No. hibit it to the person concerned. person knows and understands his rights 6, as amended, sections 21 (r) and 27 (c) Article III; preliminary hearing. at the hearing and nevertheless elects to of Part I of Military Government Or­ (1) When a person subject to trial by a testify or make a statement, he shall be dinance No. 6, as added by Military Gov­ United States Military Government permitted to do so. ernment Ordinance No. 18, and section 3 Court for Germany is arrested, the per­ (d> Article IV; Matters preliminary to of Part II of Military Government Or­ son making the arrest shall fill out and trial. (1) Charges against an accused dinance No. 6, as added by Military Gov­ sign, in quadruplicate, an Arrest Report Form. One copy of such arrest report shall be prepared and filed. Each offense ernment Ordinance No. 18 and amended shall be tiie subject of a separate charge. by Military Government Ordinance No. form shall be forwarded forthwith by the person making the arrest to the Clerk When the summons or warrant ade­ 21 shall apply to civil proceedings under quately states the charges and particu­ this section. Otherwise Military Gov­ of the District Court before which the ac­ ernment Ordinance No. 6,18 and 21 shall cused is ordered to appear for trial. The lars in conformity to this paragraph, no not apply to proceedings.under this sec­ original and two copies of the Arrest Re­ separate charges need be filed. The par­ tion. port Form shall be delivered forthwith by ticulars shall contain a plain and concise (p) Article 16; effective and operative the person making the arrest to the statement of the facts alleged to consti­ dates. (1) This section shall apply in prison officer of the military stockade tute the offense and the place and time the Laender of Bavaria, Bremen, Hesse or guardhouse or to the warden of the thereof in order that the accused may and Wuerttemberg-Baden, and the U. S. jail where the person arrested is con­ have the information reasonably neces­ Sector of Berlin. fined. The authorities having custody of sary to enable him to prepare his de­ (2) This section shall become effective the person arrested shall cause such per­ fense. Charges shall state the specific son to be brought before a Magistrate section and subsection of the Control on August 18, 1948, and paragraphs, (a), or other official empowered to commit to Council, Military, Military Government (b), (d), (f), (k), (m), (n) and (p) of trial or admit to bail within twenty-four or German legislation claimed to have this section shall become operative on hours from the time of arrest, if prac­ been violated. Charges and particulars the effective date. All other paragraphs ticable, and in any event within three shall be drawn in the English language of this section shall become operative in days unless directed otherwise by the which shall be the official text. When each of said Laender and the United senior district judge of the district in such language is not the native language States Sector of Berlin on the date pre­ which the accused is confined. The origi­ of the person accused, the charges and scribed in a notice or notices to be sub­ nal and one copy of the Arrest Report particulars shall also be drawn in a lan­ sequently published by the. appropriate Form shall be furnished by the authori­ guage which the accused adequately un­ authorities in Germany. Such notice or ties having custody of the arrested per­ derstands. Charges and particulars must notices may provide different operative son to the official before whom he is be signed by an authorized person, and dates for each such Laender and said brought, and the original shall there­ such person must swear either that he Tuesday, January 11, 1949 FEDERAL REGISTER 129

has personal knowledge of, or has investi­ satisfy Itself that the accused under­ (8) A summing up by the accused or gated, the matter set forth therein and stands that his admission of the act or his counsel followed by a summing up that the same are true in fact, to the best acts charged gives a Court the right to by the prosecution. of his knowledge and belief. Charges sentence him to the penalties prescribed (9) Announcement by the Court of its and particulars against any person sub­ for the offense with which he has been findings and the reasons therefor. ject to Article 2 of the Articles of War charged. (10) In the event of acquittal on all of the United States shall be signed only (12) If the accused admits the com­ charges, the immediate discharge of the by a person also subject thereto. mission of the act or acts charged and if accused. (2) All offenses committed by one per­ the Court is satisfied that such admis­ (11) In the event of conviction, hear­ son may be charged on the same'charge sion establishes the guilt of the accused, ing of statements and evidence for the sheet and shall be tried together, unless it shall enter a plea of guilty. Upon a prosecution and the defense to assist the on the application of the accused the plea of guilty of all offenses charged, the Court in arriving at a proper sentence Court grants leave for any of them to be Court will hear such statements for the and an opportunity for the District At­ tried separately. Alternative charges prosecution and the defense and such torney to introduce evidence of prior con­ may be charged against one or more evidence as it requires to enable it to victions bearing upon the sentence to be persons on the same charge sheet. determine the sentence to be imposed. imposed. (3) Persons accused of the same of­ Thereupon the Court shall impose any (12) Announcement by the Court of fense committed in the course of the sentence it is authorized by law to im­ the sentence to be imposed. same transaction, or of aiding and abet­ pose. (13) When it appears that the defend­ ting the same, or of offenses arising out (13) If the accused denies the com­ ing counsel or the accused are not famil­ of the same transaction may be charged mission of the act or acts charged, the iar with Military Government Court pro­ and tried together. Any accused per­ Court shall enter a plea of not guilty. cedures, the presiding judge will take it son who considers that his defense may If both parties are ready for trial, the upon himself to conduct the proceedings be prejudiced by being tried jointly with Court may then proceed forthwith to to the extent necessary to protect the othqp accused may, before evidence for trial of the case; otherwise it shall ad­ interests of the accused and to bring out prosecution has been heard, apply to the journ the hearing to such time as it may all the facts pertinent to the issue being Court for his case to be tried separately, deem reasonable. tried. and the Court may order a separate (14) At the time the accused is called (f) Article VI; evidence. (1) The ad­ trial. upon to plead, he may be compelled to missibility of evidence shall be in accord (4) The charges shall be served upon answer any questions which tend to es­ with the Rules of Evidence generally rec­ the accused at least twenty-four hours tablish his nationality, status, and iden­ ognized in the trial of criminal cases in before he is called upon to plead to them. tity. the United States. The most important Any amendment to the charges or any (15) No person shall be tried except of these Rules are summarized in Chap­ new charges shall be similarly served. before a Magistrate within eight days ter 25 of the Manual for Courts Martial, (5) If in a hearing before a Magistrate of the service of the charges on which U. S. Army. it appears that the gravity of the offense the accused stands trial unless it affirma­ (2) A District Judge shall not order a is such that any sentence he is author­ tively appears on the record that the new trial or the Court of Appeals set is'd by law to impose is not adequate, accused expressly waives the right to the aside a conviction because of any error upon motion of the District Attorney the delay required hereby. in the admission or exclusion of evidence Magistrate shall order the accused held (e) Article V; trial. Trial shall follow unless refusal to take such action appears for trial before the appropriate District the procedure outlined below : to be inconsistent with substantial jus­ Court and either admit the accused to ( 1 ) A statement by the prosecutor out­ tice. bail or remand him to custody. lining the facts to be proved by the (3) The accused may, but need not (6) The Court before which the ac­ prosecution, and the calling of the prose­ unless he so desires, testify in the pro­ cused is to be tried shall inform the ac­ cution’s witnesses. ceedings. No comment may be made, or cused of his right to the aid of counsel (2) After each witness has given evi­ inference drawn, from the accused’s in every stage of the proceedings arid be­ dence, cross-examination by the accused failure to testify. If the accused desires fore any further proceedings are had. or his counsel. to testify, he Is to be sworn, and may be (7) If the accused desires to procure (3) Re-examination by the prosecutor cross-examined like any other witness. and consult with counsel he shall be af­ of any prosecution witness upon any new (4) No witness before a Military Gov­ forded a reasonable opportunity to do so. matter appearing in the cross-examina­ ernment Court, or before any officer or If he is unable to obtain counsel himself tion or, with the Court’s consent, upon other person designated to take a deposi­ after making reasonable efforts to do so, any other matter. tion to be read in evidence before any the Court may, and in cases other than (4) At the conclusion of the case for Military Government Court, shall be those before a Magistrate, shall, appoint the prosecution, the entertainment by compelled to answer any question, the counsel for him and grant the accused the Court of any motions by the accused answer to which may tend to incriminate a like opportunity to consult therewith, or his counsel for a finding of “not him, or to answer any question not ma­ unless the accused waives this right. guilty”. The Court may on its own mo­ terial to the issue when., such answer (8) If the accused is charged with an tion, if the evidence properly before the might tend to degrade him. offense for which the District Attorney Court fails to prove the accused guilty (5) The District Attorney or the ac­ is asking a death sentence, represents-- of the charges against him or of any cused or his counsel may take the testi­ tion by counsel is mandatory and no pro­ lesser included offense or offenses, enter mony of any person by deposition upon ceedings shall be had until counsel has a finding of “not guilty”.^ oral examination or written interroga­ been procured or assigned. (5) A statement by the accused or his tories for use as evidence. Such deposi­ (9) The Court shall read the charges counsel followéd by the calling, examina­ tions may be taken before any person to the accused and his counsel, if he has tion, cross-examination and re-examina­ qualified to administer an oath. Both one, and shall satisfy itself that the ac­ tion of the witnesses for the defense in parties shall have the right to propound cused and his counsel understands the the same manner as in subparagraphs questions. charges so read. (1), (2) and (3) above. (6) A duly authenticated deposition (10) If the offense charged is one for (6) When all the witnesses for the taken upon reasonable notice to the op­ which the law provides the death pen­ defense have been called and the case posite party may be read in evidence alty and if the Court is satisfied that the for the defense closed, the calling by the before any Military Government Court ends of justice may require its imposi­ prosecution, or with leave of the Court in any case not capital, if such deposition tion, it shall enter a plea of not guilty. the recalling, of any witness for the .pur­ be taken when the witness resides, is (11) In every other ease, after the poses of rebuttal of any material state­ found, or is about to go beyond the United ment made by any witness for the de­ States Area of Control, or beyond the charges have been read to the accused, fense or of giving evidence on any new distance of 100 miles from the place of the Court shall ask him if he admits or matter raised by the defense. trial or hearing, or when it appears to if he denies the commission of the act (7) The Court may for cause permit the satisfaction of the Court that the wit­ or acts (neglects or omissions) with further evidence to be introduced by the ness, by reason of age, sickness, bodily which he has been charged and shall prosecution or the defense or both. infirmity, imprisonment, or other reason- 130 NOTICES able cause, Is unable to appear and testify run concurrently unless the Court other­ accepted practices of local Juvenile courts in person at the place of trial or hearing: wise specifically orders. and those of the United States, includ­ Provided, That testimony by deposition A Court shall, when imposing any fine, ing so far as practicable the following may be adduced for the defense in cap­ impose a sentence of imprisonment to measures: ital cases. be served in default of payment of such (i) Report from the local Jugendamt (g) Article VII; witnesses. (1) A fine, and may direct the period within in advance of trial; Military Government Court shall have which the fine shall be paid; In the (ii) Detention, where necessary, in a power to summon as a witness any per­ event of default in payment of a fine, special institution, or in any event,,apart son except a child under 14 years of age, the Court may order the alternative from adult offenders; in which case it may summon the par­ sentence to be put into effect without (iii) Hearing informally in closed ses­ ents or guardian to bring the child to bringing the accused again before the sion with the Jugendamt acting as ad­ attend as a witness, and except a person Court. viser; and subject to military law, in which case the (4) A Court in imposing any