- O N A L 4 * FEDERAL REGISTER \ 1 9 3 4 VOLUME 8 NUMBER 59 * ÜNlTtO ^ Washington, Thursday, March 25, 1943

The President DONE at the City of Washington this CONTENTS 22d day of March, in the year of our Lord nineteen hundred and forty- THE PRESIDENT PROCLAMATION 2579 Eseal] three, and of the Independ­ P roclamation: Page ence of the United States of C ancer C ontrol M onth—1943 Cancer Control Month, 1943 3663 America the one hundred and sixty- BY THE PRESIDENT OF THE UNITED STATES seventh. REGULATIONS AND NOTICES F ranklin D R oosevelt OF AMERICA A l ie n P roperty Cu sto d ia n : A PROCLAMATION By the President:* Vesting orders: Cordell H ull, Copyrights and claims of WHEREAS Public Resolution 82, 75th Secretary of State. copyright, certain______3679 Congress, approved March 28, 1938 (52 Kalle & Co., A. G., et al_____ 3680 [F. R. Doc. 43-4510; Filed, March 24, 1943; Stat. 148), authorizes and requests the B it u m in o u s C oal D iv is io n : President to issue annually a proclama­ 10:53 a. m.] District 23, minimum price tion setting apart the month of April schedule amended______3665 of each year as Cancer Control Month Hearings, etc.: and to invite similar action on the part Regulations Daniels, J. T______3673 of the Governors of the several States, Gerard, Frank, and Heston Territories, and possessions of the Rumple______3673 United States; and TITLE 19—ARMY: WAR DEPARTMENT Sure Fire Coal Co______3675 WHEREAS in time of war we may for­ Chapter VII—Personnel West V i r g i n i a-Pittsburgh get the persistent menace of our less Coal Co______3674 spectacular enemy, disease; and P art 73—A ppo intm ent of Commissioned Civil A eronautics A dministrator: WHEREAS cancer, as our second O fficers, W arrant O fficers, Aim Civil airways designation; re­ greatest cause of death, kills each year Chaplains designation of width_____ 3665 in the United States more than 150,000 WARRANT OFFICERS, MARITIME AND MARITIME F ederal P ow er C o m m iss io n : people; and East Ohio Gas Co., hearing___ 3676 WHEREAS thousands of deaths by ENGINEER TEMPORARY APPOINTMENT IN THE ARMY OF THE UNITED STATES F ederal T rade C o m m iss io n : that scourge would be prevented each Hearings, etc.: year if men and women would pledge Section 73.371 to 73.374, inclusive, are Automatic Canteen Co. of themselves to regular medical exami­ added as follows; nation: America______3676 NOW, THEREFORE, I, FRANKLIN D. § 73.371 General, (a) The classifica­ Fratelli Branca and Co., Inc_ 3676 ROOSEVELT, President of the United tions warrant officer, maritime and mari­ O ffice of P rice A dministration : States of America, do hereby set apart time engineer, will apply to temporary Adjustments, exceptions, sus­ the month of April 1943 as Cancer Con­ warrant officers only. pension orders: trol Month; and I invite similar action (b) Warrant officers, maritime, will be .> Armstrong Cork Co______3681 on the part of the Governors of the sev­ appointed to fill vacancies in marine Hannah, James A., Motor eral States, Territories, and possessions grades as master, first mate, and third Truck Service______3673 of the United States. And I call upon mate; and warrant officers, maritime en­ Hewitt, Charles, and Sons Co_ 3682 the medical profession, the schools and gineer, in marine grades as .chief en­ Nuco Paper Excelsior and Pad colleges, the press, the radio, the motion- gineer, first assistant engineer, second Co------3673 picture industry, and all agencies and assistant engineer, and third assistant Phillips, Ed, aild Sons Co_:__ 3681 individuals interested in a national cam­ engineer, in the authorized military crews Royal Container Co______3672 paign for the control of cancer to spread of tactical boat units and certain Trans­ Silver articles, certain do­ the knowledge of the early symptoms of portation Corps boats. mestic______3683 the disease and to publish information (c) Examining boards may, in appro­ Logs and bolts (MPR 348)____ 3670 about the location and function of priate cases, conduct examinations and Oysters, canned Eastern and of clinics and other health facilities en­ make recommendations for changes in gulf (MPR 328, Am. 1)___ 3673 gaged in the warfare on cancer. the highest marine grade (see (b) above) Thermoplastic scrap (MPR 346, IN WITNESS WHEREOF, I have here­ for which a warrant officer, maritime, or Corr.)______3673 unto set my hand and caused the seal a warrant officer, maritime engineer, is Vehicles, new commercial (S. R. of the United States of America to be qualified. (Act of August 21,1941, Public 14, Corr. to Am. 136)_____ 3673 affixed. (Continued on next page) (Continued on next page) 3663 3664 FEDERAL REGISTER, Thursday, March 25, 1943

.JVONAI.4. CONTENTS—Continued fied. (Act of August 21, 1941, Public V Law 230, 77th Congress; 55 Stat. 651; 10 W ar P roduction B oard— Con. Pag® U.S.C. Sup. 593a.) [Par. 8, AR 610-15, Iron and steel, alloy and elec­ February 27,1943] FEDERAL^REGISTER tric furnace carbon steel V, l»34 § 73.374 Termination. Persons ap­ ^NlTtO’ (M-21-a)______3666 Laboratory equipment (L-144)_ 3669L pointed warrant officers, maritime and P e tr o le u m , production, etc. maritime engineer, direct from civilian Published daily, except Sundays, Mondays, (P-98-c)______3668 *. life will be returned to the place of ap­ and days following legal holidays by the Smelters and refiners, nonfer- pointment at which place termination Division of the Federal Register, The National ous (P-73)______3667 ; will become effective. (Act of August 21, Archives, pursuant to tlje authority con­ 1941, Public Law 230, 77th Congress; 55 tained in the Federal Register Act, approved Stat. 651; 10 U.S.C. Sup. 593a.) [Par. 25, July 26, 1935 (49 Stat. 500), under regula­ AR 610-15, February 27,1943] tions prescribed by the Administrative Com­ Law 230, 77th Congress, 55 Stat. 651; 10 mittee, approved by the President. U.S.C.. Sup. 593a.) [Par. 19, AR 610-15, [ seal] J. A. Ulio, The Administrative Committee consists of February 27, 19431 Major General, the Archivist or Acting Archivist, an officer The Adjutant General. of the Department of Justice designated by §73.372 Eligibility. Eligibility re­ the Attorney General, and the Public Printer quirements for appointment as tem­ [F. R. Doc. 43-4506; Filed, March 24, 1943; or Acting Public Printer. porary warrant officer, maritime or 9:46 a. m.] The daily issue of the F ederal R egister will be furnished by mail to subscribers, free maritime engineer, will be as follows: of postage, for $1.25 per month or $12.50 per (a) Leadership. An applicant must year, payable in advance. The charge for have demonstrated positive qualities of P art 77— M edical and D ental A ttendance single copies (minimum, 101) varies in pro­ leadership. portion to the size of the issue. Remit (b) Character. No applicant who has CERTAIN ARMY HOSPITAL REGULATIONS money order for subscription or single copies been sentenced to confinement in a peni­ payable to the Superintendent of Documents tentiary, or who has been convicted in Sections 77.15 (b) (1), (5), and (7), directly to th e Governm ent Printing Office, any civil or miltary court for an offense 77.18 (a), 77.19 (e), and 77.20 (a) are W ashington, D. C. hereby amended as follows. The regu­ There are no restrictions on the republica­ denounced as a felony will be eligible for appointment. Evidence of the appli­ lations in these sections are also con­ tion of material appearing in the F ederal tained in Army Regulations No. 40-590, R egister. cant’s character while in the military Telephone information: District 0525. service will be considered, in forwarding February 2, 1942, as amended by C 6, applications. March 4, 1943, the particular paragraph (c) Age. An applicant must have at­ being shown in brackets at end of sec­ tained his 18th birthday and must not tions. IMPORTANT NOTICE have passed his 60th birthday on the date § 77.15 Persons who may be admitted B eginning May 1, 1943, th e subscrip­ of appointment. to Army hospitals—(a) General. When tion rates to the F ederal R egister will (d) Citizenship. An applicant must suitable facilities for hospitalization are be as follows: $15.00 per year, $1.50 per be a citizen of the United States or of the available, sick and injured persons enu­ month, single copies 150 minimum. Prior Philippine Islands or a citizen of a co- to May 1, subscribers m ay renew or extend merated in paragraph (b) of this sec­ their subscriptions for one year at the belligerent or friendly country who oth­ tion may be admitted to Army hospitals, $12.50 rate. erwise possesses the same qualifications except that admissions to the Army and as a citizen of the United States. Navy General Hospital, Hot Springs, (e) Service. The applicant need not Ark., and to the Fitzsimons General Hos­ be serving in the Army of the United pital, Denver, Colo., will be governed by CONTENTS—Continued States nor have had prior service therein. special provisions relating to these hos­ (f) Physical. The standard of final pitals, as published in §§ 77.24 and 77.27, S ecurities and E xchange Co m m is­ type physical examination will be that respectively. s io n : required for commission in the Army of (b) List. (1) Officers, Army nurses, Hearings, etc.: Page the . United States. The commanders warrant officers, cadets of the United Central Illinois Public Service authorized to appoint temporary war­ States Military Academy,, aviation ca­ Co------3686 rant officers and those commanders to dets, enlisted men in the Army, mem­ Chandler, P. M., et al______3686 whom they delegate this authority are bers of the Women’s Army Auxiliary International Hydro-Electric authorized to take final action in the Corps while in active Federal Service, System, et al______3685 granting of waivers for minor physical and militarized female personnel of the Lone Star Gas Corp., et al___ 3683 defects. Medical Department; also contract sur­ Peoples Light and Power Co., (g) Education and experience. An geons serving full time. The admission et al______3684 applicant must have such education or of retired personnel on inactive status San Antonio Public Service practical experience as will insure his will be limited to cases which, in the Co. and Mellon Securities satisfactory performance of the duties judgment of the commanding officer of Corp______3686 in the classification for which applica­ the hospital, will be benefited by hos­ W age and H our D iv is io n : tion is made. (Act of August 21, 1941, pitalization for a reasonable time. Those L e a r n e r employment certifi­ Public Law, 230, 77th Congress; 55 Stat. requiring merely domiciliary care by rea­ cates; issuance to various 651; 10 U.S.C. Sup. 593a.) [Par. 20, AR son of age or chronic invalidism will not industries______3675 v 610-15, February 27, 1943] be admitted. Officers on the Emergency W ar D epartm ent: § 73.373 Appointment, (a) The ap­ Officers’ Retired List and officers retired Medical and dental attendance; pointing authority will issue letters of under the provisions of the act of April certain Army hospital reg­ temporary appointment as warrant of­ 3, 1939 (53 Stat. 557; 10 U. S. C. 456) ulations______3664 v ficers, junior grade to fill existing va­ are not admissible except under the pro­ Warrant officers, maritime and cancies in the appropriate classifications visions of subparagraphs (16) or (20) of maritime engineer; tempo­ within his command. this paragraph. rary appointment______3663 J (b) Applicants who successfully meet * * * * * W ar P roduction B oard: all requirements for appointment but (5) Officers, commissioned warrant Cattle hide leather and products /Who are not appointed will be issued a officers, and members of the Navy Nurse (M-273-a)______3670 certificate of eligibility. These certifi­ Corps, warrant officers, enlisted men of Construction materials, housing cates may be accepted at the discretion the Navy or Marine Corps, and mili­ (P-55, Am. 1)______3669 v of appointing authorities in lieu of final tarized female personnel of the Navy in Delegation of powers and ratifi­ examinations (technical) at any time active service or on retired, inactive, or cation of previous actions within 1 year from the date of last ex­ leave (furlough) status, including en­ (WPB Reg. 1)______3666 aminations in which the applicant quali­ listed men transferred to the Fleet Naval FEDERAL REGISTER, Thursday, March 25, 1943 3665

Reserve after 16 or more years of service compensation. Civilian employees per­ TITLE 30—MINERAL RESOURCES as follows: mitted to take an occasional meal at the ***** hospital will make reimbursement to the Chapter III—Bituminous Coal Division (7) Officers, cadets, and enlisted men hospital fund in cash. The deductions [Docket No. A-1865] of the United States Coast Guard, and for subsistence will be made according militarized female personnel of the to the evaluation set forth in AR 35-3840.1 P art 343—M in im u m P rice S chedule, United States Coast Guard, on active The cash value of subsistence furnished D istrict No. 23 will be determined by The Surgeon Gen­ duty, including those on shore duty, and ORDER GRANTING RELIEF, ETC. those on detached duty, upon written eral. [Par. 13e] authorization of the responsible Coast §77.20 Laundry—(a) General. The Ordered granting temporary relief and Guard officer. [Par. 61 hospital laundry will consist of: conditionally providing for. final relief in * * * ' * * ♦ (1) The linen, clothing, and bedding the matter of the petition of District § 77.18 Subsistence and other charges belonging to the Medical Department. Board No. 23 for the establishment of for patients—(a) Subsistence charges. (2) The washable clothing of enlisted price classifications and minimum prices The following is the schedule of rates men while patients in the hospital. for the coals of the Andersen Mine and for subsistence charges for patients in (3) The white coats and trousers of for a change in thé shipping point for the Medical Department establishments (ex­ enlisted attendants. Cle Elum (Curry) Mine. cept the Army and Navy and the Fitz- (4) The uniforms of civilian nurses, On February 6, 1943 the Bituminous simons General Hospitals), who are paid from Veterans’ Administration or Coal Producers Board for District No. 23 not entitled to commutation of rations Civilian Conservation Corps funds, em­ filed a petition pursuant to section 4 H under the provisions of Army Regula­ ployed in the hospital. (d) of the Bituminous Coal Act of 1937, tions. Rates for patients in the Army (5) Washable clothing of civilian at­ requesting the establishment, both tem­ and Navy and the Fitzsimons General tendants when their contracts of em­ porary and permanent, of price classi­ Hospitals will be found in §§ 77.24 and ployment entitle them to this service. fications and minimum prices for the 77.27. [Par. 14a] coals of the Andersen Mine (Mine Index (1) For officers, Army nurses, mili­ * * * • • No. 176) of code member, Andersen Coal tarized female personnel of the Medical (R.S. 161; 5 U.S.C. 22) Mines, Inc., in Subdistrict “F” in District Department on an officer status and offi­ No. 23; and for a change in the shipping cers of the Women’s Army Auxiliary [ seal] J. A. Ulio, point previously established for the coals Corps, warrant officers, cadets of the Major General, of the Cle Elum (Curry) Mine (Mine United States Military Academy, and The Adjutant General. Index No. 110) of code member Curry, aviation cadets, $1 a day, except in mo­ [F. R. Doc. 43-4507; Filed, March 24, 1943; Robert (Cle Elum Coal Company) in bile hospital units, where the rate will be 9:46 a. m.] Subdistrict “A” in District No. 23. an amount equal to the commutation It appearing that a reasonable show­ rate prescribed in Army Regulations. ing of necessity has been made for the Retired enlisted men who have been ad­ granting of temporary relief in the man­ vanced on the retired list to commis­ TITLE 14—CIVIL AVIATION ner hereinafter set forth; and no peti­ sioned or warrant grades under the pro­ tions of intervention having been filed visions of the act of Congress approved Chapter II—Administration of Civil Aero­ with the Division in the above-entitled May 7, 1932, will be subsisted as officer nautics, Department of Commerce matter; and the following action being patients unless they elect to be subsisted deemed necessary in order to effectuate on enlisted status. See subparagraph [Amendment 20] the purposes of the Act; (4) of this paragraph. It is ordered, That, pending final dis­ P art 600—D esignation of Civ il A ir w a y s (2) For officers, militarized female position of the above-entitled matter, personnel on an officer status, members REDESIGNATION OF WIDTH OF CIVIL AIRWAYS temporary relief is granted as follows: of the Navy Nurse Corps, commissioned Commencing forthwith, § 343.4 (Code warrant officers, and warrant officers of M arch 13, 1943. member price index) is amended by the Navy and Marine Corps, active or Acting pursuant to the authority vested adding thereto Supplement R, and retired, the same rates as prescribed for in me by section 302 of the Civil Aero­ § 343.21 (General prices) is amended by officers of the Army in subparagraph (1) nautics Act of 1938, as amended, I hereby adding thereto Supplement T, which of this paragraph. amend Part 600 of the Regulations of supplements are hereinafter set forth (3) For retired enlisted men of the and hereby made a part hereof. the Administrator of Civil Aeronautics It is further