sentence (iv) Interrogation of parents and re­ attendance of such witness will be ob­ may in exceptional circumstances sus­ lease in their custody or in the custody tained by a request made to the com­ pend the execution thereof in whole or of the local Jugendamt if appropriate. manding officer of such person to order in part on such terms as it thinks fit. (9) An offender over 16 years of age, his attendance. Sentences will be suspended only for a but under 18 years of age, may be (2) Any person whom the Court may definite reason. In all cases where a sus­ treated in all respects as an adult, if in summon as a witness may be ordered to pension is ordered the reasons for it will the opinion of the Court his physical and bring with him any document or article be fully stated in the record. The "Court mental maturity make his treatment un­ in his possession or under his control in suspending any sentence, will state der subparagraph (8), above, inadvisable. which has a bearing on the issues of the specifically the terms upon which it is (1) Article IX; contempt. (1) A case, provided that the production of the suspended. Court shall have the power to hold in document or article in question is not a (5) After sentence the Court may, ex­ contempt any person, including the ac­ violation of military security. cept in case of a sentence of death, or in cused, counsel, witnesses, officials or (3) Whenever the Court has reason to a case where the accused has been found spectators. believe that a witness may be intimidated guilty of murder, rape or armed robbery, (2) Contempt punishable by a Court or become unavailable at the trial, it may order the accused to be released on or includes the following acts: direct that he be detained as a material without bail on such terms as it thinks (1) The use of insulting language or witness, provided that no such person fit, pending action of the Court of Ap­ an insulting manner to a judge or mag­ shall be detained for a period of more peals or of the District Court. istrate in Court, or in the precincts of the than 21 days without a further Court (6) When an accused is convicted, the Court; order being made. A report of such de­ Court shall, after pronouncing sentence, (ii) Any speech or writing calculated tention shall be made forthwith to the advise the accused and his counsel of to bring a Court or a judge into con­ Chief Judge of the Court of Appeals. the right of the accused to petition for tempt; (4) Any person other than the ac­ a review of or appeal from his conviction. (iii) Any speech or writing substan­ cused may be required to testfy before a (7) , In any case where no special pro­tially misrepresenting the proceedings of Military Government Court, provided vision therefor is made by law the Court a Court, or prejudicing the public against that no witness shall be required to in­ may, in addition to or in lieu of a sen­ any party to a pending judicial proceed­ criminate himself and provided also that tence: ings, or tending to obstruct the proper a Court shall not compel: (i) Order the restitution to the lawful administration of justice; (1) A husband or wife or a parent or owner, confiscation, forfeiture to the (iv) Any improper attempt to inter­ child to give evidence against the other United States Armed Forces or local pub­ fere with or to influence the orderly or to disclose any communication made lic authority, of any property or any pro­ processes of justice in judicial proceed­ to him or her by the other; ceeds of such property whenever an ac­ ings; (ii) A legal advisor to disclose any cused is found guilty of an offense an (v) Any private communication to a communication between himself and a essential element of which is the illegal Judge or Magistrate for the purpose of client made in the course of a profes­ possession, use, purchase or sale of said influencing his decision on a pending sional relationship except when the com­ property; judicial proceeding; munication was part of or connected (ii) Order the closing of any business (vi) Any intimidation, or obstruction, with an unlawful act or omission; premises or residence, the suspension of or attempt to bribe any party to any (iii) A priest (or other minister of business, or the withdrawal or suspension pending judicial proceeding, or the law­ religion) to disclose any communication of any license for the operation of same yer to any such party, or a witness, or made in the course of a confession. or of any similar business, where an ac­ a person likely to be called as a witness; (5) Each witness called shall take cused is found guilty of the illegal opera­ (vii) The refusal of a witness to be oath or make affirmation before giving tion of a business, and in any such case, sworn qf to make an affirmation, or after evidence, except that a child who in the may order the confiscation, forfeiture to, his being sworn or having affirmed, his judgment of the Court does not under­ or temporary custody by the United improper refusal to answer; stand the nature of an oath but neverthe­ States Armed Forces or local public au­ (viii) Obstruction of an officer of the less understands the duty of speaking the thority of any stock in trade to which Court in the execution of his duty; truth may give evidence without being such illegal operation relates; (ix) Disobedience of an order of the sworn or making affirmation. The oath (iii) In cases in which it appears or is Court. or affirmation shall be administered in alleged that the accused is insane, order > J ) Article X; procedure for review of the English language and in the case of a the accused commited for examination cases before magistrates. (1) Three witness who does not understand such and if insanity is established order the copies of a petition for review after con­ language shall also be translated into a accused to be kept in custody in a men­ viction by a Magistrate must be filed in language which the witness adequately tal hospital or other suitable place sub­ the Clerk’s office of the District Court ject to further order of the Court. of the district wherein the trial was held. understands. The petition must be filed within five (h) Article VIII; findings and sen­ Whenever an accused is so ordered held in custody, a report of such order shall days after a finding of guilty or within tences. (1) A Court shall announce its be made forthwith to the Chief Presid­ such further time as the Magistrate may findings on each charge before it and ing District Judge, br the Presiding Dis­ fix within the five-day period. shall pronounce a separate sentence in trict Judge if there is no Chief Presid­ (2) The petition shall state specifically respect to each of the charges upon ing District Judge, of the Land or Sector the ground or grounds for review. which the accused is found guilty. in which the proceedings were heard, (3) If the petition is based on the con­ (2) Every sentence of imprisonment who shall have power to make such tention that the Magistrate has failed shall state the date of commencement further order or direct such further pro­ to follow a decision of the District Court thereof, which, if the accused was pre­ ceedings as shall appear just. or the Court of Appeals, the petition viously in confinement, shall ordinarily (8) In cases involving offenders un­ shall refer to that decision and shall state make allowance for the period of con­ der the age of 18 years, the Court shall wherein the Magistrate- has failed to finement; sentences shall be deemed to adopt a flexible procedure based on the follow it. Tuesday, January 11, 1949 FEDERAL REGISTER 131 (4) If the petition is based on-a con­ (15) The Judge to whom a petition for conviction should be set aside and shall tention of denial of due process of law, review has been referred, after examina­ notify the Clerk of the Court of Ap­ it shall state what right of the convicted tion of the petition for review, any an­ peals of his wish to be heard in oral person has been denied by the Magis­ swering petition of the District Attorney, argument. If the Court is of opinion trate. the parts of the record designated by the that it desires to hear oral argument, (5) If the petition is based on the con­ defense, the District Attorney, or ordered the Court shall then set the case down tention that the Magistrate’s ruling transcribed by said Judge, and after for argument on a day certain and ad­ against the person convicted proceeds hearing of oral argument of the same vise the convicted person or.his counsel from an erroneous view of an important has been ordered, shall enter an order, of that date. Question of the law, the petition shall as in the pircumstances is appropriate (4) In all other cases in which a con­ state the question and shall point out' in accordance with Military Government victed person or his counsel desires to wherein the Magistrate erred. Ordinance No. 31, Article 3, Section 9. petition for leave to appeal to the Court (6) If the petition is based on the con­ (See sec. 3.6a (c) (9) of this part.) of Appeals from a judgment by reason tention that the convicted person’s rights (16) The clerk of the District Court of which he feels aggrieved, he shall have been substantially prejudiced, the of the District in which the Magistrate’s notify the Clerk of the Court of Appeals petition shall set out those rights and trial was held shall cause such order of and the clerk of the Court in which the state wherein they have been prejudiced. the Judge to bp filed with the record of trial was had of his intention of filing (7) If the pétition is based on the con­ the trial before the Magistrate. such petition within fourteen days of tention that the sentence imposed by (17) In the absence of a stenographic the date of the rendition of the judg­ the Magistrate is excessive, it shall con­ transcript of the record of any case tried ment. The clerk of the Court in which tain a brief summary of the facts by before a Magistrate, the Magistrate shall the trial was had shall furnish the con­ reason of which the defendant was found make up the record or portions thereof victed person or his counsel with a guilty and shall state the reasons why required from his trial notes. If either transcript'of the record. Within twenty the sentence imposed by the Magistrate the District Attorney or the accused or days of the service of that record, the was not appropriate to those facts and his counsel shall question the record or convicted person or his counsel shall file to the circumstances of the defendant. portion thereof so made, the Magistrate with the Clerk of the Court of Appeals (8) The District Attorney, if he so de­ shall settle the questions raised at a hear­ seven copies of his petition (brief) set­ sires, may file an answer to the petition ing, on reasonable notice to the District ting forth his reason for asking for the within five days after the time the con­ Attorney and to the accused or his coun­ appeal. If after examination of the rec­ victed person’s petition is filed or within sel. If either still questions the record ord and the petition the Court of Ap­ such further time as the Magistrate may after such hearing, the matters in ques­ peals wishes to hear the case, the clerk fix within the five-day period. tion may be raised in the petition of the shall notify the convicted person or his (9) If such petition for a review, accused for review and in the answer counsel and shall indicate in the notice after conviction by a Magistrate, is filed, of the District Attorney before the Dis- if it wishes an oral argument and on the Clerk of the District Court shall triqt Judge to whom the petition has what day that argument will take place. notify the Magistrate concerned. been referred. (5) In any case where the Court of (10) In his petition for a review, the (k) Article XI; appeals. (1) The Appeals wishes to call a case up for re­ accused or his counsel shall make a defi­ record of a criminal case to be considered view the Clerk of that Court shall notify nite statement of the points on which he on appeal shall consist of (a) the charges the clerk of the Court where the pro­ intends to rely and a designation of the against the person convicted, (b) the ceedings were had and the latter shall parts of the record which he thinks nec­ transcript of so much of the evidence furnish the Clerk of the Court of Ap­ essary for a consideration thereof. adduced at the trial as the District At­ peals with a transcript of the record of (11) The District Attorney in his an­ torney or Counsel for the convicted per­ such proceedings. If the Court of Ap­ swering petition may designate in writ­ son may desire to be included, (c) judg­ peals desires to hear the convicted per­ ing additional parts of the record which ment, (d) the sentence imposed, and (e) son, either by brief or by oral argument, he thinks pertinent. the opinion of the District Judge. the Clerk thereof shall notify the con­ (12) The parts of the record so desig­ (2) In cases in which the Court of victed person and shall give in the no­ nated by the accused or his counsel and Appeals must take the case on appeal, tice the dates for filing briefs or making by the District Attorney shall be tran­ the Clerk of the Court in which the arguments. scribed and copies furnished to the trial was had shall furnish the person (6) In the absence of a stenograph accused or his counsel, the District convicted or his counsel with a transcript transcript of the record, the trial court Attorney and the Judge before whom the of the record of the trial as seon as or judge shall make up the record from review is to be had. practical. Within twenty days of the the trial noted. If the record so made (13) Proceedings under this Article service of tjiat record, the person con­ is questioned by either the District At­ shall be referred for determination to the victed or his counsel may notify the torney or the accused or his counsel, the District Judge designated by the Presid­ Clerk of the Court of Appeals of his wish record shall be settled as