ordered, That the price Army, for enlisted men of the Navy and as follows: Marine Corps, and for militarized female classifications and minimum prices personnel of the Navy and Marine Corps By amending § 600.10 (a) to read as heretofore established for the coals of on an enlisted status, active or retired, follows: the Cle Elum (Curry) Mine (Mine In­ an amount per day equal to the com­ § 600.10 (a) Scope. Each civil air­ dex No. 110) of code member Robert mutation rate prescribed in Army Reg­ way shall include the navigable airspace Curry, when produced for rail shipment ulations. [Par. 12a] of the United States above all that area shall henceforth be applicable only * * * * * on the surface of the earth lying within when such coals are shipped from Cle § 77.19 Civilian hospital employ­ five miles of the center line prescribed Elum, Washington, Northern Pacific ees. * * * for each such airway, but shall not in­ Railroad, Freight Origin Group 60 in lieu (e) Rations. Whenever it is found clude any of the airspace of an airspace of Roslyn, Washington, Northern Pacific necessary or deemed desirable, civilian reservation set apart as provided in Sec­ Railroad, Freight Origin Group 60, the employees, irrespective of their rate of tion 4 of the Air Commerce Act of 1926. shipping point heretofore shown for that pay, may be either furnished meals at mine. the hospital, or, by special authority of This amendment shall become effec­ tive 0001 e. w. t., April 1,1943. It is further ordered, That pleadings The Surgeon General in exceptional cir­ in opposition to the original petition in cumstances, furnished with a ration in C. I. S tanton, kind; Provided, That deductions are Administrator. the above-entitled matter and applica­ taken from their pay for such subsistence tions to stay, terminate or modify the [F. R. Doc. 43-4508; Filed, March 24, 1943; temporary relief herein granted may be or ration, or that reimbursement in cash 9:48 a. m.] is received. Civilian employees per-, filed with the Division within forty-five mitted or required to take meals reg­ * Administrative regulations of the War (45) days from the date of this order, ularly at the hospital will have appro­ Department relating to civilian employees, pursuant to the rules and regulations priate deductions made from their gross allowances. governing practice and procedure before 3686 FEDERAL REGISTER, Thursday, March 25, 1943 the Bituminous Coal Division in proceed­ (60) days from the date of this order, United States Government outside of the ings instituted pursuant to section 4 II unless it shall, otherwise be ordered. War Production Board, or any official of (d) of the Bituminous Coal Act of 1937. Dated: March 12, 1943. such agency* to perform such functions It is further ordered, That the relief [seal] D an H. W heeler, and exercise such powers, authority and herein granted shall become final sixty Director. discretion now or hereafter vested in the Chairman as he may prescribe, in such T emporary and Conditionally F inal E ffective M in im u m P rices for D istrict N o. 23 manner and subject to such restrictions No te: The material contained in these supplements is to be read in the light of the classifi­ or conditions as he may impose. cations, prices, instructions, exceptions and other provisions contained in Part 343, Minimum (E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. Price Schedule for District No. 23, and supplements thereto. 527; E.O. 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th Cong., as amended by FOR ALL SHIPMENTS EXCEPT TRUCK Pub. Laws 89 and 507, 77th Cong.) The following price classification and minimum prices shall be inserted in Minimum Price Schedule for District No. 23: Issued March 24,1943. Insert the following listing in proper alphabetical order under Code Member Price D onald M . N elson, Index: Chairman. § 343.4 Code member price index—Supplement R [F. R. Doc. 43-4522; Filed, March 24, 1943; 11:29 a. m.] [Minimum F. O. B. mine prices in cents per net ton for rail transportation into all market areas]

Sub­ Prices section M ine Shipping district Rail­ F. 0 . G. Producer Mine name index County • point price road No. P art 962—Iron and S teel No. group Rail Truck [Supplementary Order M-21-a, as Amended March 24, 1943] Andersen Coal Andersen... 176 Ravensdale, Wash. “F”__ NP... 11 §343.5 §343.21 Mines, Inc. ALLOY IRON, ALLOY STEEL AND ELECTRIC FURNACE CARBON STEEL The Andersen Mine (Mine Index No. 176) of the Andersen Coal Mines, Inc., shall be Included in Sub-District “F ” in District No. 23, and the coals of that mine, in the respective size groups, shall be subject to the minimum f. o. b. Au th o rity : Regulations in this subchapter mine prices for shipment via rail to all market areas, for all uses, that are presently in effect for the coals of the New issued under P.D. Reg. 1 as amended, 6 F.R. Black Diamond Mine (Mine Index No. 17) of the Pacific Coast Coal Company, in Sub.-District “F” of District No. 23. 6680; W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. 329; E.O. 9040; 7 F.R. 527; E.O. 9125, 7 F.R. Insert under Sub-District “F” in proper alphabetical order the following code 2719; sec. 2 (a), Pub. Law 671, 76th Cong., as member name, mine name, mine index number, county, and minimum prices: amended by Pub. Laws 89 and 507, 77th Cong. FOR TRUCK SHIPMENTS § 962.2 Supplementary Order § 343.21 General prices—Supplement T. M-21-a—(a) Definitions. For the pur­

poses of this order: Size groups (1) “Alloy steel” means any steel con­ Code member name Mine name County taining any one or more of the following

Mine in- 2 3 4 5 7 8 9 10 11 12 13 14 15 16 22 24 elements in the following amounts: I 1 1 dex No. Manganese, maximum of range in excess of SUB-DISTRICT “ t " 1.65%. Silicon, maximum of range in excess of 0.60%. Copper, maximum of range in 176 King...... 515 515 475 475 500 475 475 450 425 425 400 385 385 375 350 200 Andersen Coal Mines, Inc. Andersen__ excess of 0.60%. Aluminum, chromium, co­ balt, columbium, molybdenum, nickel, tita­ N ote: When truck coal from Sub-District “F ” is sold to established retail dealers for storage, or when sold to nium, tungsten, vanadium, zirconium, or any public institutions and industrial consumers, the above prices may be reduced 25 cents per net ton. other alloying element in any amount speci­ [F. R. Doc. 43-4470; Filed, March 23, 1943; 10:43 a. m.] fied or known to have been added to obtain a desired alloying effect. (2) “Alloy iron” means any iron con­ taining any one or more of the fpllowing TITLE 32—NATIONAL DEFENSE hereafter vested in the Chairman of the elements in the following amounts: War Production Board which are not Chapter IX—War Production Board Manganese, maximum of range in excess taken in the name of the Chairman, or of 1.65%. Silicon, maximum of range in ex­ Subchapter A—General Provisions in the name of the Executive Vice Chair­ cess of 5.00%; Copper, maximum of range in P art 903—D elegations of A u th o r ity man pursuant to paragraph (a) of this excess of 0.60%. Aluminum, chromium, co­ Regulation, shall be taken in the name balt, columbium, molybdenum, nickel, tita­ [War Production Board Regulation 1, as of the War Production Board, counter­ nium, tungsten, vanadium, zirconium, or any Amended March 24, 1943] signed or attested by the Executive Sec­ other alloying element in any amount speci­ fied or known to have been added to obtain DELEGATION OF POWERS AND RATIFICATION retary or the Recording Secretary of the a desired alloying effect. OF PREVIOUS ACTIONS War Production Board, except: (1) Action under Public Law 603 re­ It does not include those materials Section 903.0, War "Production Board ferred to in paragraph (a) of this Reg­ commonly known as ferro-alloys. Regulation No. 1, as amended February ulation, or (3) “Electric furnace carbon steel” 13, 1943, is hereby further amended to (2) Action taken pursuant to para­ means any steel other than alloy iron or read as follows: graphs (c) or (d) of this regulation. alloy steel that is melted in any type of § 903.0 War Production Board Regu­ (c) The Chairman or Executive Vice electric furnace. lation 1. (a) The Executive Vice Chair­ Chairman of the War Production Board (4) “Producer” meami any person who man of the War Production Board may, may authorize appropriate officials of melts alloy iron, alloy steel or electric in his own name, perform the functions the regional and district offices of the furnace carbon steel for subsequent con­ and exercise all the powers, authority, War Production Board to perform such version into rolled or forged products. and discretion now or hereafter vested functions and Exercise such powers, au­ Co) Purchasers? statements. E a c h in the Chairman of the War Production thority and discretion now of hereafter person who orders alloy iron, alloy steel Board (including the amendment of this vested in the Chairman as he may pre­ or electric furnace carbon steel from a Regulation), except those conferred scribe, either in the name of such officials producer shall include in the purchaser’s upon the Chairman by Public Law 603, or otherwise, and subject to such restric­ statement required by paragraph (c) of 77th Congress (Smaller War Plants ActK tions or conditions as he may impose. General Preference Order M-21 the end (b) All actions taken in performance (d) The Chairman or the Executive use (by general classification and spe­ of the functions or in exercise of the Vice Chairman of the War Production cific part name) for which such material powers, authority and discretion now or Board may authorize any agency of the will be used, the Government contract FEDERAL REGISTER, Thursday, March 25, 1943 3667 number (if any), and the date on which (carbon .10 percent maximum) melted of authorization to acquire material, is­ delivery is needed. by him during such month. sued by or under authority of the War (c) Producers’ forms. Each producer (i) Special provisions with respect to Production Board. shall file monthly with the War Produc­ (b) Purpose and scope. The purpose tion Board, Reference: M-21-a, melting alt alloy steel, except stainless and tool of this order is to provide procedures for schedules on forms PD-391, 391-a, and steel. Notwithstanding the foregoing producers to obtain maintenance, repair such other forms as may. be from time to provisions of this order, and regardless and operating supplies, and other ma­ time prescribed. The Director General of the approval of any melting schedule, chinery and equipment. for Operations may make such changes each person melting alloy steel (includ­ (c) CMP Regulation No. 5 not ap­ in any melting schedule as to him shall ing castings) shall use each calendar plicable. None of the provisions of CMP seem appropriate and may from time to Regulation No. 5 shall apply to any pro­ time issue supplementary directions with month in the melting of alloy steel (other ducer and no producer shall obtain any regard to melting of alloy iron, alloy steel than stainless and tool steel) alloy steel material under said regulation. and electric furnace carbon steel. turnings in an amount not less than 8 (d) Issuance of serial numbers. Per­ (d) Melting and deliveries of allpy percent, including alloy steel machine sons actually producing any metal listed iron, alloy steel and electric furnace car­ shop turnings in an amount not less than in Schedule A by smelting or refining bon steel. Except pursuant to specific processes may apply to the War Produc­ authorization or direction of the Director 4 percent, of the total weight of ingots tion Board for serial numbers. Serial General for Operations, alloy iron, alloy and castings of alloy steel (other than numbers may be issued to such persons steel or electric furnace carbon steel, stainless and tool steel) produced by him and may be denied or cancelled by the shall be melted and delivered as follows: during such month. Director General for Operations in ap­ (1) Each producer shall melt alloy propriate cases. In taking such action iron, alloy steer or electric furnace car­ Effective date. This order, as amended, and in granting priorities assistance, the bon steel in accordance and only in ac­ shall become effective April 1, 1943. Director General will consider the im­ cordance with such melting schedules as portance to national defense of the pres­ are approved by the Director General for Issued this 24th day of March 1943. ent and prospective output of materials Operations or such supplementary direc­ Cu r tis E . C alder, to be produced, the consumption of crit­ tions as may from time to time be issued Director General for Operations. ical material involved, and the impor­ by the Director General for Operations. [P. P. Doc. 43-4523; Piled, March 24, 4943; tance to national defense of competing (2) Each producer shall deliver alloy 11:28 a. m.] demands for such material. iron, alloy steel or electric furnace car­ (e) Priorities assistance—(1) Main­ bon steel on an order and only on an tenance, repair and operating supplies. order for which the melting has been Producers shall apply for priorities as­ specifically authorized or directed by the P art 982—M in e s and S m elters sistance for maintenance, repair and Director General for Operations. operating supplies by filing form PD-760: (e) Special directions. The Director [Preference Rating Order P-73, as Amended (2) Other equipment. Producers General for Operations may from time March 24, 1943 ] shall apply for priorities assistance for to time issue directions as to facilities to NONFERROUS SMELTERS AND REFINERS machinery or equipment other than be used in production and directions maintenance, repair and operating sup­ specifying as to any alloying element the Preference Rating Order P-73, as plies by submitting to the War Produc­ quantities and proportions which may be amended, is hereby further amended to tion Board a written application de­ used in making alloy iron or alloy steel, read as follows: scribing the machinery or equipment and whether and in what proportions, The fulfillment of requirements for the needed, the reasons why such machinery any such element is to be the metal, a defense of the United States has created or equipment is essential for the proper ferro-alloy, reclaimed metal, scrap, a a shortage in the supply, for defense, for operation of the producer’s plant, and chemical compound or any other mate­ private account, and for export, of ma­ such other or further information as may rial containing such element. terials used in the operation of nonfer- from time to time be required, including (f) Restrictions of deliveries under rous smelters and refiners, and the fol­ such forms or information as may be toll agreements. Except pursuant to lowing order is deemed necessary and required by the provisions of any other specific authorization or direction of the appropriate in the public interest and to order with respect to any particular type Director General for Operations, no per­ promote the defense of the United of equipment. son shall make or accept delivery under States: (3) Emergency procedure. In case of any toll agreement whereby one person § 982.2 Preference Rating Order P- breakdown, imminent breakdown or melts alloy iron, alloy steel or electric 73—(a) Definitions. (1) “Producer” other emergency, application for priori­ furnace carbon steel for another person. means a person actually producing any ties assistance may be made by tele­ (g) Exceptions. The provisions of metal listed in Schedule A by smelting graph. this order shall not apply to “tool steel” or refining processes, and to whom a se­ (4) Grant of priorities assistance. as defined by Supplementary Order M- rial number has been issued as provided On each application, the Director Gen­ 21-h, or to alloy iron, alloy steel or elec­ in paragraph (d) hereof. eral will grant such priorities assistance tric furnace carbon steel castings. (2) “Maintenance, repair and operat­ as he deems appropriate. (h) Special provisions with respect to ing supplies” means material used for (5) Restrictions on use of priorities stainless steel. Notwithstanding the any of the following purposes by a pro­ assistance. Notwithstanding the pro­ foregoing provisions of this order, and ducer in connection with his production visions of any other order or regulation of any metal listed in Schedule A by of the War Production Board, including regardless of the approval of any melt­ smelting or refining processes: CMP Regulation No. 5, no producer ing schedule, no person melting stainless (i) Minimum upkeep necessary to shall acquire any maintenance,, repair, steel (including castings) shall use fer- continue the working condition of essen­ or operating supplies or other machinery rochrome (including all prepared forms tial property or equipment; or equipment through use of a prefer­ of chromium) in the melting of stainless (ii) Restoration of essential property ence rating or other form of priorities steel to an extent where the aggregate or equipment to a sound working condi­ assistance assigned otherwise than pur­ tion after wear and tear, damage, de­ chromium content derived from ferro- suant to this order or an order in the struction or failure of parts, or the like P-19 series. chrome for all stainless steel melted by have made the property or equipment him in any calendar month exceeds 60 unfit or unsafe for service; (f) Application and extension of percent of the chromium content of all (iii) Where such material is essential priorities assistance. Preference ratings high carbon stainless steel (carbon over to. and consumed or worn out in such assigned and allotments of controlled materials made pursuant to this order •10 percent) melted by him during such opération. (3) “Priorities assistance” means any shall be applied, extended or made in month, plus 70 percent of the chromium preference rating, allotment under the accordance with the terms of Priorities content of all low carbon stainless steel Controlled Materials Plan, or other form Regulation No. 3, CMP Regulation No. 1, 3668 FEDERAL REGISTER, Thursday, March 25, 1943 or other relevant War Production Board order is deemed necessary and appro­ graph (b) of this order, or apply priori­ regulation. A producer in making use priate in the public interest and to pro­ ties assistance to obtain delivery of any of any such priorities assistance, shall mote the national war effort: material unless such serial number has endorse on his contract or purchase § 1041.3 Preference Rating Order been assigned and is in effect prior to order “P-73, Serial Number_____ ,” in­ P-98-c—(a) Definitions. (1) “Operator” such submission, sale, transfer or appli­ serting in the blank his serial number means any person to the extent that he is cation of priorities assistance and the hereunder. The use of such endorse­ engaged in the petroleum industry. serial number is clearly identified upon ment by a producer shall constitute a (2) “Surplus material” 'means any new the contract, purchase order or other representation, subject to the criminal or used item of material (including with­ document used in completing the trans­ penalties for misrepresentation con­ out limitation equipment and facilities) action. tained in section 35A of the Criminal usable for purposes other than scrap (5) Any operator or supplier may de­ Code (18 U. S. C. 80), that the item which is not required or scheduled for liver to any operator, and any operator ordered will be used for the purpose for use during the succeeding 90 days. may accept delivery of, material for ulti­ which priorities assistance was granted (3) All other definitions of Preference mate use outside of the United States, to acquire it. Rating Order P-98-b shall apply in this its territories or possessions, or the Do­ (g) Restrictions on use and resale. order. minion of Canada only where the oper­ No person shall use any material ob­ (b) Sales of material between opera­ ator accepting delivery of such material tained pursuant to this order for any tors. (1) Notwithstanding the provi­ secures priorities assistance in conform­ purpose other than that for which priori­ sions of Priorities Regulation No. 1, as ity with the provisions of Priorities Reg­ ties assistance was granted to acquire it; amended from time to time, any operator ulation No. 9 and Forms PD-311 or PD- and no person shall resell any such ma­ may sell or transfer to any operator 311-c, as they may be amended from terial except to a producer, or with the material from the seller’s or transferor’s time to time. specific approval of the Mining Equip­ stocks or inventories, and any such sale (d) Participation in Materials Redis­ ment Division. or transfer shall be expressly permitted tribution Program. Where any material (h) Records, audits, and reports. within the terms of Priorities Regulation is to be used by an operator in the United Each producer shall keep and preserve No. 13, as amended from time to time. States, its territories or possessions, such for a period of not less than two years (2) Notwithstanding the provisions of operator shall file such applications as accurate and complete records of all Priorities Regulation Nos. 1 and 13, as are required by the PAW-Materials Re­ transactions affected by this order, and amended from time to time, any oper­ distribution Program No. 2 and shall par­ shall submit from time to time to audit ator may sell or transfer to any supplier, ticipate in such program to the extent and inspection by duly authorized repre­ for direct sale or transfer by the sup­ required by its terms and provisions. sentatives of the War Production Board. plier to another operator, material from Any operator required to obtain a serial Each producer shall execute and file the stocks or inventories of the operator. number under the provisions of the with the War Production Board or other (3) Where any material is to be used PAW-Materials Redistribution * Program designated agency such reports and by an operator outside of the United No. 2 may be deprived of priorities as­ questionnaires as the War Production States, its territories or possessions, no sistance where a determination has been Board may from time to time require. operator may sell, transfer or accept de­ made that such operator has surplus ma­ (i) Appeals. Any appeal from the livery of such material under the provi­ terial which he has not made available provisions of this order shall be made sions of this paragraph (b) unless Form for redistribution in accordance with by letter referring to the particular pro­ PD-470 is filed with the Petroleum Ad­ such program. visions appealed from and stating fully (e) Communications and appeals. (1) the grounds of the appeal. ministration for War prior to any such (j) Communications. All reports and sale or transfer. For the purposes of this All reports which may be required to be applications hereunder and all other subparagraph Form PD-470 will be filed hereunder and all communications communications with respect to this treated as an information form only and concerning this order shall, unless other­ not as an application. wise directed, be addressed: order shall, except as otherwise spe­ (c) Restrictions on acquisition and use (1) By any person located in the cifically provided, be addressed to War of materials. (1) The provisions of CMP United States, its territories or posses­ Production Board, Washington, D. C„ Regulation No. 2 and paragraph (f) of sions, or elsewhere other than the Do­ Reference: P-73. CMP Regulation No. 5 shall not be ap­ minion of Canada to : Petroleum Admin­ Issued this 24th day of March 1943. plicable to the sale, delivery, or transfer istration for War, Interior Building, Cmms E. Calder, of material or the use of implementing Washington, D. C., Ref.: P-98-c. Director General for Operations. documents under the provisions of this (ii) By any person located in the order. The following provisions of this Dominion of Canada to: Office of Oil Schedule A paragraph (c) shall apply. Controller, Dominion of Canada, To­ Antim ony. Nickel. (2) No operator or supplier may de­ ronto, Canada, Ref.: P-98-c. Cobalt. Platinum . liver to any operator, and no operator (2) Any person affected by this order Copper. Tin. may accept delivery of, any material for or the applicable provisions of Part 1 Iridium . Tungsten. ultimate use in the United States, its ter­ of the PAW-Materials Redistribution Lead. Vanadium. Mercury. Zinc. ritories or possessions, or the Dominion Program No. 2, who considers that com­ Molybdenum. of Canada, in a quantity which if ac­ pliance therewith would work an ex­ cepted by the operator would result in ceptional and unreasonable hardship [P. R. Doc. 43-4524; Piled, March 24, 1943; surplus material for that operator. upon him, may file an appeal with the 11:28 a. m.] (3) No operator may submit a contract Petroleum Administration for War, set­ or purchase order, effect a sale or trans­ ting forth the pertinent facts and the fer authorized by the provisions of para­ reasons such person considers that he is graph (b) of this order, or apply or ex­ entitled to relief. Such appeal shall be P art 1041—P roduction, T ransportation, tend priorities assistance to obtain de­ made by filing a letter in triplicate with R efin ìn g and M arketing of P etroleum livery of any material for ultimate use the Director of Materials, Petroleum Ad­ [Preference Rating Order P-98-c, as in the United States, its territories or ministration for War, Interior Building, Amended March 24, 1943] possessions or the Dominion of Canada Washington, D. C., Ref.: P-98-c. Action Section 1041.3 Preference Rating Or­ in a quantity which if accepted by the with respect to this order and the PAW- der P-98-c is hereby amended to read as operator would result in surplus material Materials Redistribution Program No. follows: for that operator. 2 may thereupon be taken as is deemed To facilitate sales of idle or excess ma­ (4) On and after May 1, 1943, no appropriate. terials, equipment and facilities by per­ operator who is required to obtain a (f) Applicability of orders and regu­ sons engaged in the petroleum industry serial number under the provisions of lations. Except as provided in para­ to other persons engaged in the petro­ the PAW-Materials Redistribution Pro­ graph (c) (1), this order does not leum industry and to control the acqui­ gram No. 2 may submit a contract or authorize acquisition, receipt or use of sition of materials by persons engaged in purchase order, effect a sale or transfer any material by any person in violation the petroleum industry, the following authorized by the provisions of para­ of any inventory, quota or use restric- FEDERAL REGISTER, Thursday, March 25, 1943 3669 tions imposed by any order or regula­ quire or accept delivery of laboratory (3) Said certification shall constitute tion. This order and all transactions equipment in which there is incorporated a representation to the War Production affected thereby are subject to the appli­ or used aluminum, chromium, copper, Board and to the person with whom the cable provisions of any regulation issued iron, magnesium, molybdenum, nickel, purchase order or contract is placed, that by the War Production Board, as amend­ steel, tantalum, tin, titanium, any alloy the subject matter of the order or con­ ed from time to time. of said metals, rubber, neoprene or other tract will be used or sold in accordance (g) Violations. Any person who wil­ synthetic rubber, or non-cellulose base with the provisions of this order. Every fully violates any provision of this order synthetic plastics, except: (i) pursuant to person concerned shall be entitled to rely or who wilfully furnishes false informa­ a purchase order or contract having cer­ on said certification, unless he knows or tion to the Director General for Opera­ tified thereon a statement in the follow­ has reason to believe it to be false. tions in connection with this order is ing form, signed manually, or as provided (4) No manufacturer shall use any guilty of a crime, and upon conviction in Priorities Regulation No. 7 by 'an scarce material described in foregoing may be punished by fine or imprison­ official duly authorized for such purpose: paragraph (b) (1), where and to the ex­ tent that the use of other material is ment. In addition, any sudh person may Certification be prohibited from making or obtain­ practicable. ing further deliveries of or from proc­ The laboratory equipment herein ordered (c) Applicability of Priorities Regu­ essing or using material under priority will be used or sold in conformity with the lation No. 1. This order and all transac- control and may be deprived of priorities provisions of General Limitation Order No. flons affected thereby are subject to the assistance by the Director General for L-144, with the terms of which the under­ provisions of Priorities Regulation No. 1 Operations. signed is familiar. (Part 944) as amended from lime to N a m e ______time except to the extent that any pro­ Issued this 24th day of March 1943. B y...... Signature of duly authorized official vision hereof may be inconsistent there­ Cu rtis E . Calder, with, in which case the provisions of this Director General for Operations. or, order shall govern. (ii) Pursuant to a purchase order or (d) Records. All persons to whom this [F. R. Doc. 43-4525; Filed, March 24, 1943; contract from the Army or Navy of the 11:28 a. m.] order applies shall keep and preserve for United States, the United States Mari­ not less than two years, accurate and time Commission, the War Shipping Ad­ complete records concerning inventories, ministration, the Coast and Geodetic production and sales, including copies of P art 1075—C onstruction Survey, the Civil Aeronautics Adminis­ each purchase order or contract contain­ [Amendment 1 to Preference Rating Order tration, the National Advisory Commit­ ing the certification hereinabove referred P-55] tee for Aeronautics, the Office of Scien­ to. tific Research and Development, or the (e) Audit and inspection. All records § 1075.7 Housing construction ma­ government of any of the following terials. Preference Rating Order P-55, required to be kept by this order shall, countries: Belgium, China, Czechoslo­ upon request, be submitted to audit and as amended February 12, 1943, and, not­ vakia, Free France, GreeCef Iceland, inspection by duly authorized represent­ withstanding the provisions of para­ Netherlands, Norway, Poland, Russia, atives of the War Production Board. graph (1) thereof, all preference rating Turkey, United Kingdom, including its orders of the P-55 series heretofore is­ (f) Reports. All persons affected by Dominions, Crown Colonies and Protec­ this order shall execute and file with the sued, are hereby amended by striking torates, and Yugoslavia. - out paragraph (e), which requires coun­ War Production Board such reports and (2) No person shall make the certifica­ questionnaires as said Board shall from tersignature on purchase orders by an tion described in the foregoing para­ authorized governmental official. time to time request. graph for the acquisition of any item or (g) Violations. Any person who wil­ Issued this 24th day of March 1943. quantity of the same item of laboratory fully violates any provision of this order, equipment having a value of $50.00 or C u r tis E . C alder, or who, in connection with this order, Director General for Operations. more, except for resale, or when author­ wilfully conceals a material fact or fur­ ized by the Director General for Opera­ nishes false information to any depart­ [F. R. Doc. 43-4528; Filed, March 24, 1943; tions under paragraph (b) (2) (vi) of 11:29 a. m.] ment or agency of the United States is this order pursuant to application on guilty of a crime, and upon conviction, Form PD-620; nor shall any person make may be punished by fine or imprison­ said certification for the acquisition of ment. In addition, any such person may any laboratory equipment except for re­ P art 1261—L aboratory E q u ipm en t be prohibited from making or obtaining sale or use for one or more of the fol­ further deliveries of, or from processing [Limitation Order L-144 as Amended lowing purposes: March 24,1943] or using, material under priority con­ (i) Research on, or production, anal­ trol and may be deprived of priorities The fulfillment of requirements for the ysis or testing of, materials. assistance. defense of the United States has created (ii) Research by or for the United (h) Appeal. Any person affected by shortages in the supplies of laboratory States Army, Navy, Maritime Commis­ this order who considers that compliance equipment and the materials entering sion, or any other department, or agency herewith would work an exceptional and into the manufacture thereof for the war of the government of the United States, unreasonable hardship upon him, may effort, for private account, and for ex­ or of any foreign country entitled to appeal to the War Production Board set­ port; and the following order is deemed deliveries under the Act of Congress of ting forth pertinent facts and the rea­ necessary and appropriate in the public March 11, 1941, “An Act to Promote the sons such person considers that he is interest and to promote the national de­ Defense of the United States” (Lend- entitled to relief. The Director General fense: Lease Act). for Operations may thereupon take such § 1261.1 General Limitation Order (iii) [Revoked March 24, 1943.1 action as he deems appropriate. L-144—(a) Definition. For the purpose (iv) To the extent necessary for the (i) Communications. All reports re­ of this order: replacement of essential existing equip­ quired to be filed hereunder or com­ “Laboratory equipment” means mate­ ment in laboratories affecting the public munications concerning this order, shall, rial, instruments, appliances, devices, health, and in United States government, unless otherwise directed be addressed parts thereof, tools and operating sup­ state, county, and municipal laboratories. to War Production Board, Safety and plies for laboratories, or for use in con­ (v) To the extent necessary for repair Technical Equipment Division, Techni­ nection with operations usually carried parts and operating supplies for the cal and Scientific Equipment Section, on in laboratories, not including second­ maintenance of existing essential equip­ Washington, D. C.: Ref.: L-144. hand items. The term does not include ment and activities in laboratories. Issued this 24th day of March 1943. reagent chemicals which are defined as (vi) For any use which the Director Cu r tis E. Calder, any chemical prepared and packed for General for Operations- determines is Director General for Operations. reagent use in laboratories. necessary and appropriate in the public (b) General restrictions. (1) No per­ interest, pursuant to application on Form [F. R. Doc. 43-4520; Filed, March 24, 1943; son shall sell, deliver, rent, purchase, ac­ PD-620. 11:28 a. m.] 3670 FEDERAL REGISTER, Thursday, March 25, 1943