is provided ing Judge of the District in which the to be heard on the appeal, and if so for settling a record under paragraph trials occurred, unless the Chief Presid­ shall file seven copies of a petition (brief) (j) (17) of this section, and with like ing District Judge of the particular Land setting forth his reasons why the con­ right to raise any question as to the shall have designated another District viction should be set aside and shall in­ record before the Court of Appeals. Judge in such Land to whom such pro­ dicate if he desires an oral argument. (7) The time for filing petitions de­ ceedings are to be referred, in which In the latter event, the Court, if it con­ scribed in subparagraph (2), (3) and (4), event such proceedings are to be deter­ siders that oral argument is desired, shall above, may upon application of a con­ mined by such latter Judge. The fore­ set the case down for argument on*a victed person or his counsel be extended going is subject to the power of the Chief day certain and advise the convicted by the Court of Appeals or any Judge Judge of the Court of Appeals, to be person or his counsel of that date. thereof. exercised as in his discretion seems (3) In cases in which the person con­ (8) In all cases where the accused or proper, to designate any Judge or Judges victed has the right of appeal, he or his of the Court of Appeals or of any Dis­ his counsel file petitions for appeal, the counsel, shall within fourteen days no­ District Attorney shall have a right to trict to determine any particular pro­ tify the Clerk of the Court of Appeals ceedings or group of proceedings. and the clerk of the court in which the answer the said petitions within such (14) A Judge to whom a petition for trial was had of his intention of exercis­ time as the Court of Appeals may fix. a review has been referred may, if he so ing that right. The Court Clerk of the (9) A petition to the Court of Appeals desires, order any parts of the record not Court in which the trial was had shall shall contain (a) a concise statement of designated by either the accused or the furnish the convicted person or his coun­ the questions presented by the appeal, District Attorney for transcription, to be sel with a transcript of the record of the (b) a reference to the legislation in­ transcribed and furnished to him in, trial as soon as practical. Within volved, (c) a summary of the facts connection with the review, or call upon twenty days of the service of that rec­ brought out at the trial, and (d) such the District Attorney and the accused or ord, the convicted person or his coun- argument on the facts and the law as the his counsel to make oral argument on a -sel shall file seven copies of a petition convicted person or his counsel shall be­ day fixed by the reviewing Judge. (brief) setting forth his reasons why the lieve to be pertinent. 132 NOTICES statement of any matter which is not (1) Article XII; application and (a) By delivering a copy of the sum­ amendment. (1) This Code of Criminal mons and complaint to him personally, averred with sufficient definiteness or or particularity to enable him properly to Procedure shall apply in all criminal pro­ prepare his responsive pleading or to ceedings under Military Government Or­ (b) By leaving a copy of the summons and complaint at the place where he prepare for trial. The motion shall dinance No. 31 (see sec. 3.6a of this point out the defects complained of and part). In any proceedings to which this usually resides with some person of suit­ able age and discretion then residing the details desired. Code applies, whenever the provisions (4) When a party against whom a hereof are in conflict with the Rules of therein, or (c) If he is a citizen of the United judgment for affirmative relief is sought Practice in Military Government Courts, has failed to plead or otherwise defend existing on the effective date of this Code, States or of one of the occupying na­ tions, by mailing a copy of the summons and that fact is made to appear by affi­ the provisions hereof shall control. davit or otherwise, the Clerk shall enter (2) The provisions of paragraph (j) and complaint by registered mail to his (excepting subparagraphs (13) and (15), last known address in the United States his default. - \ area of Control; and if not, service may (5) The party entitled to judgment by and the provisions of paragraph (k) default shall apply to the Court there­ hereof are hereby made subject to the be made in the manner provided in Sec­ tion 166 ff of the Code of Civil Procedure for; but no judgment by default shall be power of the Court of Appeals to change entered against an infant or incompe­ and amend the same from time to time in the version of November 8, 1933 (RGB1.1, S. 821); tent person unless represented in the under authority of Military Government action by a general guardian, committee, Ordinance No. 31, Article 4, paragraph 6. Provided, That in the case of service conservator, or other such representa­ (m) Article XIII; effective date. This upon an infant or incompetent person, tive who has appeared therein. If the ordinance shall become effective in the if service is in accordance with subpara­ party against whom Judgment by default Laender of Bavaria, Bremen, Hesse and graph (1) (i) (a), above, the person to is sought has appeared in the action, he Wuerttemberg-Baden and -in the US whom delivery is made shall be the per­ (or, if appearing by representative, his Sector of Berlin on August 18, 1948. By son with whom such infant or incom­ representative) shall be served with Order of Military Government. petent lives or who is charged with his written notice of the application for S ec. 3.6c. Ordinance No. 33; code of care and control; and if service is in ac­ judgment at least three days prior to the civil procedure for United States Military cordance with subparagraphs (1X1) (b) hearing on such application. If, in or­ Government Courts for Germany-— (a), or (c), above, the residence shall be the der to enable the Court to enter judg­ Article I; commencement of the proceed­ residence and address of the person with ment or to carry it into effect, it is neces­ ings. (1) Civil proceedings in the whom such infant or incompetent lives sary to take an account or to determine United States Military Government or of the person who is charged with his the amount of damages or to establish Courts for Germany, established under care and control. the truth of any averment by evidence or Ordinance No. 31 (see Sec. 3.6a of this (ii) Upon a domestic or foreign cor­ to make an investigation of any other Part) shall be commenced by the filing poration or a partnership or other un­ matter, the Court may conduct such of a complaint in the office of the Clerk incorporated association, by delivering a hearings as it deems necessary and of the appropriate District Court. copy of the summons anfi complaint to proper. (2) There shall be one type of action an officer, a managing or gteneral agent, (f) Article VI; answer. (1) A party to be known as a “civil action.” or to any other agent authorized by should state his defenses to each claim (b) Article II; complaint. (1) The appointment or by law to receive service asserted and should admit or deny the complaint should state facts which con­ of process. averments upon which the adverse party stitute a cause of action in favor of the (2) The marshal, his deputy or a per­ relies. If he is without knowledge or plaintiff against the defendant and son designated by the Court to serve the information sufficient to form a belief as should demand the specific relief to summons and complaint, shall note his to the truth of an averment, he shall so which the plaintiff considers himself en­ written certificate upon the original of state and this has the effect of a denial. titled. It may contain a general prayer the summons showing the time and man­ Any matter constituting an avoidance for any other relief to which the plaintiff ner of service and file same forthwith or affirmative defense or a counter-claim, may appear to be entitled. in the Clerk’s office. shall be set forth affirmatively. (2) The plaintiff may state as many (3) Service of process is waived by an (2) A defendant shall deliver a copy separate claims as he has regardless of appearance filed in Court on behalf of of his answer to each plaintiff, or his at­ consistency. a party. torney, within twenty days after the (c) Article III; summons upon com­ (e) Article V; motions. (1) An ap­ service of the summons and complaint plaint. (1) Upon the filing of the com­ plication to the Court for an order shall upon him unless the Court directs other­ plaint the Clerk shall forthwith issue a be by motion which, unless made during wise, and shall forthwith file a certificate summons and deliver it, together with a hearing or trial, shall be made in writ­ with the Court that he has done so. a copy of the complaint, for service to the ing, shall state with particularity the (3) A plaintiff against whom a coun­ marshal or to a person specially appoint­ grounds therefor, and shall set forth the ter-claim is filed shall file an answer ed by the court for that purpose. Upon relief or order sought. No hearing on thereto. The provisions of subpara­ any motion, other than a motion made graphs (1) and (2) of this paragraph request of the plaintiff separate or addi­ during a hearing or trial, shall be had tional summons shall issue against any without notice to the opposing party or shall apply. defendants. (g) Article VII; pleadings generally. (2) The summons shall be signed by parties as the Court shall direct. (1) All pleadings must contain a plain the Clerk, be under the seal of the Court, (2) The following defenses may at the and concise statement of the facts on contain the name of the court and the option of the pleader be made by mo­ which the pleader relies, but not of the names of the parties, be directed to the tion; evidence by whichthey are to be proved. defendant, state the name and address (i) Lack of jurisdiction over the sub­ (2) Every pleading shall contain a of the plaintiff ’& attorney, if any, other­ ject matter; caption setting forth the name of the wise the plaintiffs address, and the time (ii) Lack of jurisdiction over the per­ court, and the title of the action. In the within which these rules require the de­ son; complaint, the title of the action shall fendant to appear and defend, and shall (iii) Improper venue; include the names of all parties, but in notify him that in, case of his failure to (iv) Failure to state a claim upon other pleadings it is sufficient to state the do so judgment by default will be ren­ which relief can be granted. A motion name of the first party on each side with dered against him for the relief demand­ making any of these defenses shall be an appropriate indication of other par­ ed in the complaint. . disposed of before a hearing on the ties. (d) Article IV; service. (1) Themerits. (3) Each claim founded upon a sep­ summons and complaint shall be served (3) Before responding to a pleading arate transaction or occurrence and each . together by a marshal, by his deputy or or, if no responsive pleading is permitted defense other thart denials shall be stated by some person specially appointed by by these rules, within twenty days after : in a separate count or defense whenever the Court for that purpose.. the service of the pleading upon him, unless the Court directs otherwise, a a separation facilitates the clear presen­ (i) Service upon an individual shall tation of the matters set forth. be made either; party may move for a moye definite

V Tuesday, January 11, 1949 FEDERAL REGISTER 133 (4) If any pleadings be insufficient, / (9) The Court upon the conclusion cJ Clerk of the Court of Appeals. If the the Court may order a fuller or more a case shall make written findings of particular statement; and if the plead­ Court of Appeals wishes to hear oral fact and conclusions of law. argument, its clerks shall notify the par­ ings do not sufficiently define the issue, (j) Article X; judgments. In an ac­ the Court may order other issues pre­ ties or their attorneys and shall indicate tion in which any part of the relief l^ th e notice on what date such argu- pared; and may setjtle the issues-if the sought is a judgment for a sum of money parties differ. meht will take place. or the disposition of a sum of money or (m) Article XIII; application. This (5) Every material allegation of fact disposition,of any other thing capable of In a pleading which,is not denied by the Code of Civil Procedure shall apply in all delivery, a party may by leave of court civil proceedings in United States Mili­ adverse party shall be deemed to be ad­ deposit with the Clerk of the Court all mitted, unless the latter avers that he tary Government Courts for Germany or any part of such sum or thing. established under Military Government has no knowledge or information thereof (k) Article XI; costs and fees. Costs sufficient to form a belief. Ordinance No. 31 (see sec> 3.6a of this and fees shall be allowed as of course to part). In any proceedings to which this (6) A party may set forth two or more the- prevailing party unless the Court statements of a claim or defense alter­ Code applies, whenever the provisions otherwise directs. Costs and fees may be hereof are in conflict with the Rules of natively or hypothetically, either in one taxed by the Clerk on two days notice. • count or defense or in separate counts or Practice in Military Government Courts, On motion served within five days there­ existing on the effective date of this Code, defenses. after, the action of the Clerk may be re­ (7) A party may amend his pleading the provisions hereof shall control. viewed by the Court. (n) Article XIV; effective date. This only by leave or court or by written con­ (l) Article XII; appeals. (1) The rec­ sent of the adverse party; and leave shall ordinance §hall become effective in the ord on appeal shall contain: Laender of Bavaria, Bremen, Hesse