P art 3156—Cattle H ide Leather and liver under the contract, at the con­ veneer factory, stave mill, or any other Cattle H ide L eather P roducts tract price, until and including June operation which converts logs or bolts [Revocation of Conservation Order M-273-a] 23, 1943. The application must include into finished or unfinished wood or chem­ a copy of the contract, or a summary ical products, other than woodpulp or Section 3156.2 Conservation Order of all the terms of the contract. Per­ pulp products. If a company owns M-273-a is hereby revoked. mission may be granted by letter or tele­ plants at more than one location, each This action shall not be construed to gram. plant shall be considered a separate affect in any way any liability or penalty (b) ’Prices lower than the maximum buying plant. accrued or incurred under said Order prices may, of course, be charged or paid. The paragraphs that follow explain M-273-a. (c) If logs or bolts have been re­ how to apply the general rule in figuring Issued this 24th„day of March 1943. ceived before April 23,1943, by a carrier, the ceiling price. other than one owned or controlled Cu r t is E. C alder, (b) How to figure grades and scale— Director General for Operations. by the seller, for shipment to a buyer, (1) In general. Each buying plant must that shipment is not subject to this use the same scaling and grading rules [F. R. Doc. 43-4527; Filed, March 24, 1943; regulation. and practices which it used during Sep­ 11:30 a. m.] S ec. 2 To what products, transactions, tember and October 1942. In working and persons this regulation applies—(a) out the grades which it used, a buying Products covered by the regulation. This plant should consider only the species Chapter XI—Office of Price Administration regulation covers, under the term “logs and the physical qualities of logs and and bolts”, all diameters, lengths, grades bolts (such as length, diameter, and de­ P art 1312—L umber and L um ber P roducts and species of logs and bolts produced fects) which affected the prices the buy­ [MPR 348] or cut anywhere in the United States. ing plant paid during September and It applies to logs or bolts sold on any October 1942. For example, if a buying LOGS AND BOLTS type of measure, including log scale, plant during those two months paid the A statement of the considerations in­ lumber scale, standards, or cubic volume same price for all logs of a certain volved in the issuance of this regulation (such as cord measurement). However, species, it has only one grade for this has been issued simultaneously herewith it specifically does not apply to the fol­ species. On the other hand, if it paid a and has been filed with the Division of lowing: higher price for logs 16 inches and over the Federal Register.* (1) West Coast logs covered by Maxi­ than for those under 16 inches in the mum Price Regulation No. 161 (West same species, the larger logs would be § 1312.401 Maximum prices for logs Coast Logs)1 or any amendment or re­ one grade and the smaller logs another and bolts. Under the authority vested in vision of that regulation; grade. the Price Administrator by the Emer­ (2) Prime grade hardwood logs cov­ (2) Combination grades. A buying gency Price Control Act of 1942 as ered by Maximum Price Regulation No. plant may buy logs or bolts on combina­ amended, and Executive Order No. 9250, 313 (Prime Grade Hardwood Logs) * or Maximum Price Regulation No. 348 (Logs tion grades (such as “woods run”). How­ any amendhifent or revision of that ever, the specifications of the combina­ and Bolts), which is annexed hereto and regulation; made a part hereof, is hereby issued. tion grades must be the same as those (3) Sequoia or California Redwood used by the buying plant during Sep­ Authority : § 1312.401 issued under Pub. logs and bolts; Laws 421 and 729, 77th Cong.; E.O. 9250, 7 F.R. (4) Pulpwood of any species sold for tember and October 1942. 7871. manufacture into woodpulp or pulp (3) Grades for logs of a kind which the buying plant did not purchase during Maximum P rice R egulation 348—Logs and products; B olts (5) Logs and bolts sold for use as September and October 1942. In figur­ CONTENTS firewood or fuel; ing grades for logs of a kind which a buy­ ing plant did not purchase during Sep­ Sec. (6) Posts, poles or piling of any species sold for use as posts, poles, or piling. tember and October 1942, a buying plant 1 Sales of logs and bolts at higher than should use the same methods as those maximum prices prohibited. (b) Transactions covered by the reg­ explained in the next paragraph for 2 To what products, transactions, and per­ ulation. This regulation covers all pur­ sons this regulation applies. chases of logs and bolts by plants which figuring average prices for these logs. 3 Maximum prices. convert logs or bolts into finished or That is, the buying plant should use the 4 Posting, advertising and filing maximum grades for these logs which the nearest prices. unfinished wood or chemical products, competitive buying plant used during 5 What the invoice or billing must contain. other than woodpulp or pulp products. September and October 1942. (See sub- 6 Records and reports. It also covers all sales of logs and bolts paragraph (2) of the next paragraph, 7 Prohibited practices. to these plants. “Competitor’s price".) If grades for 8 Applications for adjustment and peti­ (c) Persons covered by the regulation. these logs cannot be figured in this man­ tions for amendment. Any person who makes the kind of sale 9 Establishment of dollars-and-cents prices ner, the buying plant should work out by area. or purchase covered by this regulation is its own grades and send the details to the 10 Enforcem ent. subject to the regulation. The term Office of Price Administration when the “person” includes: an individual, corpo­ buying plant writes for an authorization S ection 1 Sales of logs and bolts at ration, partnership, association, or any of, or instruction to figure, an average higher than maximum prices prohibited. other organized group of persons, or (a) On and after April 23, 1943, regard­ price. (See subparagraph (3) of the their legal successors, or representa­ next paragraph, Application to the Office less of any contract or obligation, no tives; the United States, or any govern­ person shall sell or deliver to any plant, ment, or any of its political subdivisions; of Price Administration.) and no plant shall buy or receive in the or any agency of the foregoing. (c) How to figure the average price. course of trade or business, any logs or S ec. 3 Maximum prices—(a) In gen­ The average price should be figured as bolts at prices higher than the maximum eral. The highest price which any follows: prices fixed by this regulation, and no buying plant can pay for logs or bolts (1) Purchased logs and bolts. If. person or plant shall agree, offer or is the average price which that buying during September and October 1942, the attempt to do any of these things. How­ plant paid during September and Octo­ buying plant bought logs or bolts of the ever, if a contract for sale of logs or species and grade for which it is figuring bolts was made before March 23, 1943, ber 1942 for the same species and grade of logs or bolts. This ceiling price is an average price, the buying plant at prices higher than the maximum should add up the total delivered cost prices fixed by this regulation, the seller also the highest price which any seller can charge for logs or bolts sold to this of all logs or bolts of that grade and may apply by letter to the Lumber species purchased during the two Branch, Office of Price Administration, particular buying plant. The term Washington, D. C. for permission to de- “buying plant” means any sawmill, months, and divide this total by the total footage of» these logs or bolts. In figuring * Copies may be obtained from the Office of 18 F.R. 1117, 2992. the total cost of these logs or bolts, the Price Administration. 18 F.R. 1453, 2208, 2992. buying plant is to include any charges FEDERAL REGISTER, Thursday, March 25, 1943 3671 paid for transporting the logs or bolts (b) Advertising maximum prices. actual scale content of the logs or bolts. to the plant. Every buying plant must send to each of (2) Increasing the price of logs or bolts (2) Competitor’s price. If, during its log and bolt suppliers a notice or by failing to make an effort in good September and October 1942, the buy­ handbill which contains all the informa­ faith to collect advances to loggers. An ing plant did not buy logs or bolts of tion on the display required in the above advance to a logger is to be considered the species and grade for which it is paragraph (a). as part of the price of the logs or bolts figuring an average price, the buying (c) Filing maximum prices. A copy to be supplied by the logger. plant should use the average price ar­ of the notice or handbill required in the (3) Adding to the maximum prices a rived at by the nearest competitive buy­ above paragraph (b) must be filed with charge for grading, scaling, or inspection. ing plant. A buying plant cannot use the Lumber Branch, Office of Price Ad­ (c) Service commissions. It is un­ as a competitor a plant which is more ministration, Washington, D. C. lawful for any person to charge or re­ than 50 miles away or which is engaged (d) Time limit. The things required ceive from a buying plant, or for a buying in a different kind of business. For in this section must be done before April plant to pay a commission for the serv­ example, a veneer factory is not a com­ 23, 1943. ice of procuring, buying, selling or locat­ petitor of a sawmill, but is a competitor S ec. 5 What the invoice or billing ing logs or bolts, or for any related serv­ of another veneer mill located not more must contain, (a) All invoices, and bill­ ice (such as “expediting”) which does than 50 miles away. A buying plant ings of logs or bolts must contain a suf­ not involve actual physical handling of must tell its average prices to a com­ ficiently complete description of the logs logs or bolts, if the commission plus the petitor upon request. or bolts covered to show whether the purchase price results in a total payment (3) Application to the Office of Price price is proper or not. This means that by the buying plant which is higher than Administration. If an average price for the invoices and billings must show the the maximum price of the logs or bolts. logs or bolts of any grade or species can­ species (or that the sale was of a “mixed For purposes of this regulation, a com­ not be figured under either of the two species”) , the grade (or that the sale was mission is any service charge or payment methods explained above, the buying of a combination grade), the net footage which is figured either directly or in­ plant should write a letter to the Lum­ and the price of the logs or bolts pur­ directly on the basis of the quantity, ber Branch, Office of Price Administra­ chased or sold. In addition, the invoices price or value of the logs or bolts in con­ tion, Washington, D. C. The letter and billings must show to what place the nection with which the service is per­ should give the name of the species and seller delivered the logs or bolts, the date formed. a full description of the grade. The Of­ of sale, and the name and address of the (d) Adjustable pricing. The price fice of Price Administration by letter or buyer and seller. may be adjustable to the maximum price telegram will authorize, or instruct how (b) Any part of the information re­ in effect at time of delivery. A price to figure, an average price for the species quired on the invoice may be furnished may not be made adjustable to a maxi­ and grade in question. in a tally sheet attached to and made mum price which will be in effect some­ (d) Using average prices as maximum part of the invoice. time after delivery of the logs or bolts prices. The average prices for Septem­ (c) An invoice or billing may cover all has been completed. However, in the ber and October 1942 are the maximum logs or bolts delivered by the seller to a event a petition for amendment or ad­ prices for logs or bolts delivered by the purchaser during a period of not more justment has been filed which requires seller to the buying plant. This means than two weeks. extended consideration, the Price Ad­ that the seller cannot add to the maxi­ (d) Either the buyer or seller may pre­ ministrator may, upon application, grant mum prices any charge for hauling logs pare the invoice or billing, but both have permission to agree to adjust prices upon or bolts to the buying plant. the responsibility for correct invoicing deliveries made during consideration of (e) Reduction of maximum prices or billing. the petition in accordance with the dis­ when the seller does not make delivery (e) Failure to invoice properly is just position of the petition. to the buying plant. If the buying plant as much a violation of this regulation as (e) Credit terms. T h e maximum takes delivery of logs or bolts away from charging an excessive price. price cannot be increased for the exten­ the plant, the maximum price must be S ec. 6 Records—(a) Billings and in­ sion of credit. The maximum price reduced by the amount which it costs voices. All invoices and billings must be does not have to be reduced where the the buyer to bring the logs or bolts to made with two copies. Each buyer and buyer purchases on cash terms. the plant. seller must keep, as a record, one copy (f) Purchases of stumpage and pay­ S ec. 4 Posting, advertising and filing of all invoices and billings covering the ments to loggers. It is a violation of this maximum prices-^(a) Posting maximum logs or bolts purchased or sold. These regulation for a buying plant to pur­ prices. Every buying plant must display must be kept for two years, for inspection chase stumpage and contract for the in a manner plainly visible to, and un­ by the Office of Price Administration. seller to cut the stumpage, if the total derstandable by, log and bolt sellers, the (b) Purchase records for Septemberamount paid by the buying plant for the maximum prices permitted under this and October 1942. Every buying plant stumpage and the logging is higher than regulation. The display shall be headed must keep all records available on March the maximum price fixed by this regula­ “Our Ceiling Prices for Buying Logs and 23, 1943, of purchases of logs and bolts tion. Bolts“,3 and shall list the species, a full jduring September and October 1942; In all cases payments for contract log­ and complete description of all the These must be kept until April 1,1945 for ging are controlled by the General Maxi­ inspection by the Office of Price Admin­ mum Price Regulation4 or any amend­ grades, and the maximum price for each istration. ment or revision of that regulation. species and grade. Also, the display must S ec. 7 Prohibited practices—(a) In S ec. 8 Applications for adjustment be dated and include the following no­ general. Any practice which gets the and petitions for amendment—(a) Gov­ tations: effect of a higher-than-ceiling price ernment contracts. (1) The term “gov­ (1) These are the ceiling prices for logs and without actually raising the dollars-and- ernment contracts” is here used to mean bolts8 delivered to our plant located at cents price is as much a violation of this any contract with the United States or ______For logs and bolts not delivered regulation as an outright over-ceiling any of its agencies, or with the govern­ to the plant, these ceiling prices must be re­ price. This applies to making use of ment or any government agency of any duced by our cost of bringing the logs and commissions, services, transportation ar­ bolts to the plant. country whose defense the President (2) The Federal law prohibits our pay­ rangements, premiums, special privileges, deems vital to the defense of the United ing higher prices and makes it iUegal for tying-agreements, trade understandings anyone to charge us higher prices. Our pur­ and the like. * 7 FU. 3153, 3330, 3666, 3990, 3991, 4339, chases are subject to inspection by Federal (b) Specific prohibited practices. The 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, officials. A copy of this notice has been filed 5565, 5484, 5775, 5784, 5783, 6958, 6081, 6007, with the Federal Government. following are among the specific prac­ 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, tices prohibited: 7913, 8431, 8881, 9004, 8942, 9435, 9615, 9616, 8 If a buying plant does not purchase bolts, (1) Up-grading, up-scaling, or allow­ 9732, 10155, 10454; 8 F.R. 371, 1204, 1317, 2029, the word “bolts” may be omitted. ing a greater net scale footage than the 2110, 2346, 3096. No. 59- -2 3672 FEDERAL REGISTER, Thursday, March 25, 1943