and be freely given when justice so requires. (1) J?he summons and complaint; (8) Every pleading of a party repre­ Wuerttemberg-Baden and in the U. S. (ii) Any subsequent motions or plead­ Sector of Berlin on 18 August 1948. By sented by an attorney shall be signed by ings; Order of Military Government. at least one attorney of record in his in­ (iii) The judgment of the Court; - dividual name, whose address shall be (iv) The opinion of the judge or mag­ [sear] Upward F. W itsell, stated. A party who is not represented istrate rendering the judgment; Major General, by an attorney shall sign his pleading (v) A typewritten transcript of such The Adjutant General. ''and state his address. portions of the record of the trials as the [F. R. Doc. 49-211; Filed, Jan. 10, 1949; (9) All pleadings and orders of the petitioner and the respondent shall have 8:59 a. m.] court shall be filed in the Clerk’s office designated to be transcribed. and the same shall not become effective (2) In any case in which a party of until such filings take place. his counsel desires the Court of Appeals DEPARTMENT OF COMMERCE (10) A pleading which is in substan­ to permit an appeal from a judgment by tial compliance with these rules shall be reason of which he feels aggrieved, he Bureau of the Census considered sufficient. No case will be shall file a notice'for such appeal to-*'' finally disposed of on a technicality of gether with proof of service of such no­ S tatistics op M anufactures pleading. tice, on the opposing party or parties, or NOTICE RELATING TO ANNUAL SURVEYS OF (h) Article VIII; evidence and witness. his or their counsel, with the clerk of the MANUFACTURERS The rules of evidence and provisions con­ court in which the trial took place within cerning witnesses prescribed in Articles In conformity with the act of Congress twenty days after the date of judgment. approved June 19, 1948, 62 Stat. 478, I VI and VII of Military Government Such notice shall designate such parts of Ordinance No. 32 (see sec. 3.6b of this have determined that data relating to in­ the trial record as the aggrieved party dustries listed below are needed to aid part) shall apply mutatis mutandis. desires to be transcribed. The clerk of (i) Article IX; trials. Trials shall fol­ the efficient performance of essential the court in which the trial took place governmental functions and have signifi­ low the procedure outlined below: shall furnish all parties with a steno­ (1) A statement by the plaintiff out­ cant application to the needs of the pub­ graphic transcript of the parts of the lic and industry and are not publicly lining the facts to be proved by him, or trial record so requested as soon as his attorney, and the calling of the plain­ available from non-governmental or practicable. The cost of transcribing the other governmental sources. tiff’s witnesses. record shall be paid to the clerk by the (2) After each witness has given evi­ The apparel group of industries em­ party requesting the appeal before the ploys more than a million persons. In­ dence, cross-examination by the defend­ appeal will be considered, unless the trial ant, or his attorney. formation on apparel output is necessary court orders otherwise. to the adequate- measurement of total (3) Re-examination by the plaintiff, (3) Within fourteen (14) days after or his attorney, of any witness upon any manufacturing production. The indus­ the service of such parts of the record, tries listed below are important apparel new matter appearing in the cross-ex­ the aggrieved party shall file with the amination or, with the court’s consent, industries. Government agencies need clerk of the court in which the trial took data on the production of these indus­ upon any other matter. place seven copies of a petition setting (4) Consideration of any motions ad­ tries. Manufacturers of apparel as well forth his reasons for asking for the re-> as their suppliers and customers’ trade dressed to the sufficiency of the plain­ view together with proof of service of a tiff’s case. associations, and the general public have copy thereof on each opposing party or also requested such data in the interest (5) A statement by the defendant, or his attorney. The opposing party or his attorney, followed by the calling, ex­ of business efficiency. parties may within ten days after service Information will be collected from the amination, cross-examination, and re­ of such petition thereon, designate in following industries: examination, of the witnesses for the de­ writing to such clerk of court such ad­ fendant. ditional parts of the trial record as he Women’s, misses’, and Juniors’ outerwear. (6) When all the witnesses for the or they desire to be transcribed, and the Women’s and children’s underwear made defendant have been called and the case from woven fabric. clerk of court shall thereupon furnish all Children’s and infants’ outerwear. for the defendant closed, the calling by parties with a stenographic transcript Knit cloth for sale. the plaintiff, or his attorney, or with leave thereof as soon as practicable. Within Knit outerwear. of court, recalling .of any witnesses for fourteen days after service of such ad­ Gloves and mittens. the purposes of rebuttal of any material ditional parts of the record, such oppos­ Knit rayon underwear. statement made by any witness for the ing parties may file with such clerk briefs Reports furnishing this information defendant or of giving evidence on any in opposition to the petition provided new matter raised by the defendant. will be required from all manufacturers that no such brief shall be accepted with­ in the above industries. (7) The taking of such further evi­ out proof of service of a copy thereof on dence as the Court may, for cause, The reports described above will re­ each opposing party or his attorney. The quire reporting of shipments and pro­ permit. clerk of court with whom the foregoing (8) A summing up by the defendant duction of principal garments or prod­ are filed shall then transmit them to­ ucts of the industry. Blank copies of the of his attorney followed by a summing gether with three copies of the record on up by the plaintiff or his attorney. forms to be prepared are available to appeal certified by said clerk, to the producers of the listed industries on re- 134 NOTICES quest to the Director, Bureau of the is effective December 14,1948 and expires Federal Power Commission, by Northern Census, Washington 25, D. C. June 13,1949. Natural Gas Company (Applicant), a I have, therefore, directed that sur­ The Colette Mfg. Co., Santurce, Puerto Delaware corporation with its principal veys be conducted for the purpose of Rico; to employ 10 learners in the hair place of business f t Omaha, Nebraska, collecting the data hereinabove de­ net industry, as follows: 6 learners in the for the determination of a service area scribed. occupation of knitting operator at not pursuant to section 7 (f) of the Natural less than 22 cents an hour for the first Gas Act, within which Applicant may [ s e a l ] J . C . C a p i , 160 hours and not less than 25 cents an enlarge or extend its facilities for the Director. hour for the second 160 hours; 2 learners purpose of supplying increased market Approved: in the occupation of warping operator at demands in such area without further C h a r l e s S a w y e r , not less than 22 cents an hour for the authorization from this Commission, as Secretary of Commerce. first 400 hours and not less than 25 cents more fully described in the substituted applicatimi. The application was [F. R. Doc. 49-250; Piled, Jan. 10, 1949; an hour for the second 400 hours; and 9:17 a. m.] 2 learners in the occupation of covering amended November 13, 1946, and fur­ elastic operator at not less than 22 cents ther amended by a substituted a p p l i ­ an hour for a learning period not ex­ cation filed December 23, 1948. ceeding 240 hours. This certificate is Applicant states that it owns and op­ DEPARTMENT OF LABOR effective November 7, 1948 and expires erates a natural gas pipeline system May 6, 1949. extending from the Texas Panhandle Wage and Hour Division The employment of learners under Gas Field in northern Texas and the L e a r n e r s E m p l o y m e n t C ertificates these certificates is limited to the terms Hugoton Gas Field in southwestern Kan­ and conditions therein contained and is sas through the States of Texas, Okla­ ISSUANCE TO VARIOUS INDUSTRIES subject to the provisions of the applicable homa, Kansas, Nebraska, and Iowa, and Notice of issuance of special certifi­ determinations, orders and/or regula­ into the States of Minnesota and South cates for the employment of ¿earners tions cited above. These certificates Dakota, by the use of which it is en­ under the Fair Labor Standards Act of have been issued upon the employers’ gaged in the transportation and sale of 1938. representations that experienced work­ natural gas in interstate commerce for Notice is hereby given that special ers for the learner occupations are not resale for ultimate public consumption, certificates authorizing the employment available for employment and that they as authorized by certificates of public of learners at hourly wage rates lower are actually in need of learners at sub­ convenience and necessity issued by this than the minimum wage rate applicable minimum rates in order to prevent cur­ Commission pursuant to section 7 of the under section 6 of the act have been tailment of opportunities for employ­ Natural Gas Act, as amended. issued to the firms hereinafter mentioned ment. The certificates may be cancelled Applicant requests that the Commis­ under section 14 of the act, Part 522 of in the manner provided in the regula­ sion determine its service area to in­ the regulations issued thereunder (Au­ tions and as indicated in the certificates. clude: gust 16, 1940, 5 F. R. 2862, and as Any person aggrieved by the issuance of (a) Collectively, the areas embraced amended June 25, 1942, 7 F. R. 4725), any of these, certificates may seek a re­ within the corporate limits or established and the determinations, orders and/or view o r reconsideration thereof within boundaries of the communities located in regulations hereinafter mentioned. The fifteen days after publication of this no­ the States of Kansas, Nebraska, Iowa, names and addresses of the firms to tice in the F e d er a l R e g is t e r pursuant to Minnesota and South Dakota, and desig­ which certificates were issued, industry, the provisions of regulations, Part 522. nated in the substituted application, to­ products, number of learners, learner Signed at Washington, D. C., this gether with such adjacent suburban occupations, wage rates, learning periods, fourth day of January 1949. areas and environs thereof as are served and effective and expiration dates of the by interconnected or common distribu­ certificates are as follows: I sa b e l F e r g u s o n , tion systems, as set forth in the substi­ Regulations, Part 522, Regulations Ap­ Authorized Representative tuted application. plicable to the Employment of Learners: of the Administrator. (b) An area contiguous to and extend­ Rio Grande Artificial Flower Co., Rio [P. R. Doc. 49-210; Piled, Jan. 10, 1949; ing approximately parallel along the Grande, Puerto Rico; to employ 48 8:46 a. m.] right-of-way upon which Applicant’s learners in the artificial flower industry pipeline system, including main trans­ to manufacture by hand artificial flowers mission, branch and lateral pipelines is for a learning period not exceeding 200 FEDERAL POWER COMMISSION now constructed or certificated for con­ hours at rates not less than 75 percent W achusett E lectric Co. struction, together with sufficient area of the applicable minimum rate of pay. extending therefrom to permit construc­ This certificate is effective December 14, n o t ic e o f o r d e r a p p r o v in g disposition o f tion of loop and tie-over lines, valves and 1948 and expires June 13, 1949. AMOUNTS CLASSIFIED IN ELECTRIC PLANT other appurtenant facilities necessary to Borinquen Artificial Flower Co., Nar- ACQUISITION ADJUSTMENTS AND ELECTRIC the operation thereof. anjito, Puerto Rico; to employ 50 learn­ PLANT ADJUSTMENTS (c) The sites upon which Applicant ers in the artificial flower manufactur­ January 6, 1949. has heretofore constructed compressor ing industry to manufacture by hand Notice is hereby given that, on January stations, dehydration plants, gasoline artificial flowers for a learning period 5, 1949, the Federal Power Commission extraction plants, sulphur removal not exceeding 200 hours at rates not less issued its order entered January 4, 1949, plants, town border stations used for the than 75% of the applicable minimum approving disposition of amounts classi­ measurement and delivery of gas to the rate of pay. This certificate is effective fied in Account 100.5, Electric Plant Ac­ cities, towns, villages and communities December 11, 1948 and expires June 11, quisition Adjustments, and Account 107, referred to in the substituted applica­ 1949. Electric Plant Adjustments in the above- tion and metering or measuring stations Ultimax Co., Vega Alta, Puerto Rico; to designated matter. used for the measurement and delivery of gas to its direct pipeline customers, or employ 45 learners as follows: 10 learners [ seal] Leon M. F uquay, in the occupations of belt sanding, Secretary. any extensions or additions to such sites grinding and polishing drafting instru­ made necessary for the enlargement of ments; 15 learners in the occupation of [P. R. Doc. 49-209; Filed, Jan. 10, 1949; the facilities constructed thereon, and machining parts of drafting instru­ 8:46 a. m.] any additional sites which Applicant ments; 10 learners in the occupation of may hereafter acquire along and adja­ cent to its pipeline system for the con­ assembly and inspection of instruments; [Docket No. G-643] and 10 learners in the occupation of ma­ struction of similar facilities. chining small machine parts at not less N o r t h e r n N a t u r a l G a s C o . Any interested State commission is re­ than 22 cents an hour for the first 520 NOTICE OF APPLICATION FOR DETERMINATION quested to notify the Federal Power hours, not less than 27 cents an hour OF SERVICE AREA Commission whether the application for the second 520 hours, not less than should be considered under the coopera­ 33 cents an hour for the third 520 hours, ► J a n u a r y 5, 194& tive provisions of § 1.37 of the Commis­ and not less than 38 cents an hour for Notice is hereby 'given that on June sion’s rules of practice and procedure the fourth 520 hours. This certificate 18,1945, an application was filed with the and, if so, to advise the Federal Power Tuesday, January 11, 1949 FEDERAL REGISTER 135 Commission as to the nature of its inter­ (c) A 10-inch natural-gas transmis­ a hearing to be held on January 17,1949, est in the matter and whether it desires sion pipe line approximately 57 miles in at 9:30 a. m. (e. s. t.), in the Hearing a conference, the creation of a board, or length extending from said Six Lakes Room of the Federal Power Commission, a joint or concurrent hearing, together Compressor Station southeasterly to a 1800 Pennsylvania Avenue NW., Wash­ with reasons for such request. point near the City of Lansing. ington, D. C., concerning the matters in­ The application of Northern Natural (d) That portion of the Six Lakes volved and the issues presented by such Gas Company is oh file with the Commis­ Compressor Station which is owned by application : Provided, however, That the sion and open to public inspection. Any Consumers Power, being approximately Commission may, after a non-contested person desiring to be heard or to make one-half thereof, or, 2,100 horsepower. hearing, forthwith dispose of the pro­ any protest with reference to the applica­ (This station, which is operated by Con­ ceeding pursuant to the provisions of tion shall file with the Federal Power sumers Power, has an installed capacity § 1.32 (b) of the Commission’s rules of Commission, Washington 25, D. C. not of 4,050 horsepower. It is jointly owned practice and procedure. later than 15 days from the date of pub­ by Consumers Power and Michigan Con­ (B) Interested State commissions may lication of this notice in the F ederal solidated Gas Company.) participate as provided by §§ 1.8 and R egister, a petition to intervene or pro­ (e) The Six Lakes field gate metering 1.37 (f) of the said rules of practice and test. Such petition or protest shall con­ station located on section 27, Millbrook procedure. form to the requirements of §§ 1.8 or 1.10, Township, Mecosta County. whichever is applicable, of the Commis­ (f) The Six Lakes field gate metering Date of issuance: January 5, 1949. sion’s rules of practice and procedure. station located on section 16, Belvidere By the Commission. [ seal] Leon M. F uquay, Township, Montcalm County. Secretary. The proposed change in diameter of [ seal] L eon M. F uquay, the pipe line referred to in paragraph (1) Secretary. [F. R. Doc. 49-212; Filed, Jan. 10, 1949; above is said to be necessary because of [F. R. Doc. 49-213; Filed, Jan. 10, 1949; 8:47 a. m.] Applicant’s continuing inability to ob­ 8:47 a. m.] tain 24-inch diameter pipe. Applicant states, however, that it has arranged to obtain sufficient 20-inch diameter pipe [Project No. 16] [Docket No. G-731] for delivery in January and February, N iagara F alls P ower Co. M ichigan G as S torage Co. 1949 (together with the necessary 12%- inch pipe for construction of the lateral NOTICE OF ORDER AUTHORIZING AMENDMENT ORDER FIXING DATE OF HEARING to Lansing) to enable the construction OF LICENSE J anuary 4, 1949. of that segment* of the proposed line ex­ tending'approximately 57 miles from J anuary 6, 1949. Michigan Gas Storage Company (Ap­ Freedom Junction to a point near Lan­ Notice is hereby given that, on January plicant), a Michigan corporation with sing to be known as the Laingsburg Junc­ 5, 1949, the Federal Power Commission its principal place of business at Jack- tion. It is anticipated that additional issued its order entered January 4, 1949, soij, Michigan, on December 9,1948, filed pipe will be delivered in the spring of in the above-designated matter, author­ an application for amendment of the 1950 which will then permit the exten­ izing amendment of license. certificate of public convenience and sion of this line the remaining distance necessity issued to it on December 4, of approximately 56 miles to Mt. Pleasant [seal] Leon M. F uquay, 1946, at Docket No. G-731. Such cer­ Junction. Secretary. tificate was previously amended by or­ The additional compressor horsepower [F., R. Doc. 49-206; Filed, Jan. 10, 1949; der issued April 3,1947, upon application referred to in paragraph (2) above are 8:46 a. m.] of Michigan Gas Storage Company. proposed to increase the pressure of the Applicant, by such application, re­ natural gas flowing through the proposed quests that the above-mentioned certifi­ 20-inch pipe line and thereby off-set the cate be amended\to authorize: decrease in diameter of pipe. [Project No. 1759] (1) The construction and operation The Temporary operation under lease W isconsin Michigan P ower Co. of approximately 113 miles of 20-inch of the existing facilities of Consumers natural-gas transmission pipe line ex­ Power referred to in paragraph (3) NOTICE OF ORDER AUTHORIZING AMENDMENT tending from Freedom Junction, near above, pending completion of the Free­ OF LICENSE (MAJOR) the town of Freedom, Washtenaw dom Junction-Mt. Pleasant Junction pipe J anuary 6, 1949. County, Michigan, in a northwesterly line, will provide an additional connec­ Notice is hereby given that, on January direction to Mt. Pleasant Junction, near tion for the transmission of natural gas Mt. Pleasant, Michigan. Such line to be 5, 1949, the Federal Power Commission to and Jxom Freedom Junction and the issued its order entered January 4, 1949, in lieu of the proposed 24-inch line storage fields operated by Applicant. heretofore authorized. authorizing amendment of license (ma­ A copy of the application for amend­ jor) in the above-designated matter. (2) The installation and operation of ment was served by Applicant on Decem­ additional compressor units in the Free­ ber 8, 1948, upon each of the parties of [seal] Leon M. F uquay, dom Junction Compressor Station to record in this matter. Similar service Secretary. increase the total authorized capacity of was also made by the Commission on De­ [F. R. Doc. 49-207; Filed, Jan. 10, 1949; this station to 8,400 horsepower instead cember 20,1948. As of this date, no pro­ 8:46 a. m.] of the 6,400 horsepower heretofore au­ test or request to be heard has been filed. thorized. Applicant has requested that its ap­ (3) The operation, under lease from plication be heard under the shortened Consumers Power Company, of the fol­ procedure provided by § 1.32 (b) of the [Project No. 1979] lowing existing facilities: Commission’s rules of practice and pro­ W isconsin P ublic S ervice Corp. (a) An 8-inch natural-gas transmis­ cedure for non-contested proceedings. sion pipe line approximately 12 miles in The Commission finds: NOTICE OF ORDER AUTHORIZING ISSUANCÉ OF length extending from Mt. Pleasant This proceeding is a proper one for dis­ LICENSE (MAJOR) Junction to the Two Rivers Compressor position under »the provisions of said Station of Consumers Power. J anuary 6, 1949. § 1.32 (b) of its rules, provided no request Notice is hereby given that, on Janu­ (b) Two parallel 6-inch natural gas to be heard, protest or petition raising transmission pipe lines approximately ary 5, 1949, the Federal Power Commis­ an issue of substance is filed. * sion issued its order entered January 4, 14 miles in length extending from said The Commission, therefore, orders J* Two Rivers Compressor Station south­ 1949, authorizing issuance of license (A) Pursuant to the authority con­ (major) in the above-designated matter. westerly to a ponii in the Six Lakes gas tained in and subject to the jurisdiction field, and a 2-mile section of 8-inch pipe conferred upon the Federal Power Com­ [seal] Leon M. F uquay, line connecting such parallel lines with mission by sections 7 and 15 of the Nat­ Secretary. the Six Lakes Compressor Station of ural Gas Act, as amended, and the Com­ [F. R. Doc. 49-208; Filed, Jan. 10, 1849; Consumers Power. mission’s rules of practice and procedure, 8:46 a. m.] No. 7------3 136 NOTICES the availability of other broadcast serv­ or lose primary service from the opera­ FEDERAL COMMUNICATIONS ice to such areas and populations. tion of the proposed stations and the COMMISSION 5-. To determine whether the opera­ character of other broadcast service tion o fthe proposed station would in­ available to those areas and populations. [Docket Nos. 8928, 9203] volve objectionable Interference with the 3. To determine the type and charac­ S t. M ary’s U niversity B roadcasting services proposed in the pending appli­ ter of program service proposed to be Corp. and M etropolitan B roadcasting cation of Metropolitan Broadcasting rendered and whether it would meet the Co. Company or in any other pending appli­ requirements of the populations and areas proposed to be served. ORDER designatin(^application for con­ cations for broadcast facilities and, if so, the nature and extent thereof, the areas 4. To determine whether the operation solidated HEARING ON STATED ISSUES and populations affected thereby, and the of the proposed stations' would involve In re applications of St. Mary’s Uni­ availability of other broadcast service to objectionable interference with any exist­ versity Broadcasting Corporation, San such areas and populations. ing broadcast stations and, if so, the na­ Antonio, Texas, Docket No. 9203, Pile 6. To determine whether the installa­ ture and extent thereof, the areas and No. BP-7039; Metropolitan Broadcasting tion and operation of the proposed sta­ populations affected thereby, and the Company, Alamo Heights, Texas, Docket tion would be in compliance with the availability of other broadcast service to No. 8928, Pile No. BP-6661; for construc­ Commission’s rides and Standards of such areas and populations. tion permits. Good Engineering Practice concerning 5. To determine whether the operation At a session of the Federal Communi­ standard broadcast stations. of the proposed stations would involve cations Commission, held at its. offices in 7. To determine on a comparative basis objectionable interference each with the Washington, D. C., on the 29th day of which, if either, of the applications in other or with the services proposed in December 1948. this consolidated proceeding should be any other pending applications for The Commission having under consid­ granted. broadcast facilities, and if so, the nature eration the above-entitled application of It is further ordered, That the order and extent thereof, the areas and popu­ St. Mary’s University Broadcasting Cor­ of the Commission dated July 12, 1948 lations affected thereby, and the avail­ poration for a permit to construct a new designating the said application of Met­ ability of other broadcast service to such standard broadcast station to operate on ropolitan Broadcasting Company for areas and populations. the frequency 1240 kilocycles, with 250 hearing be, and it is hereby amended to 6. To determine whether the installa­ watts power, unlimited time in San include the application of St. Mary’s Uni­ tion and operation of the proposed sta­ Antonio, Texas; versity Broadcasting Corporation. tions would be in compliance with the It appearing, that the Commission on commission’s rules and Standards of July 12, 1948, designated for hearing in F ederal Communications Good Engineering Practice concerning a consolidated proceeding the above- Com m ission, standard broadcast stations. entitled application of Metropolitan [ seal] T. J. S lowie, 7. To determine whether the above en­ Broadcasting Company with the appli­ Secretary. titled application of Prank U. Fletcher cation of Mark Perkins which requested [P. R. Doc. 49-215; FUled, JaD. 10, 1949; tr/as County Broadcasting Service was a permit to construct a new standard 8:47 a. m.] filed in good faith or for the purpose of broadcast station yto operate on the fre­ delaying or preventing the establishment quency 1240 kilocycles with 250 watts of a competitive broadcast service to Sta­ power, unlimited time in San Antonio, [Docket Nos. 9108, 9202] tion WSVA, Harrisonburg, Virginia, and Texas; H arrisonburg B roadcasting Co. and to determine whether the licensee of Sta­ It further appearing that the applica­ County B roadcasting S ervice tion WSVA, Shenandoah Valley Broad­ tion of Mark Perkins was dismissed with­ casting Corporation, its officers, directors out prejudice by the Motions Commis-' order designating applications for con­ and stockholders influenced in any man­ sioner December 24, 1948, and that the solidated HEARING ON STATED ISSUES ner the filing and prosecution of said above-entitled application of Metropol­ In re applications of H. Bruce Starkey, application for the purpose of delaying itan Broadcasting Company remained in Charles R. Morrison and Carroll H. Mor­ or preventing the establishment of a com­ a hearing status; rison d/b as Harrisonburg Broadcasting petitive broadcast service to station It is ordered, That, pursuant to section Company, Harrisonburg, Virginia, Docket WSVA. 309 (a) of the Communications Act of No. 9108, File No. BP-6516; Prank U. 8. To determine on a comparative basis 1934, as amended, the said application of Fletcher tr/as County Broadcasting which, if either, of the applications in St. Mary’s University Broadcasting Cor­ Service, Mount Jackson, Virginia, Docket this consolidated proceeding should be poration be, and it is hereby, designated No. 9202, Pile No. BP-6766; for construc­ granted. for hearing in a consolidated proceeding tion permits.