States under the terms of the Act of may submit objections to the Lumber range from other products delivered dur­ March 1, 1941, entitled, “An Act to Pro­ Branch, Office of Price Administration, ing March, 1942 by Royal Container mote the Defense of the United States”, Washington, D. C. If there is any sub­ Company, and also differ in use, serv­ It also includes any subcontract under stantial volume of objection, the Office iceability or price range from products this kind of contract. of Price Administration may hold a hear­ delivered by Royal Container Company’s (2) Any person who has made or in­ ing on the proposal. . most nearly competitive manufacturer tends to make a “government contract” (d) Action on petition. The Price during March, 1942. (a) The maximum and who thinks that the maximum price Administrator, if he believes the facts prices which may be charged for meat established in this regulation is imped­ submitted justify such action, will bags and lard bags sold by Royal Con­ ing or threatens to impede production of establish a system of dollars-and-cents tainer Company, hereinafter called “the logs or bolts which are essential to the ceiling prices at a level in line with the manufacturer” shall be determined in war program and which are or will be the general level of prices under this regula­ accordance with the following instruc­ subject of the contract, may file an appli­ tion, and establish uniform grades and tions' cation for adjustment in accordance with scaling rules, for all buying plants in an (1) The cost of raw materials should Procedural Regulation No. 6,5 issued by appropriate area. The Price Adminis­ be computed at the cost of acquisition? the Office of Price Administration. trator may depart from the original which in no event shall exceed the ap­ (b) Petitions for amendment. Any proposal, establish price differentials propriate maximum price established by person seeking an amendment of any within an area, or set up a system based the Office of Price Administration for provision of this regulation majf file a oh sellers’ prices for logs and bolts pro­ such raw materials. All subsequent sav­ petition for amendment in accordance duced within a specified area, if neces­ ings in the cost of raw materials shall be with the provisions of Revised Procedural sary or proper to make the action fair reflected in the maximum prices. Regulation No. 1 6 issued by the Office of and equitable and to prevent diversion. (2) All charges for hand or machine Price Administration. In considering requests for area pricing, operations involved in the manufacture S ec. 9 Establishment of dollars-and- the Price Administrator may consolidate or conversion of the product shall be cents prices by areas—(a) Petition for petitions dealing with areas that are computed at a rate not to exceed the “area pricing”. Any group of four or near each other. When a system of area hourly rate at which such hand or ma­ more buying plants, of any kind, may pricing is approved, the prices, grades, chine operations were computed during petition the Lumber Branch of the Office scaling rules, and a description of the the month of March, 1942, and the time of Price Administration in Washington, area will be published as an appendix to allowance, or the resulting piece rates, D. C., to establish a system of dollars- this regulation. for the operations shall not be in excess and-cents prices by grades, sizes, and S ec. 10 Enforcement (a) Persdns of those estimated or used during the species for buying plants in an area of violating any provision of this regulation month of March, 1942. at least 400 square miles which contains are subject to the criminal penalties, (3) The percentage margin or differ­ at least five buying plants. The petition civil enforcement actions, and suits for ence between total manufacturing costs must relate to all grades, sizes, and spe­ treble damages, provided for by the and selling price, f. o. b. manufacturer’s cies of logs and bolts bought by plants in Emergency Price Control Act of 1942. plant, shall not exceed that percentage that area, and must request establish­ (b) War procurement agencies and margin used in determining a selling ment of a system of ceiling prices appli­ their contracting or paying finance offi­ price for that item sold by the manufac­ cable to all buying plants in the area. cers are not subject to any liability, civil turer during March, 1942 which most (b) Contents of petition. The peti­ or criminal, imposed by this regulation. closely resembles the new meat bag and tion must contain: Persons who make sales covered by this lard bag respectively in manufacturing ( 1 ) A description of the exact bound­regulation to war procurement agencies cost, quantities of raw materials per unit, aries of the area, and the reasons for are, however, subject to all the liabilities converting operations required and the boundary lines chosen; that is, the imposed by, this regulation. “War pro­ quantity of production. reasons why the particular area con­ curement agencies” include the War De­ (i) The manufacturer shall continue stitutes a market area in which a single partment, the Navy Department, the to grant its customary discounts, differ­ pricing system should prevail. United States Maritime Commission and entials and allowances to the different (2) Copies of the notices of maximum the Lend-Lease Section in the Procure­ classes of purchasers in accordance with prices of the petitioning plants. ment Division of the Treasury Depart­ its accepted practice. (3) A proposal of uniform grades with ment, or any of their agencies. (ii) If the manufacturer’s customary detailed specifications, uniform scaling Note: All reporting and record-keeping practice during March 1942 was to sell rules, and a dollars-and-cents ceiling requirements of this regulation have been on a delivered basis, such practice shall price system; and a comparison of these approved by the Bureau of the Budget in be continued. with the average prices, and the grades accordance with the Federal Reports Act of (b) Within ten days after a maxi­ and rules prevailing in the area during 1942. mum price has been determined in ac­ the period September-October, 1942. This regulation shall become effective cordance with this order Royal Con­ The system proposed may contain price April 23, 1943. tainer Company shall report to the Office differentials within the area, based on of Price Administration, Washington, differences in transportation rates, Issued this 23d day of March 1943. D. C., the maximum price as computed which will prevent diversion of logs as P r entiss M . B r o w n , by it. The report shall set forth in de­ between buying plants in the area. Administrator. tail a description of the new meat bag (4) A showing that the proposed prices [F. R. Doc. 43-4495; Filed, March 23, 1943; and lard bag respectively, a statement will not cause diversion of logs or bolts 2:24 p. m.] of the facts which differentiate these away from buying plants in either this products from other commodities deliv­ area or elsewhere. ered during March 1942 by the manu­ (c) Notice and hearing. On receipt facturer or by other competitive manu­ of a petition showing a proper case for P art 1499—C ommodities and S ervices facturers of the same class, a computa­ the consideration of area pricing, the [Order 346 Under § 1499.3 (b) of GMPR] tion of estimated costs, together with Office of Price Administration will send the percentage margin or difference be­ notices of the proposed prices, grades ROYAL CONTAINER COMPANY tween total manufacturing costs and and scaling rules and area boundaries selling price f. o. b. manufacturer’s to all buying plants in and within 25 For the reasons set forth in an opinion plant, the am ount of transportation miles of the area whose maximum prices issued simultaneously herewith: It is charges to be absorbed and also a state­ have been filed under section 4 (c) of ordered: ment indicating whether or not the this regulation. Within 20 days of the § 1499.1782 Authorization for Royal method of handling freight charges is date of this notice, any person affected Container Company of San Francisco, in line with the established policy of California, to determine maximum prices Royal Container Company for compare- * 7 F.R. 5087, 5664. for meat bags and lard bags, which prod­ able commodities. The report shall also 8 7 F.R. 8961. ucts differ in use, serviceability or price state the name of that commodity, de- FEDERAL REGISTER, Thursday, March 25, 1943 3673 livered during March 1942 by the manu­ (Pub. Laws 421 and 729, 77th Cong.; P art 1436—P lastics and S y n th etic facturer, or by other competitive manu­ E.O. 9250, 7 F.R. 7871) R e sin s facturers of the same class, which is Issued this 23d day of March 1943. [MPR 346] used to establish the proper percentage margin or difference between total man­ P r e n t iss M . B r o w n , THERMOPLASTIC SCRAP Administrator. ufacturing cost and selling price f. o. b. Correction manufacturer’s plant. [F. R. Doc. 43-4496; Filed, March 23, 1943; (c) Within ninety days after a maxi­ 2:23 p. m.] The section heading for § 1436.11 of mum price has been determihed in ac­ the document appearing on page 3320 of cordance with this Order, Royal Con­ the issue for Thursday, March 18, 1943, tainer Company shall file with the Office should read “Adjustable pricing.” The P art 1499—Com m odities and S ervices of Price Administration, Washington, fourth word, “that,” of paragraph (a) D. C., a report covering the actual man­ [Am endm ent 136 to Supp. Reg. 14 to GMPR] (4) of Appendix A should be deleted. ufacturing costs of the new meat bags and lard bags. The report shall cover modification of m axim um prices for cer­ the entire period during which the new tain COMMODITIES, SERVICES AND TRANS­ Notices meat bags and lard bags shall have been ACTIONS manufactured and any change in the al­ New Commercial Vehicles location of freight charges and those set DEPARTMENT OF THE INTERIOR. forth in the report required by (b) above Correction Bituminous Coal Division. shall be indicated. In the document appearing on page (d) Any selling price determined 3322 of the issue for Thursday, March 18, [Docket No. B-125] under this order shall be subject to ad­ 1943, the fourth item under Form No. J . T . D aniels justment at any time by the Office of 694:190 should read “Body & Ignit. Key Price Administration. No.” In Item 3d the engine oil number ORDER POSTPONING HEARING AND EXTENDING (e) This Order No. 346 may be revoked should be SAE-10. Item lOi should read TIME TO FILE APPLICATION or amended by the Office of Price Ad­ “Check all belt adjustments and replace ministration at any time. The above-entitled matter having been belts if necessary.” In item 15e the first heretofore scheduled for hearing at 10 (f) This Order No. 346 (§ 1499.1782) word of the second line should be “of” shall become effective March 24,1943. a. m. on March 26, 1943, at a hearing instead of “or.” In item 16c the first room of the Bituminous Coal Division, (Pub. Laws 421 and 729, 77th Cong.; word of the fourth line should be “of” Federal Court House, Catlettsburg, Ken­ E. O. 9250, 7 F.R. 7871) instead of “or.” tucky; and Issued this 23d day of March 1943. The Bituminous Coal Producers Board for District No. 8, the complainant P rentiss M . B r o w n , P art 1499—Com m odities and S ervices Administrator. herein, having filed with the Division [Order 36 Under Supp. Reg. 15 of GMPR] on March 20, 1943, a motion to postpone [F. R. Doc. 43-4497; Filed, March 23, 1943; the hearing herein' and to extend the 2:23 p. m.] JAMES A. HANNAH MOTOR TRUCK SERVICE time for filing an application for disposi­ tion of this matter without formal hear­ Correction ing; and P art 1499—Com m odities and S ervices The Director deeming it advisable to The effective date of § 1499.1336 (e) of grant said motion; [Order 218 Under § 1499.18 (b) of GMPR] the document appearing on page 3324 of Now, therefore, it is ordered, That the NTJCO PAPER EXCELSIOR AND PAD COMPANY the issue for Thursday, March 18, 1943, time for filing an application pursuant should be March 17, 1943. Order 218 under § 1499.18 (b) of the to § 301.132 of the Rules of Practice and General Maximum Price Regulation; Procedure be, and the same hereby is, GF3-2457. For the reasons set forth in extended to and including April 5, 1943; the opinion issued simultaneously here­ P art 1364—F resh , Cured, and Canned It is further ordered, That said hearing with, It is ordered: M eat and F is h P roducts in the above-entitled matter be and it hereby is postponed from 10 a. m. on § 1499.1818 Adjustment of maximum [ MPR 328,1 Amendment 1 ] March 26, 1943, at Catlettsburg, Ken­ prices of wood excelsior sold by Nuco CANNED EASTERN AND GULF OYSTERS tucky, to a time and place to be hereafter Paper Excelsior and Pad Company, (a) designated by appropriate order. On and after March 24, 1943, Nuco Pa­ A statement of the considerations in­ Dated: March 23, 1943. per Excelsior and Pad Company, 2505 volved in the issuance of this amend­ [seal] D an H . W heeler, East Eighteenth Street, Kansas City, ment, issued simultaneously herewith, Director. Missouri, may sell and deliver and offer, has been filed with the Division of the agree, and attempt to sell and deliver, [F. R.' Doc. 43-4516; Filed, March 24, 1943; and any person may buy from the Nuco Federal Register.* 11:15 a. m.] Paper Excelsior and Pad Company, wood Section 1364.911 (a) is amended by de­ excelsior at a price no higher than $26.00 leting the figures “$3.15” and “$5.80” and by inserting in their places respectively per ton, in the grade known as standard [Docket No. B-195] grade, put up in bales averaging about the figures “$3.35” and “$6.25”. sixty-five pounds to the bale. This price This amendment shall become effec­ G erard and R um ple is f. o. b. the plant. tive March 23, 1943. ORDER CLOSING HEARING AND REQUIRING (b) The above price is subject to all TRIAL EXAMINER TO FILE FINAL REPORT customary discounts and allowances in (Pub. Laws 421 and'729, 77th Cong.; E.O. use by the seller in March 1942. 9250, 7 F.R. 7871) In the matter of Frank Gerard and (c) This Order may be revoked or Issued this 23d day of March, 1943. Heston Rumple, individually and as co­ amended by the Price Administrator at partners doing business under the name any time. P r en t iss M . B r o w n , and styie of Gerard and Rumple. (d) This Order No. 218 (§ 1499.1818) Administrator. The above-entitled matter having is hereby incorporated as a section of [F. R. Doc. 43-4498; Filed, Mardi 23, 1943; been noticed for hearing at Terre Haute, Supplementary Section 14, which con­ 4:16 p. m.] Indiana, on April 20, 1942, and after tains modifications of maximum prices hearing the testimony and taking the established by § 1499.2. * Copies may be obtained from the Office of evidence introduced thereat, the Trial (e) This Order No. 218 (§ 1499.1818) Price Administration. Examiner having continued said hearing shall become effective on March 24,1943. *8 F.R. 2193. to a date to be fixed by subsequent order 3674 FEDERAL REGISTER, Thursday, March 25, 1943 of the Director, for the purpose of tak­ Said code member having filed with section 4 n (j) of the Act authorizing it ing the testimony of Heston Rumple, the Division on July 20, 1942, its answer to adjust complaints and to compose the one of the copartners above-named; and to the complaint herein in which it al­ differences of the parties thereto and By order issued June 20, 1942, the leges that the transactions referred to in upon the application of the Code mem­ hearing in the above-entitled matter the complaint were consummated pur­ ber for disposition hereof without for­ having been directed to be resumed on suant to written contracts entered into mal hearing and Upon evidence in the July 29, 1942, at Terre Haute, Indiana; between it and the Weirton Steel Com­ possession of the Division; and pany made and entered into prior to . It is hereby found, That: Service of the subpoena duce tecum June 16, 1933, as extended, which The West Virginia-Pittsburgh Coal issued by the Acting Director on July were exempt from the price provisions Company, a corporation, filed with the 24, 1942, directing said Heston Rumple of the Act and from the effective mini­ Division its acceptance of code member­ to appear at such resumed hearing on mum prices pursuant to Section 4 H (e) ship dated June 18, 1937, which became July 29, 1942, not having been effected, of the act; and effective as of that date, and said cor­ and said Heston Rumple having failed to Said code member having filed with poration ever since has been and now is appear at such resumed hearing and the Division on July 30,1942, an applica­ a code member engaged in the business said hearing having been again con­ tion dated July 30, 1942 (the “applica­ of mining and producing bituminous tinued by the Trial Examiner to a date tion”), for the disposition of this pro­ coal at its Gilchrist and Locust Grove to be fixed by subsequent Order of the ceeding without formal hearing, pur­ Mines, Mine Index Nos. 12 and 15, re­ Director; and suant to § 301.132 of the Rules of Prac­ spectively, located in Brooke County, The Director deeming it inadvisable to tice and Procedure before the Division; West Virginia, District No. 6. permit any further delay in the final dis­ and The alleged contract between West position of the above-entitled matter; Notice dated October 27, 1942, of the Virginia-Pittsburgh Coal Company and Now, therefore, it is ordered, That the filing of the application having been pub­ the Weirton Steel Company entered into hearing in the above-entitled matter be lished in the F ederal R egister on Octo­ prior to June 16, 1933, as extended, did and it hereby is closed and the Trial ber 28, 1942, pursuant to said § 301.132, not exempt the transactions referred to Examiner is hereby directed to proceed and copies of said notice having been in the complaint and hereinafter re­ with the preparation of his proposed duly mailed to interested parties, includ­ ferred to from the effective minimum findings of fact and conclusions of law ing the complainant herein; and said prices. and recomendations thereon. notice having provided that interested The West Virginia-Pittsburgh Coal Dated; March 23, 1943. parties desiring to do so might within Company sold and delivered to the [ seal] D an H. W heeler, fifteen (15) days from the date thereof Weirton Steel Company coal produced * Director. file recommendations or requests for in­ at its above mines during the period formal conferences in respect to the ap­ October 1, 1940, to March 31, 1941, both [F. R. Doc. 43-4515; Filed, March 24, 1943; plication, and no such recommendations dates inclusive, at prices below the ef­ 11:15 a. m.] or requests having been filed with the fective minimum prices therefor, in wil­ Division; and ful violation of the Act and regulations It appearing from the application that thereunder, as follows: [Docket No. B-282] thè applicant admits, for the purpose of W est V irg inia-P ittsburgh C oal the application only, - Sales Effective Co m pany (a) Committing thé violations as al­ Tons Size price minimum leged in paragraph 4 of the complaint price ORDER GRANTING APPLICATION herein by selling for rail shipment ap­ proximately 4,935 tons of VA" lump coal 8,239...... IH" lump___... $1.90 $2.05 Order granting application filed pur­ 7,622.10...... 