^ F ederal Communications with the application of Metropolitan At a session of the Federal Communi­ Commission, Broadcasting Company to be held Jan­ cations Commission, held at its offices in [ seal] T. J. S lowie, uary 10, 1949, in Alamo Heights, Texas, Washington, D. C., on the 29th day of Secretary. and January 12, 1949, in San Antonio, December, 1948; Texas, upon the following issues: The Commission having under consid­ [F. ft. Doc. 49-216; Piled, Jan. 10, 1849; 1. To determine the legal, technical, eration the above-entitled applications 8:47 a. m.] financial, and other qualifications of the each requesting a permit to construct a applicant corporation, its officers, direc­ new standard broadcast station at the tors and stockholders to .construct and places specified above to operate on the [Docket Nos. 9108, 9109] operate the proposed station. frequency 1230 kilocycles, with 250 watts H arrisonburg B roadcasting Co. and 2. To determine the areas and popu­ power, unlimited time; J ames M adison B roadcasting Corp. lations which may be expected to gain It is ordered, That, pursuant to sec­ or lose primary service from the opera­ tion 309 (a) of the Communications Act order amending issues tion of the proposed station and the of 1934, as amended, the said applica­ In re applications of H. Bruce Starkey, character of other broadcast service tions be, and they are hereby, designated Charles R. Morrison and Carrol H. Mor­ available to those areas and populations. for hearing in a consolidated proceed­ rison, d/b as Harrisonburg Broadcasting 3. To determine the type and charac­ ing to be held January 12, 1949 at Har­ Company, Harrisonburg, Virginia, Doc­ ter of program service proposed to be risonburg, Virginia and January 13,1949 ket No. 9108, File No. BP-6516; James rendered and whether it would meet the at Mount Jackson, Virginia upon the Madison Broadcasting Corporation, Or­ requirements of the populations and following issues: ange, Virginia, Docket No. 9109, File No. areas proposed to be served. 1. To determine the legal, technical, BP-6828; fpr construction permits. 4. To determine whether the opera­ financial, and other qualifications of the At a session of the Federal Communi­ tion of the proposed stations would in­ individual applicant and of the applicant cations Commission, held at its offices in volve objectionable interference with any partnership and the partners to con­ Washington, D. C., on the 29th day of existing broadcast stations and, if so, struct and operate the proposed stations. December 1948; the nature and extent thereof, the areas 2. To determine the areas and popu­ The Commission having under con­ and populations affected thereby, and lations which may be expected to gain sideration a petition filed by James Madi- Tuesday, January 11, 1949 FEDERAL REGISTER 137

son Broadcasting Corporation, requesting Canada that the Commission order of August 4,1948 designating for hearing in a con­ Probable date to solidated proceeding the applications of Call letters Location Power Radia­ tion Class commence oper­ Harrisonburg Broadcasting company and ation James Madison Broadcasting Corpora­ CFAR...... Flin Flon, Manitoba______tion be amended to eliminate Issue 590 kilocycles, 1 kw.. III-B Now in operation. CKOK...... Penticton, British Columbia.. 800 kilocycles, 250 w Number 1 and to modify Issue Number CKNW.. II Do. New Westminster, British 1,230 kilocycles (delete—See IV Oct. 1,1949. 8 and to change location of the hearing Columbia. assignment on 1,320 kc), 250 w. from Orange, Virginia to Washington, New___ _ Red Deer, Alta. D. C.; CJRW... ■Summerside, Prince Edward 1,240 kilocycles, 250 w ...... Island. IV Now in operation. It is ordered, That the said petition be, CKNW-. New Westminster, British 1,320 kilocycles, 500 w; 1 kw- DA-N III-B Oct. 1, 1949. and it is hereby, granted insofar as it Columbia (temporary oper­ LS. ation: 1,320 kc, 250 w; 1 kw- requests modification of Issue Number 8 LS, nondirectional). as follows: To determine whether a grant CKMR __ Newcastle, New Brunswick... 1,340 kilocycles (assignment of of the above-entitled application of call letters). CKFL_ Roberval, P. Q__._^...... (Assignment of call letters.) James Madison Broadcasting Corpora­ CKOK... Penticton, British Columbia.. 1,550 kilocycles (delete—See tion will serve public interest, conven­ assignment on 800 kc). CBI...... ience, and necessity and that it be, and jsydney, Nova Scotia. CBI...... 1,570 kilocycles (assignment of n Now in operation. it is hereby denied in all other respects. call letters) 1 kw. It is further ordered, That the Com­ mission’s order of August 4, 1948 desig­ F édéral Communications Com mission, nating the above-entitled applications for [SEAL] T. J. S lowie, hearing, be, and it is hereby amended to Secretary. change issued Number 8 to issue Num­ [F. R. Doc. 49-218; Filed, Jan. 10, 1949; 8:49 a. m.] ber 9 and to include as issue Number 8 therein the following: 8. To determine whether the above- entitled application of James Madison S tark B roadcasting Corp. (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. Broadcasting Corporation was filed in 310(b)) - good faith or for the purpose of delaying PUBLIC NOTICE CONCERNING PROPOSED or preventing the establishment of a TRANSFER OF CONTROL 1 F ederal Communication's competitive broadcast service to Station Com mission, The Commission hereby gives notice [seal] T. J. S low ie, WSVA, Harrisonburg, Virginia and to that on December 20, 1948, there was determine whether the licensee of Station filed with it an application (BTC-712) Secretary. WSVA, Shenandoah Valley Broadcasting for its Consent under section 310 (b) of [F. R. Doc. 49-219; Filed, Jan. 10, 1949; Corporation, its officers, directors, and the Communications Act to the proposed 8:48 a. m.] stockholders influenced in any manner transfer of control of Stark Broadcast­ the filing and prosecution of said applica­ ing Corporation licensee of station tion for the purpose of delaying or pre­ WCMW from E. A. Mahoney, James L. venting the establishment of a compet­ Amerman, Arnold Gebhart, Royal G. B ay Cit y B roadcasting Co. itive broadcast service to station WSVA. Lister and Merlin R. Schneider to S. L. It is further ordered,, That the Com­ Huffman and K. B. Cope. The proposal PUBLIC NOTICE CONCERNING PROPOSED mission’s order of August 4, 1948 desig­ to transfer control arises out of a con­ ASSIGNMENT OF LICENSE 1 nating for hearing in a consolidated pro­ tract of October 4, 1948, pursuant to ceeding the applications of Harrisonburg which the said transferors propose to The Commission hereby gives notice Broadcasting Company and James Madi­ sell their shares in Stark Broadcasting that on December 22,1948, there was filed son Broadcasting Corporation be Corp. which total 480 shares for the price with it an application (BAL-816) for its amended to show the removal of the of $70 per share or at the fair book value consent under section 310 (b) of the application of Harrisonburg Broadcast­ per share whichever is less as disclosed Communications Act to the proposed as­ ing Company from said hearing with re­ by an audit. Further information as to signment of license of station KIOX spect to all issues therein. the arrangements may be found with the from T. C. Dodd, Hairy L. Reading, Jr. application and associated papers which and John George Long, t/as Bay City F ederal Communications Broadcasting Company to John George Commission, are on file at the'offices of the Commis­ [seal] T . J. S lowie, sion in Washington, D. C. Long, d/b as Bay City Broadcasting Com­ Pursuant to § 1.321 which sets out the pany. The proposal to assign the license - Secretary.- arises out of contracts of August 31 and [F. R. Do-. 49-217; Filed, Jan. 10, 1949; procedure to be followed in such cases including the requirement for public no­ October 4, 1948, pursuant to which the 8:47 a. m.] two-sixths partnership interest of Travis tice concerning the filing of the applica­ C. Dodd will be sold to Long for $9,753.47 tion, the Commission was advised by and the one-sixth partnership interest applicant on December 20, 1948, that of Harry L. Reading, Jr., will be sold to [Change List 46] starting on December 21, 1948, notice of Long for $7,125.00, John George Long Canadian B roadcast S tations the filing of the application would be in­ to assume all obligations and liabilities serted in the Canton Repository a news­ of the partnership. Further informa­ list of changes, proposed changes and paper of general circulation at Canton, tion as to the arrangements may be CORRECTIONS IN ASSIGNMENTS Ohio in conformity with the above sec­ found with the application and asso­ D ecember 13, 1948. tion. ciated papers which are on file at the Notification under the provisions of In accordance with the procedure set offices of the Commission in Washington, Part III, section 2 of the North American out in said section, no action will be had D. C. Regional Broadcasting agreement. upon the application for a period of 60 Pursuant to § 1.321 which sets out-the List of changes, proposed changes, and days from December 21, 1948, within procedure to be followed in such cases including the requirement for public no­ corrections in assignments of Canadian which time other persons desiring to tice concerning the filing of the applica­ Broadcast Stations modifying appendix apply for the facilities involved may do tion, the Commission was advised by ap­ containing assignments of Canadian so upon the same terms and conditions plicant on December 22,1948, that start­ Broadcast Stations (Mimeograph 47214- as set forth in the above described con­ ing on December 27, 1948, notice of the 3) attached to the recommendations of tract. the North American Regional Broadcast­ filing of the application would be in­ ing agreement engineering meeting, Jan­ serted in the Daily Tribune a newspaper uary 20, 1941. 1 Section 1.321,-Part 1, Rules of Practice of general circulation at Bay City, Texas, and Procedure. in conformity ,with the above section. 138 NOTICES

In accordance with the procedure set INTERSTATE COMMERCE All interested persons are referred to out in said section, no action will be had said amended application on file in the upon the application for a period of 60 COMMISSION office of the Commission for a statement days from December 27, 1948, witlïîir [Application 6] of the transactions therein proposed, which time other persons desiring to which may be summarized as follows: apply for the facilities involved may do S outhern freight Assn ., et al. Applicant proposes to issue and sell for so upon the same terms and conditions application for approval of agreement cash 286,496 shares of its Common Stock, as set forth in the above described con­ $10 par value. Applicant’s common and tract. J anuary 6, 1949. 6% preferred stockholders have preemp­ The Commission is in receipt of the tive rights to purchase such stock. How­ (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. above-entitled and numbered applica­ ever, applicant states that it believes New 310 (b)) tion for approval of an agreement under England Public Service Company, which F ederal Communications the provisions of section 5a of the Inter­ holds 77.8% of the common stock of the Com mission, state Commerce Act. applicant, will waive its preemptive right [seal] T. J. S low ie, Filed by: Joseph G. Kerr, Attorney- Secretary. to purchase 219,196 shares of the total in-Fact, Room*1205, 101 Marietta Street issue, making such shares available for [F. R. Doc. 49-220; Filed, Jan. 10, 1949; Building, Atlanta 3, Ga. immediate sale to an underwriter. Ap­ 8:48 a. m.] Agreement involved: Agreements be­ plicant proposes to offer the remaining tween and among common carriers by 67,300 shares to its other common and railroad, and The Pullman Company, to its 6% preferred stockholders pursu­ S tation WABZ, I nc. members of the Southern Freight Asso­ ant to their preemptive rights in the PUBLIC NOTICE CONCERNING PROPOSED ciation, Southern Classification Commit­ ratio of one share of Common Stock for TRANSFER OF CONTROL 1 tee or Southern Passenger Association, each six shares of Common Stock pres­ relating to rates, fares, classifications, ently held and five shares of Common The Commission hereby gives notice divisions, allowances, charges, rules and Stock for each six shares of 6% Pre­ that on November 29, 1948, there was regulations, and procedures for the joint ferred Stock. It is proposed that the filed with it an application (BTC-708) consideration, initiation or establish­ subscription rights be negotiable. for its consent under section 310 (b) of ment thereof. Applicant proposes to enter into a the Communications Act to the proposed The complete application may be in­ contract with an underwriter for the transfer of control of Radio Station spected at the office of the Commission purchase by the underwriter of the WABZ, Inc., licensee of station WABZ, in Washington, D. C. shares made available for sale to the Albemarle, North Carolina, from G. H. Any interested person desiring the public by the waiver by New England Hendrix, Ira Leigh, Carl C. Aley, and Commission to hold a hearing upon such Public Service Company of its preemp­ R. H. Whitlow to W. E. Smith, T. R. application shall request the Commission tive rights in the proposed issue and, in Wolfe and M. M. Palmer. The proposal in writing so to do within 20 days from addition, for the purchase by the under­ to transfer control arises out of contracts the date of this notice. As provided by writer at the conclusion of the subscrip­ pursuant to which the said Hendrix, the General rules of practice of the tion period of those shares offered to Leigh, Aley and Whitlow will transfer Commission, persons other than appli­ stockholders, the rights to subscribe to 100% of the stock of the licensee for cants should fairly disclose their interest, which have not been exercised. The $35,000, of which $20,600 has already and the position they intend to take at company further proposes to negotiate been paid and the balance of $14,400 de­ the hearing with respect to the appli­ the terms of such contract with an un­ posited in escrow. Further information cation. ' Otherwise the Commission, in derwriter