1.90 2.05 suant to § 301.132 of the Rules of Prac­ produced at the above-named mines to 9,976.15...... H" slack...... 90 1.65 tice and Procedure before the Division the Weirton Steel Company during the for disposition of proceeding without month of March 1941 at a price of $1.90 formal hearing, revoking and cancelling per net ton, f. o. b. said mines, whereas Now therefore on the basis of the above code membership and cancelling hear­ the effective minimum price for such coal findings and said admissions and con­ ing. was $2.05 per net ton, f. o. b. said mines, sent of the West Virginia-Pittsburgh A complaint dated June 6, 1942, pur­ and the violations as alleged in para­ Coal Company, as contained in its appli­ suant to the provisions of sections 4 n graph 2 (a) of the complaint herein to cation filed pursuant to Section 301.132 (j) and 5 (b) of the Bituminous Coal the extent of approximately 68.12 tons of the Rules of Practice and Procedure Act of 1937 (the “Act”), having been of %" lump coal sold to the Weirton before the Division, and the authority duly filed on June 6, 1942, by the Bi­ Steel Company during the month of vested in the Division as aforesaid; tuminous Coal Producers Board for Dis­ February 1941 at a price of $1.90 per net It is ordered, That the application be trict No. 6 (the “complainant”) alleging ton, f. o. b. said mines, upon the basis of and the same hereby is granted; that the West Virginia-Pittsburgh Coal which it consents to the entry of an order It is further ordered, That pursuant to Company, a code member (the “appli­ revoking its membership in the Code and section 5 (b) of the act, the code mem­ cant”) operating the Gilchrist and Lo­ requiring the payment of the sum of four bership of the West Virginia-PittsbUrgh cust Grove Mines, Mine Index Nos. 12 thousand dollars ($4,000) to the United Coal Company be and the same hereby is and 15, respectively, located in Brooke States as a condition precedent to the revoked and cancelled, said revocation County, West Virginia, District No. 6, restoration of said code membership; and cancellation to be effective fifteen wilfully violated the provisions of the (b) Committing, in addition to the (15) days from the date hereof; Act, the Bituminous Coal Code (the ■violations referred to in (a) hereof, the It is further ordered, That prior to the “code”), and rules and regulations pro­ additional violations as alleged in the restoration of the West Virginia-Pitts­ mulgated thereunder by the Bituminous complaint, upon the basis of which it burgh Coal Company to membership in Coal Division (the “Division”) and the consents to the entry of a cease and the Code, there shall be paid to the Schedule of Effective Minimum Prices desist order which shall be effective upon United States a tax in the amount of for District No. 6 For All Shipments any restoration of code membership; four thousand dollars ($4,000), as pro­ Except Truck, as inore fully set forth and vided in section 5 (c) of the Act and in the complaint; and It further appearing from the appli­ that upon the payment of said tax and The complaint herein and notice of cation that the Applicant, to the best prompt application for restoration of and order for hearing issued June 24, of its knowledge and belief, has not said code membership, the same shall be 1942, having been duly served on the committed any violations of the act, the restored as of the date of payment of code member on June 30, 1942, and the Code, or rules and regulations there­ said tax; hearing herein noticed for August 4, under, other than those involved in It is further ordered, That upon any 1942, having been postponed by order shipments to Weirton Steel Company restoration of the West Virginia-Pitts­ issued July 31, 1942, to a time and place prior to April 1, 1941. burgh Coal Company to code member­ to be thereafter designated by an ap­ Now therefore pursuant to the au­ ship, said company, its representatives, propriate order; and thority vested in the Division by said servants, agents, officers, employees, at- FEDERAL REGISTER, Thursday, March 25, 1943 3675 torneys, receivers, successors, and as­ (b) Section 4 II (a) of the Act and Notice is hereby given that special signs, and any and all persons acting or the corresponding section of the Bitu­ certificates authorizing the employment claiming to act in its behalf or interest, minous Coal Code1 and Order No. 312 of learners at hourly wages lower than shall cease and desist, and they are of the Division, dated February 24, 1941, the minimum wage rate applicable un­ hereby permanently enjoined and re­ by falsely reporting to the Division on der section 6 of the Act are issued under strained, from violating the Bituminous Form 225-S that the selling price of the section 14 thereof, Part 522 of the Regu­ Coal Act, the Bituminous Coal Code, and 2" x 0 coal so said to Straitsville Brick lations issued thereunder (August 16, rules and regulations issued thereunder, Company from April 1,1941 through May 1940, 5 F.R. 2862), and as amended June including, but not in limitation hereof, 31, 1941, was $1.55 per net ton f. o. b. 25, 1942, 7 F.R. 4725), and the determi­ the making of further sales pursuant to the mine, whereas the selling price was nation and order or regulation listed be­ the above alleged contracts between West in fact 75 cents per net ton f. o. b. the low and published in the F ederal R egis­ Virginia-Pittsburgh Coal Company and mine. ter as here stated. the Weirton Steel Company, as extended The Examiner recommended that the Apparel Learner Regulations, September 7, or otherwise, at less than the effective code membership of William Dishon, 1940 (5 F R . 3591), as amended by Adm in­ minimum prices established for such Benjamin Dishon, and Stanley Dishon, istrative Order March 13, 1943 (8 F R . 3079). coal; individually and as copartners doing Single Pants, Shirts and Allied Garments, It is further ordered, That upon any business as Sure Fire Coal Company be Women’s Apparel, Sportswear, Rainwear, failure to comply with the restraining cancelled and revoked. Robes and Leather and Sheep-Lined Gar­ provisions of this order, the Division may Opportunity was afforded to all parties ments Divisions of the Apparel Industry, apply to any Circuit Court of Appeals of to file exceptions to the Examiner’s Re­ Learner R egulations, July 20, 1942 (7 F.R. the United States, having jurisdiction, port. No exceptions have been filed. 4724), as amended by Administrative Order for the enforcement thereof, or take March 13, 1943 (8 F.R. 3079). I have considered the Report of the Artificial Flowers and Feathers Learner Reg­ other appropriate action; Examiner and I find that it adequately ulations, October 24, 1940 (5 F.R. 4203). It is further ordered, That the afore­ and accurately reflects the evidence dis­ Glove Findings and Determination of Feb­ said hearing heretofore postponed by closed in the record. Upon the basis of ruary 20, 1940, as amended by Administrative order dated July 31, 1942, to a time and the proposed findings of fact, proposed Order September 20, 1940 (5 F.R. 3748), and place to be thereafter designated by ap­ conclusions of law and recommendation as further amended by Administrative Order, propriate order be and the same hereby set forth in the Report and upon the en­ March 13, 1943 (8 F.R. 3079). is cancelled. tire record in this proceeding; Hosiery Learner Regulations, September 4, Dated: March 22, 1943. It is hereby ordered, That the pro­ 1940 (5 F.R. 3530), as amen'ded by Adminis­ trative Order, March 13, 1943 (8 F.R. 3079). [ seal] D an H . W heeler, posed findings of, fact and the proposed Independent Telephone Learner Regula­ Director. conclusions of law of the Examiner are tions, September 27, 1940 (5 F.R. 3829). approved and adopted as the findings Knitted Wear Learner Regulations, Octo­ [P. R. Doc. 43-4514; Piled, March 24, 1943; of fact and conclusions of law of the ber 10, 1940 (5 F.R. 3982), as amended by 11:15 a. m.] Director; Adm inistrative Order, March 13, 1943 (8 F.R. It is further ordered, That the code 3079). membership of William Dishon, Benja- Millinery Learner Regulations, Custom Made and Popular Priced, August 29, 1940 [Docket No. B-283] man Dishon, and Stanley Dishon, indi­ vidually and as Copartners, doing busi­ (5 F.R. 3392, 3393). Textile Learner Regulations, May 16, 1941 S ure F ire C oal Co m pany ness as Sure Fire Coal Company, operat­ (6 F.R. 2446), as amended by Administrative ing the Dishon Mine (Mine Index No. Order, March 13, 1943 (8 F.R. 3079). MEMORANDUM OPINION AND ORDER REVOKING 2076), in New Straitsville, Perry County, Woolen Learner Regulations, October 30, CODE MEMBERSHIP Ohio, District No. 4, is hereby cancelled 1940 (5 F.R. 4302). and revoked; Notice of Amended Order for the Employ­ In the matter of William Dishon, Ben­ It is further ordered, That prior to the ment of Learners in the Cigar Manufacturing jamin Dishon, and Stanley Dishon, in­ Industry, July 20, 1941 (6 F.R. 3753). dividually and as copartners, doing restoration of code membership of all business as Sure Fire Coal Company, or any of the above-named persons, The employment of learners under Code Members. there shall be paid to the United States these certificates is limited to the terms a tax in the amount of $122.27, as pro­ and conditions as to the occupations, On October 7, 1942, after notice and vided in Section 5 (c) of the Act. “hearing, Charles S. Mitchell, a duly Dated: March 23, 1943. learning periods, minimum wage rates, designated Examiner of the Division, et cetera, specified in the determination submitted a report in which he found [ seal] D an H . W heeler, and order or regulation for the industry Director. that code members William Dishon, Ben­ designated above and indicated opposite jamin Dishon, and Stanley Dishon, in­ [F. R. Doc. 43-4517; Filed, March 24, 1943; the employer’s name. These certificates dividually and as copartners, doing busi­ 11:15 a. m.] ness as Sure Fire Coal Company, operat­ become effective March 25, 1943. The ing the Dishon Mine (Mine Index No. certificates may be cancelled in the man­ 2076), in New Straitsville, Perry County, ner provided in the regulations and as Ohio, in District No. 4, willfully violated: DEPARTMENT OF LABOR. indicated in the certificates. Any person (a) Section 4 II (e) of the Bituminous aggrieved by the issuance of any of these Coal Act of 1937, by giving or donating Wage and Hour Division. certificates may seek a review or recon­ sideration thereof. to Straitsville Brick Company, New L earner E m plo ym ent C ertificates Straitsville, Ohio, during the month of Name and Address op F ir m , I ndustry, P rod­ ISSUANCE TO VARIOUS INDUSTRIES February 1941, five tons of 2" x 0 coal uct, Number of Learners and Expiration produced at the Dishon Mine, whereas Notice of issuance of special certifi­ Date the effective minimum price for such cates for the employment of learners un­ Single Pants, Shirts and Allied Gar­ coal was $1.65 per ton f. o. b. the mine, der the Fair Labor Standards Act of 1938. ments, Women’s Apparel, Sportswear, and by selling to the Straitsville Brick Rainwear, Robes and Leather and 1It would seem that section 4 n (a) of the Company, during the period April 1, Act empowers the Division to require the Sheep-Lined Garments Divisions of 1941 through May 31, 1941, 185 tons of maintenance and filing of certain data and the Apparel Industry 2" x 0 coal produced at the Dishon Mine, does not, without Division action, prescribe Barbara Jean Sportswear, 860 South at 75 cents per net ton f. o. b. the mine, a rule of conduct. Accordingly, it might more accurately have been alleged that code Los Angeles Street, Los Angeles, Cali­ whereas the applicable minimum price members violated the requirements of Order fornia; Children’s sportswear, defense for such coal was $1.65 per ton f. o. b. No. 312 promulgated pursuant to section garments; 5 learners (T ); March 25, the mine; and 4 n (a) of the Act. 1944. 3676 FEDERAL REGISTER, Thursday, March. 25, 1943 Franklin Manufacturing Company, 175 The Commission orders that: inson-Patman Act, approved June 19, Lincoln Street, Manchester, New Hamp­ 1936, hereby issues its complaint against The hearing in the above matter here­ the said respondent, stating its charges shire; Women's and misses’ house tofore set for April 7, 1943, be and the dresses; 10 learners (T ); March 25, as follows: same hereby is postponed pending fur­ Count I 1944. ther order of the Commission. LaCrosse Garment Manufacturing By the Commission. m P aragraph 1. Respondent, Automatic Company, 225 South 6th Street, La­ Canteen Company,of America, is a cor­ crosse, Wisconsin; Army insect bars, [ seal] L eo n M . F uquay, Secretary. poration organized and existing by vir­ Army bush shirts; 80 learners (E); Sep­ tue of the laws of the State of Delaware, tember 25, 1943. [F. R. Doc. 43-4509; Filed, March 24, 1943; with its principal office and place of busi­ Marshall Frock Company, 1007 Mar­ 9:46 a. m.] ness located at 222 West North Bank ket Street, Philadelphia, Pennsylvania; Street, Chicago, Illinois. Ladies’ cotton dresses; 5 learners (T ); P ar. 2. Respondent is now and for March 25, 1944. many years last past has been engaged Modern Dress Company, 1427 Vine FEDERAL TRADE COMMISSION. in the business of leasing and licensing Street, Philadelphia, Pennsylvania; [Docket No. 4828] automatic vending machines used in the Ladies’ blouses; 5 learners (T ); March dispensing of candy bars, chewing gum 25, 1944. F ratelli B ranca & Com pany, In c . and nuts, hereinafter referred to as con­ New England Sports Wear Company, fection and nut products. Respondent 3-9 Foster Street, Peabody, Massa­ ORDER APPOINTING TRIAL EXAMINER AND FIX­ is likewise engaged in the sale and dis­ chusetts; Suede leather and capeskin ING TIME AND PLACE FOR TAKING TESTI­ tribution to lessees or licensees of said jackets; 8 learners (T ); March 25, 1944. MONY automatic vending machine of the con­ Reliance Manufacturing Company, At a regular session of the Federal fection and nut products vended in said Mitchell, Indiana; U. S. Navy cotton machines, which products respondent shirts, children’s playsuits, shortie pants; Trade Commission, held at its office in the City of Washington, D. C., on the purchases from various manufacturers 50 learners (E); September 25, 1943. and sells to said lessees in a manner and The Reliance Manufacturing Co., 23d day of March, A. D. 1943. under terms and conditions hereinafter 1101 12th St., Bedford, Indiana; Navy This matter being at issue and ready described. In connection with the leas­ white trousers,*»50 learners (E); Septem­ for the taking of testimony, and pur­ ing and licensing of automatic vending ber 25, 1943. suant to authority vested in the Federal machines, and in connection with the Sunnyvale, Incorporated, 614 Wyom­ Trade Commission, under an Act of Con­ sale and distribution of confection and ing Avenue, Scranton, Pennsylvania; gress (38 Stat. 717; 15 USCA, section 41), nut products to the lessees thereof, re­ House dresses; 32 learner (E); Septem­ It is ordered, That W. W. Sheppard, a spondent has caused, and still causes, ber 25,1943. trial examiner of this Commission, be said vending machines when leased or Ted’s Sportswear, 121 North 7th and he hereby is designated and ap­ licensed and the said confection and nut Street, Philadelphia, Pennsylvania; La­ pointed to take testimony and receive products when sold to be transported dies’ cotton dresses; 3 learners (T); evidence in this proceeding and to per­ from its principal place of business lo­ March 25, 1944. form all other duties authorized by law; cated in the State of Illinois to the Weil-Kalter Mfg. Company, Millstadt, It is further ordered, That the taking lessees, licènsees and vendees thereof Illinois; Woven underwear, mattress of testimony in this proceeding begin on located in various points