selected after discussion with as to the arrangements may be found its discretion, may proceed to investigate three or more investment bankers and with the application and associated pa­ and determine the matters involved in for such purpose requests an exemption pers which are on file at the offices of the such application without further or for­ from the competitive bidding require­ Commission in Washington, D. C. mal hearing. ments of Rule U-50. Pursuant to § 1.321 which sets out the By the Commission, Division 2. The net proceeds from the proposed procedure to be followed in such cases sale of common stock are to be applied including the requirement for public no­ [seal] W. P. B artel, by the applicant to reduce its outstand­ tice concerning the filing of the appli­ Secretary. ing short-term notes, the proceeds of cation, the Commission was advised by [F. R. Doc. 49-224; Filed, Jan. 10, 1949; which, it is stated, were used for the applicant on December 14, 1948, that 8:48 a. m.] acquisition of property, the construction Starting on December 17, 1848, notice of of facilities, and other lawful purposes. the filing of the application would be in­ ' As of December 31, 1948, such notes serted in the Stanley News and Press, a SECURITIES AND EXCHANGE aggregated $9,700,000. >. newspaper published in Albemarle, N. C., It appearing to the Commission that and in the Charlotte Observer a news­ COMMISSION it is appropriate in the public interest paper of general circulation at Charlotte, [File No. 70-1972] and in the interest of investors and con­ N. C., in conformity with the above sec­ sumers that a hearing be held with re­ tion. Central M aine P ower Co. In accordance with the procedure set spect to the proposed transactions and out in said section, no action will be had NOTICE OF FILING OF AMENDED APPLICATION that said application should not be upon the application for a period of 60 AND ORDER FOR HEARING granted except pursuant to further or­ days from December 17, 1948, within At a regular session of the Securities der of this Commission: which time other persons desiring to and Exchange Commission held at its It is ordered, Pursuant to the applica­ apply for the facilities involved may do office in the city of Washington, D. C., on ble provisions of the Act and the rules so upon the same terms and conditions the 7th day of January A. D. 1949. and regulations promulgated thereunder, as set forth in the above described con­ Notice is hereby given that an amended that the hearing in this proceeding be tract. application has been filed with this Com­ reopened for the purpose of considering mission, pursuant to the Public Utility said application oh January 19, 1949, at (Sec. 310 (b), 48 Stat. 1086; 47 U. S. C. Holding Company Act of 1935 (“the 310 (b)) 10:00 a. m., e, s. t., at the offices of this Act”), by Central Maine Power Company, Commission, 425 Second Street NW., F ederal Communications a public-utility company and a direct Washington 25, D. C. On such date the Commission, subsidiary of New England Public Service hearing room clerk in Room 101 will [ seal] T. J. S lowie, Company, a registered holding company, Secretary. which in turn is a direct subsidiary of advise as to the room in which such Northern New England Company, also a hearing is to be held. Any person de­ [F. R. Doc. 49-221; Filed, Jan. 10, 1949; siring to be heard or otherwise partici­ 8:48 a. m.] registered holding company. Applicant designates section 6 (b) of the act and pate in this proceeding shall file with the 1 Section 1.321, Part 1, Rules of Practice and Rule U-50 thereunder as applicable to Secretary of the Commission on or be­ Procedure. the proposed transactions. fore, January 18, 1949, a written request Tuesday, January H, 1949 FEDERAL REGISTER * 139 therefor as provided by Rule XVII of the utive Order 9193, as amended, and Ex­ Fund Account, Symbol 158915 “Deposits, Commission’s rules of practice. ecutive Order 9788, and pursuant to law, Funds of Civilian Internees and Prison­ It is further ordered, That James G. after investigation, it is hereby found: ers of War”, and any and all rights to Ewell, or any other officer or officers of 1. That Anna Powell, whose last known demand, enforce and collect the same, this Commission designated by it for the address is Ergoldsbach, Boyern, Ger­ purpose,Nshall preside at such hearing. many, is a resident of Germany and a is property within the United States The officer so designated to preside at national of a designated enemy country' owned or controlled by, payable or deliv­ such hearing is hereby authorized to ex­ (Germany) ; erable to, held on behalf of or on account ercise all powers granted to the Com­ 2. That the property described as fol­ of, or owing to, or which is evidence of mission under section 18 (c) of the act lows: Those certain debts or other obli­ ownership or control by Ernst C. and to a hearing officer under the Com­ gations, matured or unmatured, evi­ Schoeneich, the aforesaid national of a mission’s rules of practice. denced by one (1) Intercounty Proper­ designated enemy country (Germany); The Division of Public Utilities of the ties Corporation Second Mortgage 2% and it is hereby determined: Commission having advised the Commis­ Income Bond of $1,000 face value, bear­ 3. That to the extent that the person sion that it has made a preliminary ex­ ing the number M 1316, registered in the named in subparagraph 1 hereof is not amination of the application and that, name of Anna Powell, and all rights to within a designated enemy country, the upon the basis thereof and without prej­ demand, enforce and collect the same, national interest of the United States re­ udice to additional matters or questions together with any and all rights in, to quires that such- person be treated as a being specified upon further examina­ and under said bond, national of a designated enemy country tion, the following matters and questions (Germany). are presented for consideration: is property within the United States All determinations and all action re­ 1. Whether the issue ariti sale of said owned or controlled by, payable or de­ quired by law, including appropriate securities is entitled to exemption from liverable to, held on behalf of or on ac­ consultation and certification, having the provisions of sections 6 (a) and 7 of count of, or owing to, or which is evi­ been made and taken, and, it being the act by reason of the third sentence dence of ownership or control by, the deemed necessary in the national in­ of section 6 (b) thereof. aforesaid national of a designated enemy terest, 2. Whether the issue and sale of said country (Germany) ; There is hereby vested in the Attorney securities should be exempted from the and it is hereby determined: General of the United States the prop­ competitive bidding requirements of Rule 3. That to the extent that the person erty described above, to be held, used, U-50. named in subparagraph 1 hereof is not admirilstered, liquidated, sold or other­ 3. Whether it is necessary or appro­ within a designated enemÿ country, the wise dealt with in the interest of and for priate in the public interest or for the national interest of the United States re­ the benefit of the United States. protection of investors or consumers to quires that such person be treated as a The terms "national” and “designated impose terms and conditions with refer­ national of a designated enemy country enemy country” as used herein shall have ence to the proposed transactions, and (Germany). the meanings prescribed in section 10 of if so, what such terms and conditions All determinations and all action re­ Executive Order 9193, as amended. should be. quired by law, including appropriate con­ Executed at Washington, D. C., on 4. Whether the accounting entries to sultation and certification, having been December 16, 1948. be recorded in connection with the pro­ made and taken, and it being deemed posed transactions are proper and con­ necessary in the national interest, For the Attorney General. form to accepted accounting principles. There is hereby vested in the Attorney [ seal] D avid L. B azelon, It is further ordered, That ,the Secre­ General of the United States the prop­ Assistant Attorney General, tary of the Commission shall serve notice erty described above, to be held, used, Director, Office of Alien Property. of the aforesaid hearing by mailing by administered, liquidated, sold or other­ registered mail a copy of this notice and wise dealt with in the interest of and for [F. R. Doc. 49-225; Filed, Jan. 10, 1949; order to Central Maine Power Company, the benefit of the United States. 8:43 a. m.j New England Public Service Company, The terms “national” and “designated and the Public Utilities Commission of enemy country” as used herein shall have Maine; and that general notice shall be the meanings prescribed in section 10 of given to all persons by publication of this Executive Order 9193, as amended. [Vesting Order 12555] notice and order in the F ederal R egis­ Executed at Washington, D. C., on Elisabeth N aumann von B ardeleben ter; and that a copy of this notice and order through a general release of this December 16, 1948. In re: Bond owned by Elisabeth Nau­ Commission shall be distributed to the For the Attorney General. mann von Bardeleben. F-28-29265. press and mailed to the mailing list for Under the authority of the Trading releases issued under the Public Utility [seal] D avid L. B azelon, With the Enemy Act, as amended, Execu­ Holding Company Act of 1935. Assistant Attorney General, tive Order 9193, as amended, and Execu­ Director, Office of Alien Property. tive Order 9788, and pursuant to law, By the Commission. [F. R. Doc. 49-196; Filed, Jan. 7, 1949; after investigation, it is hereby found: [ seal] O rval L. D uB ois, 8:53 a. m.] 1. That Elisabeth Naumann von Bar­ Secretary. deleben, whose last known address is [F. R. Doc. 49-27C; Filed, Jan. 10, 1949; 1 Wiesbadener Strasse Schlangenbad/ 9:02 a. m.] Taunus, Germany, is a resident of Ger­ [Vesting Order 12552] many and a national of a designated enemy country (Germany); DEPARTMENT OF JUSTICE E rnst C. S choeneich 2. That the property described, as fol­ In re: Cash owned by Ernst C. Schoe­ lows: That certain debt or other obliga­ Office of Alien Property neich. D-28-8577-E-1. tion, matured or unmatured, evidenced Authority: 40 Stat. 411, 55 Stat. 839, Pub. Under the authority of the Trading by one (1) Kansas City Southern Rail­ Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 With the Enemy Act, as amended, Exec­ way Refunding Mortgage 5% Bond, U. S. C. and Supp. App. 1, 616; F. O. 9193, utive Order 9193, as amended, and Execu­ bearing the number 8423, and all rights July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, tive Order 9788, and pursuant to law, to demand, enforce and collect the same, June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, after investigation, it is hereby found: together with any and All rights in, to Oct. 14, 1946, 11 F. R. 11981. 1. That Ernst C. Schoeneich, whose and under said bond, [Vesting Order 12547] last known address is Germany, is a resi­ is property within the United States Anna P owell dent of Germany and a national of a owned or controlled by, payable or deliv­ designated enemy country (Germany); erable to, held on behalf of, or on account In re: Bond owned by Anna Powell. 2. That the property described as fol­ of, or owing to, or which is evidence of F-28-23816-D-1. lows: Cash in the sum of $690.77, pres­ ownership or control by, the aforesaid Under the authority of the Trading ently in the possession of the Treasury national of a designated enemy country With the Enemy Act, as amended, Exec- Department of the United States in Trust (Germany);

_ /r 140 NOTICES and it is hereby determined: All determinations and all action re­ made and taken, and, It being deemed 3. That to the extent that the person quired by law, including appropriate con-" necessary in the national interest, named in subparagraph 1 hereof is not sultation and certification, having been There is hereby vested iq the Attorney within a designated enemy country, the made and taken, and, it being deemed General of the United States the prop­ national interest of the United States necessary in the national interest, erty described above, to be held, used, requires that such person be treated as a There is hereby vested in the Attorney administered, liquidated, sold or other­ national of a designated enemy country General of the United States the property wise dealt with in the interest of and for (Germany). described above, to be held, used, admin­ the benefit of the United States. All determinations and all action re­ istered, liquidated, sold or otherwise dealt The term “national»’ and “designated quired by law, including appropriate with in the interest of and for the benefit enemy country” as used herein shall have consultation and certification, having of the UnitedlStates. the meanings prescribed in section 10 of been made and taken, and, it being The terms “national” and “designated Executive Order 9193, as amended. deemed necessary in the national in­ enemy country” as used herein shall have Executed at Washington, D. C., on terest, the meanings prescribed in section 10 of December 20, 1948. There is hereby vested in the Attor­ Executive Order 9193, as amended. For the Attorney General. ney General of the United States the Executed at Washington, D. C., on property described above, to be held, December 20,1948. [seal] D avid L. B azelon, used, administered, liquidated, sold or Assistant Attorney General, otherwise dealt with in the interest of For the Attorney General. Director, Office of Alien Property. and for the benefit of the United States. [seal] D avid L. B azelon, The terms “national” and “designated Assistant Attorney General, [F. R. Doc. 49-227; Filed, Jan. 10, 1949; enemy country” as used herein shall have Director, Office of Alien Property. 8:49 a. m.] the meanings prescribed in section 10 of Executive Order 9193, as amended. [F. R. Doc. 49-197; Filed, Jan. 7, 1949; 8:53 a. m.] Executed at Washington, D. C., on [Vesting Order 12589] December 16,1948. F rank Ziegler For the Attorney General. [Vesting Order 12580] In re: Mortgage owned by the personal [ seal] D avid L. B azelon* representatives, heirs, next of kin, Assistant Attorney General, WOLDEMAR UXKTTLL legatees and distributees, names un­ Director, Office of Alien Property. In re: Stock owned by Woldemar known, of Frank Ziegler, also known as IP. R. Doc. 49-226; Piled, Jan. 10, 1949; Uxkull. F-63-8514-D-1/2. Franz Ziegler. 8:49 a. m.] Under the authority of the Trading Under the authority of the Trading With the Enemy Act, as amended, Execu­ With the Enemy Act, as amended, Execu­ tive Order 9193, as amended, and Execu­ tive Order 9193, as amended, and Execu­ tive Order 9788, and pursuant to law, tive Order 9788, and pursuant to law, [Vesting Order 12672] after investigation, it is hereby found: after investigation, it is hereby found: 1. That Woldemar Uxkull, whose last 1. That the personal representatives, H . F u jim o t o known address is Germany, is a resident heirs, next of kin, legatees and distrib­ In re: Debt owing to H. Fujimoto, of Germany and a national of a desig­ utees, names unknown, of Frank Ziegler, D-39-19213-E-1. nated enemy country (Germany); also known as Franz Ziegler, who there Under the authority of the Trading 2. That the property described as fol­ is reasonable cause to believe are resi­ With the Enemy Act, as amended, Ex­ lows: Three and three-quarters (3%) dents of Germany, are nationals of a ecutive Order 9193, as amended, and Ex­ shares of no par value (new) common designated enemy country (Germany) ; ecutive Order 9788, and pursuant to law, capital stock of Standard Brands Incor­ 2. That the property described as fol­ after investigation, it is hereby found: porated, 595 Madison Avenue, New York, lows: A mortgage executed October 30, 1. That H. Fujimoto, whose last known New York, a corporation organized under 1937, by Lillian L. Helwig and Charles L. address is Japan, is a resident of Japan the laws of the State of Delaware, evi­ Helwig, her husband, to Franz Ziegler and a national of a designated enemy denced by certificate number C-0293029 and recorded November 12, 1937, in the country (Japan); for fifteen (15) shares of no par value Office of the Clerk of Bergen County, New 2. That the property described as fol­ (old) common capital stock of said cor­ Jersey, in Liber 1611 of Mortgages, at lows: That certain debt or other obliga­ poration, registered in the name of Wol­ Page 259, and any and all obligations tion of The Yokohama Specie Bank, Ltd., demar Uxkull, presently in the custody secured by said mortgage, including but San Francisco Office, and/or Superin­ of Credit Suisse, New York Agency, 30 not limited to all security rights in and tendent of Banks of the State of Cali­ Pine Street, New York, New York, to­ to any and all collateral (including the fornia and Liquidator of The Yokohama gether with all declared and unpaid divi­ aforesaid mortgage) for any and all such Specie Bank, Ltd., San Francisco Office, dends thereon and any and all rights of obligations, and the right to enforce and c/o State Banking Department, 111 Sut­ exchange thereof for a certificate or cer­ collect such obligations, and the right to ter Street, San Francisco, California, tificates of no par value (new) common possession of the aforesaid mortgage, and arising out of a checking account en­ capital stock of the aforesaid Standard all notes, bonds and other instruments titled Fujimoto Drayage Company, main­ Brands Incorporated, evidencing such obligations, tained at the aforesaid San Francisco is property within the United States is property within the United States Office, and any and all rights to demand, owned or controlled by, payable or de­ owned or controlled by, payable or de­ enforce and collect the same, liverable to, held on behalf of or on ac­ liverable to, held on behalf of or on ac­ Is property within the United States count of, or owing to, or which is evi­ count of, or owing to, or which is evi­ owned or controlled by, payable or de­ dence of ownership or control by, the dence of ownership or control by, the liverable to, held on behalf of or on ac­ aforesaid national of a designated enemy aforesaid nationals of a designated count of, or owing to, or which is evidence country (Germany); enemy country (Germany); of ownership or control by H. Fujimoto, and it is hereby determined: and it is hereby determined: the aforesaid national of a designated 3. That to the extent that the person 3. That to the extent that the persons enemy country (Japan); named in subparagraph 1 hereof is not named in subparagraph 1 hereof are not and it is hereby determined: within a designated enemy country, the within a designated enemy country, the 3. That to the extent that the person national interest of the United States national interest of the United States re­ named in subparagraph 1 hereof is not requires that such person be treated as quires that such persons be treated as within a designated enemy country, the a national of a designated enemy coun­ nationals of a designated enemy country national interest of the United States try (Germany). (Germany). requires that such person be treated as a All determinations and all action re­ All determinations and all action re­ national of a designated enemy country quired by law, including appropriate con­ quired by law, including appropriate con­ (Japan). sultation and certification, having been sultation and certification, having been Tuesday, January 11, 1949 FEDERAL REGISTER 141 made and taken, and, it being deemed General of the United States, all of the that its assets be distributed, and a Cer­ necessary in the national interest, funds and property, if any, remaining tificate of Dissolution having been issued There is hereby vested in the Attorney in their hands after the payments as by the Secretary of State of the State of General of the United States the prop­ aforesaid, the same to be applied by him, New York; erty described in subparagraph 2 hereof, „ first in satisfaction of such claim, if any, to be held, used, administered, liquidated, as he may have for monies advanced or hereby orders, that the officers and di­ sold or otherwise dealt with in the in­ services rendered to or on behalf of the rectors of S. Suzuki & Co. of New York, terest of and for the benefit of the United corporation, and second, as a liquidat­ Ltd. (to wit, Martin S. Watts, President States. ing distribution of assets to the Attor­ and Director, Stanley B. Reid, Secretary The terms “national” and “designated ney General of the United States as and Director, and L. M. Reed, Treasurer enemy country” as used herein shall have holder of all the issued and outstanding and Director, and their successors, or the meanings prescribed in section 10 of stock of the corporation; and further any of them), continue the proceedings Executive Order 9193, as amended. for the dissolution of S. Suzuki & Co. of orders, that nothing herein set forth shall New York, Ltd.; and further orders, that Executed at Washington, D. C., on be construed as prejudicing the right, un­ the said officers and directors wind up the December 31, 1948. der the Trading With the Enemy Act, as amended, of any person Who may have a affairs of the corporation and distribute For the Attorney General. the assets thereof, coming into their pos­ claim against said corporation to file such session as follows: [seal] H arold I. B aynton, claim with the Attorney General of the (a) They shall first pay the current Deputy Director, United States against any funds or prop­ expenses and reasonable and necessary Office of Alien Property^ erty received by the Attorney General of the United States hereunder: Provided, charges of winding up the affairs of said [P. R. Doc. 49-198; Filed, Jan. 7, 1949; however, That nothing herein contained corporation and the dissolution thereof; 8:53 a. m.] shall be construed as creating additional and rights in such person: And provided fur­ (b) They shall then pay all known ther, That any such claim against said Federal, State, and local taxes and fees corporation shall be filed with or pre­ owed by or accruing against the said cor­ [Dissolution Order 85] poration; and sented to the Attorney General of the (c) They shall then pay over, trans­ Corner M ott & H ester S treets, I nc. United States within the time and in the fer, assign and deliver to the Attorney Whereas, by Vesting Order Number form and manner prescribed for such General of the United States all of the 495, executed December 12, 1942 (8 F. R. claims by the Trading With the Enemy funds and property, if any, remaining in 1294, January 29, 1943), there were Act, as amended, and applicable regula­ their hands after the payments as afore­ vested all of the issued and outstanding tions and orders issued pursuant thereto ; said, the same to be applied, first, in sat­ shares of the capital stock of Corner and further orders, that all actions taken isfaction of such claim, if any, as he may Mott & Hester Streets, Inc., a New York and acts done by the said officers and have for monies advanced or services corporation; and directors of Corner Mott & Hester Streets, rendered to or on behalf of the corpora­ Whereas, Corner Mott & Hester Streets, Inc., pursuant to this order and the di­ tion, and second, as a liquidating dis­ Inc. has been substantially liquidated; rections contained herein shall be tribution of assets to the Attorney Gen­ Now, under the authority of the Trad­ deemed to have been taken and done in eral of the United States as holder of all ing With the Enemy Act, as amended, reliance on and pursuant to paragraph the issued and outstanding stock of the and Executive Orders 9095, as amended, numbered (2) of subdivision (b) of sec­ corporation; and further orders, that and 9788, and pursuant to law, the un­ tion 5 of the Trading With the Enemy nothing herein set forth shall be con­ dersigned, after investigation: Act, as amended, and the acquittance strued as prejudicing the right, under 1. Finding that the claims of all and exculpation provided therein. the Trading with the Enemy Act, as known creditors have been paid except Executed at Washington, D. C., this amended, of any person who may have a such claim, if any, as the Attorney 5th day of January 1949. . claim against said corporation to file such General of the. United States may have For the Attorney General. claim with the Attorney General of the for monies advanced or services ren­ United States against any funds or prop­ dered to or on behalf of the corporation; [seal] D avid L. B azelon, erty received by the Attorney General and Assistant Attorney General, of the United States hereunder: Pro­ 2. Having determined that it is in the Director, Office of Alien Property. vided, however, That nothing herein con­ national interest of the United States [P. R. Doc. 49-199; Filed, Jan. 7, 1949; tained shall be construed as creating that said corporation be dissolved, and 8:53 a. m.] additional rights in such person: Pro­ that its assets be distributed, and a cer­ vided, further, That any such claim tificate of dissolution having been issued against said corporation shall be filed by the Secretary of State of the State of with or presented to the Attorney Gen­ New York; eral of the United States within the time [Dissolution Order 86] hereby orders, that the officers and direc­ and in the form and manner prescribed S. S uzuki & Co. of N ew Y ork, Ltd. for such claims by the Trading with the tors of Corner Mott & Hester Streets, Inc. Enemy Act, as amended, and applicable (to wit, Martin S. Watts, President and Whereas, by Vesting Order Number 83, regulations and orders issued pursuant Director, Kenneth P. Thompson, Secre­ executed July 30,1942 (7 F. R. 7050, Sep­ thereto^ and further orders, that all ac­ tary and Director, and L. M. Reed, Treas­ tember 5, 1942), there were vested all tions taken and acts done by the said urer and Director, and their successors, the issued and outstanding shares of the officers and directors of S. Suzuki & Co. or any of them), continue the proceed­ capital stock of S. Suzuki & Co. of New of New York, Ltd. pursuant to this order ings for the dissolution of Corner Mott York, Ltd., a New York corporation; and and the directions contained herein shall & Hector Streets, Inc.; and further or­ Whereas, S. Suzuki & Co. of New York, be deemed to have been taken and done ders, that the said officers and directors Ltd., has been substantially liquidated; in reliance on and pursuant to para­ wind up the affairs of the corporation Now, under the authority of the Trad­ graph numbered (2) of subdivision (b) and distribute the assets thereof coming ing with the Enemy Act, as amended, of section 5 of the Trading with the into their possession as follows: and Executive Orders 9095, as amended, Enemy Act, as amended, and the acquit­ (a) They shall first pay the current and 9788, and pursuant to law, the under­ expenses and reasonable and necessary signed, after investigation: tance and exculpation provided therein. charges of winding up the affairs of said 1. Finding that the claims of known Executed at Washington, D. C., this corporation and the dissolution thereof; creditors have been paid, except such 5th day of January 1949. and claim, if any, as the Attorney General of For the Attorney General. (b) They shall then pay all known the United States may have for money Federal, state, and local taxes and fees advanced or services rendered to or on [ seal] D avid L. B azelon, owed by or accruing against the said behalf of the corporation; and Assistant Attorney General, corporation; and 2. Having determined that it is in the Director, Office of Alien Property. (c) They shall then pay over, trans­ national interest of the United States [P. R. Doc. 49-200; Filed, Jan. 7, 1949; fer, assign and deliver to the Attorney that said corporation be dissolved, and 8:55 a. m.] ______