in the several covers; 10 percent (T); March 25, 1944. Monday, April 12, 1943, at ten o’clock in states of the United States other than the forenoon of that day (Eastern Stand­ the State of Illinois, and in the District Cigar Industry ard Time), in Room 500, 45 Broadway, of Columbia, and said respondent now is General Cigar Company, Inc., 154 W. New York, New York. and has been for more than five years Church St., Nanticoke, Penn.; Cigars; 63 Upon completion of testimony for the last past constantly engaged in com­ learners (E); 56 Cigar machine oper­ Federal Trade Commission, the trial ex­ merce in said vending machines and said ators for a learning period of 320 hours, aminer is directed to proceed immedi­ confection and nut products between and 7 Cigar packers for a learning period ately to take testimony and evidence on and among the various states of the of 240 hours at 75% of applicable min­ behalf of the respondent. The trial ex­ United States, the territories thereof, imum wage until August 7, 1943. aminer will then close the case and make and the District of Columbia. Signed at New York, N. Y., this 23rd his report upon the evidence. P ar. 3: In the course and conduct of day of March, 1943. By the Commission. its said business in commerce, as afore­ M erle D. V in c e n t , [seal] O t is B. J o h n so n , said, said respondent is, and has been Authorized Representative Secretary. for many years last past, in competition of the Administrator. [F. R. Doc. 43-4512; Filed, March 24, 1943; with individuals, partnerships and cor­ 11:18 a. m.] porations engaged in the manufacture, {F. R. Doc. 43-4511; Filed, March 24, 1943; leasing, licensing and vending of auto­ 10:56 a. m.] matic vending machines and with other individuals, partnerships, and corpora­ [Docket No. 4933] tions who have been and are engaged in the manufacture, sale and distribu­ FEDERAL POWER COMMISSION. A utomatic C anteen C om pany of A merica tion of confection and nut products, [Docket No. G-115] COMPLAINT AND NOTICE OF HEARING most) if not all, of which latter compet­ The Federal Trade Commission, having itors manufacture and/or sell and dis­ T he E ast O h io G as Co m pany reason to believe that the party respond­ tribute confection and- nut products suitable for use in respondent’s vending ORDER POSTPONING HEARING ent named in the caption hereof, and hereinafter more particularly designated machines. Respondent would have M arch 23,1943. and described, since June 19, 1936, has been, and would now bejn more active It appearing to the Commission that: violated and is now violating the pro­ and substantial competition with both Good cause has been shown for the visions of section 3 and of subsection (f ) said competing vending machine manu­ postponement of the hearing in the of section 2 of the Clayton Act (U. S. C. facturers, lessors and venors and with above-entitled matter; title 15, sec. 13), as amended by the Rob­ said competing manufacturers and/or FEDERAL REGISTER, Thursday, March 25, 1943 3677

sellers and distributors of confection ent as an exclusive franchise for the spondent, upon the breach of any of the and nut products suitable for use in period of the lease. The approximate conditions aforesaid, shall not own,' lease vending machines but for the restrictive life and usefulness of respondent’s vend­ or deal in any automatic vending ma­ conditions of respondent’s contracts of ing machines, due to wear, deterioration chines of any kind or character, or sell license, lease and sale as hereinafter and obsolescence,, is approximately eight any merchandise of any kind or char­ more particularly set forth. years or less than one-half of the term acter by means of any automatic vend­ Respondent does not manufacture its of the leases covering said vending ma­ ing machines within the franchise terri­ own automatic vending machines but chines of respondent. Pursuant to ar­ tory of such lessees or licensees for a has said machines manufactured for it rangements made by respondent or its period of five years after said termina­ by other companies in accordance with said lessees, respondent's vending ma­ tion of said leases. specifications furnished by respondent. chines are located in industrial plants, P ar. 5. The effect of said leases or li­ Respondent was organized in 1931, has service stations, garages and terminals, censes on the said conditions, agree­ enjoyed rapid growth and is now and approximately 95 per cent of such vend­ ments or understandings set forth in has been for more than five years l&st ing machines being in industrial plants. paragraph 4 hereof may be to substan­ past one of the largest concerns engaged The lessees are required by respondent tially lessen competition or tend to in the business aforesaid. Respondent to pay to the owners of the locations a create a monopoly in either or both of now has outstanding in numerous loca­ commisison of 10 per cent on all sales two lines of commerce, to-wit: (1) the tions in 31 states of the United States, made through said machines and in ad­ leasing, licensing or selling of automatic and under lease agreements hereinafter dition the lessees are sometimes required vending machines between and among described, executed by and between re­ to pay an additional monetary consid­ the several states of the United States spondent and some 140 lessees, numerous eration to the owners of choice locations. and in the District of Columbia; and (2) vending machines as follows: 88,856 Respondent maintains certain super­ the sale of confections and nut products selective candy machines, 27,735 stand­ vision over its lessees by provisions in suitable for use in automatic vending ard gum machines, 37,487 selective nut the lease agreement that said lessees machines between and among the vari­ machines, 50,976 selective gum machines, shall follow standard practices of re­ ous states of the United States and in and an unknown but large number of spondent with respect to methods em­ the District of Columbia. standard candy machines and standard ployed in obtaining machine locations, P ar. 6. The aforesaid acts, practices nut machines. That by reason of the in maintaining, reconditioning and serv­ and methods of respondent constitute a rapid growth of respondent’s business, icing the machines, and in accounting violation of the provisions of section 3 as aforesaid, and by reason of the nu­ and bookkeeping procedure, but said of the hereinabove-mentioned Act of merous machines outstanding under lease agreements expressly provide that Congress entitled “An Act to supplement lease as aforesaid, respondent is*a domi­ the lessees are independent contractors existing laws against unlawful restraints nant factor in the business of leasing and are in no sense the agents or repre­ and monopolies, and for other purposes”, and licensing vending machines; how­ sentatives of the respondent. approved October 15,1914 (Clayton Act). ever, such business of respondent is inci­ P ar. 4. The respondent, in the course dental to its business of selling and dis­ and conduct of its business hereinbefore Count II tributing confection and nut products described in paragraphs 1, 2, and 3, has P aragraphs 1 to 3, in c l u siv e : As para­ to the lessees of said vending machines. leased and licensed, and is now leasing graphs 1 to 3, inclusive, of Count II of The candy vending machines of respond­ and licensing, its automatic vending ma­ this complaint, the Commission hereby ent vend in excess of 200,000,000 candy chines for use in the several states and incorporates paragraphs 1 to 3, inclusive, bars annually. The nut vending ma­ territories of the United States and in of Count I hereof to precisely the same chines of respondent vend in excess of the District of Columbia on the condi­ extent as if each and all of them were 5,000,000 pounds of nuts annually. Re­ tion, agreement or understanding that set forth in full and repeated verbatim spondent annually purchases from one the lessees or licensees thereof will not in this count. supplier alone for resale to its gum use the said automatic vending ma­ P ar. 4. Respondent in the course and machines lessees approximately 1,850,000 chines to vend any confections, nut conduct of its business more particularly boxes (100 sticks to a box) of chewing products or merchandise other than described in paragraphs 1,2 and 3 hereof, gum. Respondent has leased and now those purchased from respondent; and as a result of the restrictive covenants leases its vending machines to its said on the further condition, agreement or contained in its automatic vending ma­ lessees for specified nominal rentals; the understanding that the lessees or li­ chine leases, more particularly described rental charge on the selective candy ma­ censees thereof, during the period of said in Count I hereof, is one of the largest chines varies from 25 cents to 37 cents leases, will not acquire, hold, use, oper­ distributors of confection and nut prod­ per machine per period and the year is ate, lease or otherwise deal with any ucts to automatic vending machine oper­ divided into thirteen periods. The lease automatic vending machines other than ators in the United States, and in con­ terms of some types of respondent’s those of respondent; and on the further sequence is an important outlet to gum machines are as low as four cents condition, agreement or understanding manufacturers of such confection and per period. Respondent derives little or that if the lessees or licensees thereof nut products who wish extensive dis­ no profit from the leasing of its vending fail to comply with the aforesaid condi­ tribution of said products throughout machines, its principal source of profit tions during a period of fifteen days after the United States. being derived from the sale of confection written notice from respondent, all Respondent in the course and conduct and nut products to the lessees of its rights of said lessees or licensees shall of its business, now and since June, 1936, machines at terms provided for in said terminate, including the right to the use has been in substantial competition with lease or at terms as later modified during and possession of such automatic vend­ 6ther corporations, individuals, partner­ the period of the lease by mutual agree­ ing machines which may be thereafter ships and firms similarly engaged in the ment. The leases entered into by re­ immediately repossessed by respondent business of buying, selling and distribut­ spondent and its various lessees covering and removed by respondent from their ing confection and nut products, except said vending machines run for a fixed respective sales locations or from the in so far as such competition has been term of eighteen years without any right premises of said lessees or licensees; and affected by the practices which are the to terminate given to the lessees there­ on the further condition, agreement or subject of this Count. Respondent in its under and provide that the lessees may understanding that the lessees or li­ business of leasing automatic vending use such machines only in a certain censees thereof, upon the termination of machines, of securing additional loca­ designated territory allotted by respond­ said leases by lapse of time or by re­ tions for the lessees of said machines, of 3678 FEDERAL REGISTER, Thursday, March 25, 1943 increasing the number of its said ma­ in commerce for use, consumption and in the afternoon, is hereby fixed as the chines outstanding under lease, and of resale within the United States by charg­ time, and the offices of the Federal Trade supplying the lessees thereof with con­ ing said competitors of respondent Commission in the City of Washington, fection and nut products for use therein, higher prices than those charged re­ D. C., as the place, when and where a is in active competition with jobbers of spondent. Said discriminations in prices hearing will be had on the charges set candy who supply the retail candy trade which favor respondent are not uniform forth in this complaint, at which time and also with the retail customers of on each confection and nut product sold and place you will have the right, under such jobbers. or from each seller. Respondent pays said Act, to appear and show cause why P ar. 5. Respondent and its competitors such sellers from approximately 10 per an order should not be entered by said buy confection and nut products from a cent to approximately 25 per cent less for Commission requires you to cease and large number of manufacturers, jobbers said confections and nut products of desist from the violations of the law and distributors located in the various like grade and quality than respondent’s charged in the complaint. states of the United States (hereinafter competitors pay said sellers, depending You are notified and required, on or called sellers), representative of whom upon the confection and nut product and before the twentieth day after service are the following: the sellers, or either of them. upon you of this complaint, to file with The Curtiss Candy Company, Chicago, HI.; P ar. 7. The effect of said discrimina­ the Commission an answer to the com­ Walter H. Johnson Candy Company, Chi­ tions in prices as set forth in paragraph plaint. If answer is filed and if your cago, 111.; WiUiamson Candy Company, Chi­ 6 hereof may be substantially to lessen appearance at the place and on the date cago, 111.; Bunte Brothers, Chicago, 111.; D. L. competition between respondent and above stated be not required, due notice Clarke Company, Pittsburgh, Pa.; Luden’s competing jobbers likewise engaged in to the effect will be given you. The Rules lnc. , Beading, Pa.; Nelster Candy Company, the sale of candy either to vending ma­ of Practice adopted by the Commission Cambridge, Wis.; Switzer’s Candy Company, chine companies or to retailers engaged with respect to answers or failure to ap­ St. Louis, Mo.; Sperry Candy Company, Mil­ waukee, Wis.; Queen Anne Candy Company, in the sale and distribution of confection pear or answer (Rule IX) provide as Hammond, Ind.; Trudeau Candles, Inc., St. and nut products; to tend to create a follows: Paul, Minn.; Wayne Candies, Inc., Ft. Wayne, monopoly in respondent in the lines of In case of desire to contest the proceeding lnd. ; Chase Candy Company, St. Joseph, Mo.; commerce in which respondent and its the respondent shall, within twenty (20) Wm. Wrigley, Jr., Company, Chicago, 111. competitors are engaged; and to in­ days from the service of the complaint, file Each of said sellers sell and distribute jure, destroy or prevent competition with with the Commission an answer to the respondent in the resale of such confec­ complaint. Such answer shall contain a confection or nut products in commerce concise statement of the facts which con­ between and among the various states tion and nut products of like grade and stitute the ground of defense. Respondent of the United States and the District of quality puurchased from said sellers; and shall specifically admit or deny or explain Columbia causing said confection or nut to injure, destroy, or prevent competition each of the facts alleged in the complaint, products to be shipped and transported with the sellers granting said discrim­ unless respondent is without knowledge, in from their .respective places of business inations in prices to respondent. which case respondent shaU so state. in the various states of the United States P ar. 8. Respondent receives informa­ ***** to respondent at its principal place of tion as to the regular prices paid by its Failure of the respondent to file answer business in Chicago, Illinois, where re­ competitors to said sellers for said con­ within the time above provided and failure spondent takes possession of all of its fection and nut products, refuses to pur­ to appear at the time and place fixed for said purchases, to competitors of re­ chase said confection and nut products hearing shall be deemed to authorize the from said sellers unless it is granted Commission, without further notice to re­ spondent, and to said competitors’ cus­ spondent, to proceed In regular course on tomers located in the various states of prices lower than paid by its competitors, the charges set forth in the complaint. the United States and in the District of and accepts and receives such lower If respondent desires to waive hearing on Columbia. That the sellers located in prices on said confection and nut prod­ the allegations of fact set forth in the com­ Chicago, Illinois, make deliveries to re­ ucts and thereby and while engaged in plaint and not to contest the facts, the spondent with the knowledge that a sub­ commerce and in the course of such com­ answer may consist of a statement that re­ stantial portion of respondent’s pur­ merce as alleged in Paragraph Five spondent admits all the material allegations hereof, is now and has been since June of fact charged in the complaint to be true. chases is intended for the use of the Respondent by such answer shall be deemed lessees of the respondent’s automatic 19, 1936, knowingly inducing and receiv­ to have waived a hearing on the allegations vending maQhines located in the various ing the discriminations in price alleged of fact set forth in said complaint and to states of the United States other than in Paragraph Six hereof. have authorized the Commission, without the State of Illinois. P ar. 9. The foregoing alleged acts of further evidence, or other intervening pro­ Respondent and respondent’s compet­ said respondent are in violation of sec­ cedure, to find such facts to be true. tion 2 (f) of said Act of Congress ap­ Contemporaneously with the filing of such itors resell and distribute said confec­ answer the respondent may give notice in tion and nut products in commerce be­ proved June 19, 1936, entitled “An Act writing that he desires to be heard on the tween and among the various states of to amend section 2 of the Act entitled question as to whether the admitted facts the United States and the District of ‘An Act to supplement existing laws constitute the violation of law charged in Columbia, causing said confection and against unlawful restraints and monopo­ the complaint. Pursuant to such notice, the nut products to be shipped and trans­ lies and other purposes’ approved Octo­ respondent may file a brief, directed solely to ported from their respective places of ber 15, 1914, as amended (U. S. C. Title that question, in accordance with Rule XXIII. business in the various states of the 15, sec. 13) and for other purposes.” In witness whereof, the Federal Trade United States to their respective cus­ Wherefore, the premises considered Commission has caused this, its cSm- tomers located in the various states 6f the Federal Trade Commission on this plaint, to be signed by its Secretary, and the United States and the District of its official seal to be hereto affixed, at Columbia. 19th day of March, A. D., 1943, issues its complaint against said respondent. Washington, D. C., this 19th day of P ar. 6. In the course and conduct of March, A. D. 1943. their respective businesses as above de­ NOTICE By the Commission. scribed said sellers have been and are Notice is hereby given you, Automatic [ seal] O t is B. J o h n so n , now being induced by respondent to Secretary. discriminate in price between different Canteen Company of America, a cor­ purchasers buying said confection and poration, respondent herein, that the [F. R. Doc. 43-4513; Filed, March 24, 1943; nut products of like grade and quality 23d day of April, A. D. 1943, at 2 o’clock 11:18 a. m.] FEDERAL REGISTER, Thursday, March 25, 1943 3679

OFFICE OF ALIEN PROPERTY CUS- Custodian. Nothing herein contained the meanings prescribed in section 10 of TODIAN. shall be deemed to constitute an admis­ said Executive Order. sion of the existence, validity or right to Executed at Washington, D. C., on [Vesting Order 473] allowance of any such claim. December 10, 1942. Certain Copyrights and Claim s op The terms “national” and “designated [ seal] L eo T. C ro w ley, C opyright enemy country” as used herein shall have Alien Property Custodian. Under the authority of the Trading E xhibit a with the Enemy Act, as amended, and Name and last known Copyright Nos. Nature of Titles of works Name and nation­ Executive Order No. 9095, as amended, works addresses of copy­ ality of authors and pursuant to law, the undersigned, right owners after investigation, finding that the property hereinafter described is prop­ A. For. 25999...... Book w ith Liber usualis et officii pro domin­ Descleo et Cie, Paris, Benedictine Monks music. ions et festiscum Cantu greg­ Fiance. of Solesmes of Bel­ erty payable or held with respect to copy­ oriano. (No. 780c.) gium. rights, or rights related thereto, in which E. For. 38283...... Book w ith Liber usualis missae et officii; Desclee et Cie, Tour­ Benedictine Monks music. pro dominicis signis in subsi- nai, Belgium. of Solesmes of Bel­ interests are held by, and such property dium cantorum a Solesmensi- gium. constitutes interests held therein by, na­ bus monachis. (No. 780.) E. For. 37536..... Book w ith Liber usualis; with introduction Desclee et Oie, Tour­ Benedictine Monks tionals of foreign countries, and having music. and rubrics in English. (No. nai, Belgium. of Solesmes of Bel­ made all determinations and taken all 801.) gium. action, after appropriate consultation A. For. 26000...... Book w ith Paroissien romain contenant la Desclee et Cie, Paris, Benedictine Monks music. messe et l’office pour les di­ France. of Solesmes of Bel­ and certification, required by said Ex­ manches et les fetes. Chant gium. ecutive Order or Act or otherwise, and grégorien. (No. 800c.) A. For. 20057...... Book with Paroissien romain contenant la Desclee et Cie, Paris, Benedictine Monks deeming it necessary in the national in­ music. messe et les vepres des di­ France. of Solesmes of Bel­ manches et principales fetes. gium. terest, hereby vests such property in the (Edition avec signes ryth­ Alien Property Custodian, to be held, miques.) (No. 904.) E. For. 52749...... Book with Paroissien romain pour les di­ Desclee et Cie, Tour­ Benedictine Monks used, administered, liquidated, sold or music. manches et principales fetes. nai, Belgium. of Solesmes of Bel­ otherwise dealt with in the interest of (No. 904c.) gium. E. For. 4122...... Bolero...... Durand & Co., Paris, M. Ravel of France. and for the benefit of the United States; France. such property being described as follows: C. 5712 ______Requiem. Reduction pour piano J. Hamelle, Paris, Gabriel Faure of et chant par Roger Ducasse. France. France. (a) All right, title and interest, arising un­ E. 572057 .... Bagatelles.______.... Heugel et Cie, Paris, Alexander Tcherep- der the laws of the United States, of every France. nine. Arranger T. kind or nature whatsoever, of the owners and Philipp, Compos­ er of France. claimants thereof in, to and under each of D. 26451...... Miisie Cydalise et Le Chevrepied__ Heugel et Cie, Paris, Gabriel Pierne of the copyrights described in Exhibits A and B France. France. attached hereto and made a part hereof, and E. For. 19863...... Piano solo___ Pastorale______Heugel et Cie, Paris, Francis Pouleno of the claims of copyrights described in Exhibit France. France.- E. For. 19864...... Piano solo__ Toccata______... Heugel et Cie, Paris, Francis Poulenc of C attached hereto and made a part hereof, France. France. including but not limited to all accrued roy­ E. 485894...... For organ___ Esquisses Byzantines..’_____! Alphonse Leduc, Paris Henry Mulet of alties, all rights to receive royalties, all dam­ France. France. E. 544948...... Histoires______Alphonse Ledüc, Paris Jacques Ibert of ages and profits recoverable at law or in France. France: equity from any or all persons, firms, corpo­ E. For. 35922...... Little Nigar...... Alphonse Leduc, Paris Claude Debussy of rations or governments for past infringement France. France. thereof, and all rights of renewal subject to E. 545347______Piano solo__ Piece en Forme de Habanera.. Alphonse Leduc, Paris de Maurice Ravel France. Arranger. Danic be exercised by or through any or all of such Ericourt, Com owners and claimants designated in such poser of France. Exhibits A and C. E. 242270 _____ Piece en Forme de Habanera. Alphonse Leduc, Paris de Maurice Ravel ■(b) All right, title and interest, arising piano. (Low, medium and High France. Arranger. Dank voice) Ericourt, Com under the laws of the United States, of every poser of France. kind or nature whatsoever, of each and all of E. 499694...... For organ___ Romance sans Paroles______Alphonse Leduc, Par­ J. Bonnet of France the authors of the publications described in is, France. Exhibit A attached hereto and made a part E. For. 13517...... Piano solo___ Sonatine Transatlantique...... Alphonse Leduc, Par­ Alexandre Tansman is, France. of Poland. hereof in, to and under each and all of the E. 485994...... Pour grand Trois préludés et fugues______Alphonse Leduc et Marcel Dupre of copyrights described in said Exhibit A, in­ orgue. Cie, Paris, France. France. cluding but not limited to all accrued royal­ E. 242273...... Pour grand Douze pièces nouvelles, op. 7...... Emile Leduc P. Ber­ Joseph Bonnet of orgue. trand et Cie, Paris, France. ties, all rights to receive royalties, all damages France. and profits recoverable at law or in equity C. 191254...... For organ___ Variations de Concert Pour Emile Leduc, Paris, Joseph Bonnet of from Any or all persons, firms, corporations Grand Orgue. France. France. or governments for past infringement thereof, E. 526450...... Two pianos, Gracia______.______Editions Salabert, Par­ Manuel Infante of Fournands. is, France. France. and all rights of renewal subject to be exer­ E. 526436...... Two pianos, Ritmo______Editions Salabert, Manuel Infante of cised by such authors or by their widows, Four hands. Paris, France. France. children, executors or next of kin. E. 527365...... Two pianos, Sentimiento______Editions Salabert, Manuel Infante of Four hands. Paris, France. France. Such property and any or all of the E. 351506...... 12 etudes, Op. 10 édition de tra­ Maurice Senart, Paris, Alfred Cortot of vail. (Edition nationals, No. France. France. proceeds thereof shall be held in a special 5004.) account pending further determination E. 646349...... Variations sur un theme popu­ Alphonse Leduc et Albert Dupuis of laire par cor en fa—et piano. Cie, Paris, France. France. of the Alien Property Custodian. This E. 545424 10 grandes etudes nouvelles mélo­ Alphonse L e d u c , Alphonsè Maxime of diques et de virtuosité. No. la Paris, France. France. shall not be deemed to limit the powers lOrecueil. Pour le cora pistons. of the Alien Property Custodian to re­ 609563,609564 and Music ____ “Deux cents etudes nouvelles Alphonse Leduc & Oie, Alphonse Maxime of 609565. mélodiques' et progressives en 6 Paris, France. France. turn such property or the proceeds cahiers, pour cor a pistons.” thereof, or to indicate that compensation 1er cah. 70 etudes tres faciles et faciles. 2e cah. 40 etudes tres will not be paid in lieu thereof, if and faciles. 3e cah. 4Q etudes moy­ when it should be determined that such enne. E. For. 36498...... Préludé, Lied et Rondo. Cor et Henry Lemoine et Cie, Jean Clergue of return should be made or such compen­ piano. Paris, France. France; sation should be paid. E. 689852...... Music .. Improvisationen fur horn und Carl M erseb urger, Max Buttner of Ger­ Any person, except a national of a klavier. op. 30. Leipsig, Germany many. designated enemy country, asserting any E xhibit B claim arising as a result of this order Copyright Nature of may file with the Alien Property Cus­ Titles-of works Name and last known ad­ Name of authors todian a notice of his claim, together Nos. — works dresses of copyright owners with a request for a hearing thereon, on R. 43811...... Grand orgue.... Variations de concert______Joseph Bonnet, Paris, Joseph Bonnet. Form APC-1, within one year from the France. date hereof, or within such further time R. 23177...... Grand orgue.... Suite Gothique, Op. 25______Marie Louise, Jean et L. Boellmann. Jeanne Boellmann, as may be allowed by the Alien Property Paris, France. No. 59- ■3 3680 FEDERAL REGISTER, Thursday, March 25, 1943

E xhibit B—Continued [Vesting Order 678] K a l l e & Co., A. G., ET AL. Name and last known ad­ Copyright Nature of Titles of works Name of authors Nos. works dresses of copyright owners Re: Five patents and interests of Ger­ man corporations in contracts relating E . 67680. Violin. Children’s comet. Le coin Jean Deyzac, Paris, Claude Debussy. to patents. * des enfants pour lers violons. France. Under the authority of the Trading R. 38978. Music. Images. Deuxieme. En re­ Jean Deyzac, Paris, Claude Debussy, cueil. France. with the Enemy Act, as amended, and R. 67684. Piano. La Fille aux cheveux de lin. Jean Deyzac (Notaire), Claude Debussy. (12 Preludes lere livre en Paris, France. Executive Order No. 9095, as amended, recueil No. 8). and pursuant to law, the undersigned, R. 60646. Piago. La Plus que lente, valse_____ Jean Deyzac, Paris, Claude Debussy. after investigation: , France. R. 67688. Piano. Minstrels pour piano. (12 pre- Jean Deyzac (Notaire), Claude Debussy. 1. Finding that Kalle & Co., A. G. and I. G. ludes lere livre. Recueil No. Paris, France. Farbenindustrie, A. G., are corporations or­ 12.) ganized under the laws of and having their R. 67813. Piano. Preludes pour piano 1er livre.. Jean Deyzac (Notaire), Claude Debussy. Paris, France. principal places of business in Germany and R. 64016. Piano. Preludes pour piano. 2 me Jean Deyzac, Paris, France Claude Debussy. axe nationals of a foreign country (Ger­ livre. m any) ; R. 18857. Music. D ’une prison; poesie de Paul Reynaldo Hahn, Paris, Reynaldo Hahn. Verlaine. (Six mélodies, N o. France. 2. Finding that Helge Svenson, Goteborg, 5). Sweden, is controlled by or acting for or on R. 18853. Music. Ave Maria compose sur Là Heugel et Cie, Paris, J. Massenet. behalf of or as a cloak for the aforesaid Kalle Méditation de Thais. (Voice France. & Co., A. G., and I. G. Farbenindustrie, A. G. and Piano—low voice.) and therefore is a national of a foreign R. 18854. Music. Ave Maria compose sur La Heugel et Cie, Paris, J. Massenet. Méditation de Thais. (Voice France. country (Germany); and Piano—high voice.) 3. Finding that the aforesaid Kalle & Co., R. 13176. Music. Oh! Si Les Fleurs Avaient Des Louise Constance de Gres- Jules Massenet. A. G., I. G. Farbenindustrie, A. G. and Helge Yeux. Poesie de Bucbillot. sey Massenet, Versailles, (Voice—No. 1 Pour baryton France. Svenson own interests in the contracts re­ ou mezzo soprano, ton origi­ ferred to in subparagraph 5-a hereof; nal.) 4. Finding that the patents referred to in R. 18819. Partition chant Thais: comedie lyrique en 3 Louise C o n sta n c e de Jules Massenet. paragraph 5-b hereof stand of record in the et piano. actes et 7 tableaux d’Ana­ Gressy Massenet, Paris, tole, France. France. U nited States P atent Office in the name of R. 18822. Music...... Thais; méditation; poeme de Louise Constance de Jules Massenet. the aforesaid Helge Svenson and that such Louise Gallet. Gressy Massenet, Paris, patents are held by him on behalf of or as France. a cloak for th e aforesaid Kalle & Co., A. G.; R. 18823. Piano. Thais; meditation. (Piano a Louise Constance de Jules Massenet. 4 mains.) Gressy Massenet, Paris, 5. Finding, therefore, that the property France. described as follows: R. 27930. Piano. Liebeswalzer, Op. 57, No. 5. Moritz Moszkowski, Paris, Moritz Moszk'owski a. The interests in contracts described in (Fur pianoforte.) France. Exhibit A attached hereto and made a part R. 15161- Piano. Deux arabesques. (Pour le Emma Lea Moyse (Vve Claude Debussy. piano.) Debussy), Paris, France. hereof, and R. 26069. Piano. En Bateau. Extrait de la pe­ Emma Lea Moyse (Veuve Claude Debussy. b. All right, title and interest, including tite " suite. (Transcriptive Claude Debussy), Paris, all accrued royalties and all damages and pour piano a 2 mains.) France. R. 12264. Piano. Jardins sous la pluie. Es­ Emma Lea Moyse (Veuve Claude Debussy. profits recoverable at law or in equity from tampes pour le piano. No. de Claude Debussy), any person, firm, corporation or government 3. Paris, France. for past Infringement thereof, in and to the R. 17286. Piano. L’Isle Joyeuse______— Emma Lea Moyse (Veuve Claude Debussy. Debussy), Paris, patents identified in Exhibit B attached France. hereto and made a part hereof, R. 12263. Piano___ La Soiree dans Grenade. Es­ Emma Lea Moyse (Veuve Claude Debussy. is property of, or is property payable or held tampe No. 2. de Claude Debussy), Paris, France. with respect to patents or rights related R. 12262. Piano. Pagodes No. 1 Estampe. Emma Lea Moyse (Veuve Claude Debussy. thereto in which interests are held by, and (Pour le piano.) de Claude Debussy), such property itself constitutes interests held Paris, France. therein by, nationals of a foreign country R. 2679.. Piano. Pour le piano. I. Prelude. Emma Lea Moyse (Veuve Claude Debussy. II. Sarabande. n i. Toc­ de Claude Debussy), (Germ any); cata. Paris, France. 6. Having made all determinations and R. 23000. Piano. Reflets dans l’eau. Images Emma Lea Moyse (Veuve Claude Debussy. taken all action, after appropriate consul­ lere sérié. (Pour piano a 2 Claude Debussy), Paris, mains.) France. tation and certification, required by said Ex­ R. 20696. Piano. Suite Bergamesque. 1. Prel­ Emma Lea Moyse (Veuve Claude Debussy. ecutive Order or Act or otherwise; and ude. 2. Menuet. 3. Clair de Debussy), Paris, 7. Deeming it necessary in the national Lune. 4. Passepied. France. Interest; R. 61782. Voice- Repertoire moderne de vocal­ Maurice Ravel Le Belve­ Maurice Ravel. ises etudes publiées, San d e r e a M o n tf o r t , hereby vests in the Alien Property Cus­ la direction de A. L. Het- L’Amaury, France. tich. 2 eme. Volume No. todian the property hereinbefore de­ 20 pour voix moyennes. scribed in subparagraph 5, to be held, R. 23004. Piano. Sonatine pour le piano i ...... Maurice Ravel Le Belve- Maurice Ravel. d e r e a M o n tf o r t used, administered, liquidated, sold or L’Amaury, France. otherwise dealt with in the interest of R. 60630. Music______L’Heure Délicieuse; paroles de Victor Staub, Paris, Victor Staub. and for the benefit of the United States. Lucien Marotte. France. R. 63436. Chant et piano.. L’Heure Silencieuse------Victor Staub, Paris, Victor Staub. Such property, and any or all of the France. proceeds thereof, shall be held in an ap­ R. 4445.. Piano...... Sous bois. Piece pour piano Victor Staub, Paris, Victor Staub. Op. 6. France. propriate special account or accounts, R. 29351. M usic...____ Villanelle, pour cor et orches­ Paul Dukas, Paris, France. Paul Dukas. pending further determination of, the tre. Cor et piano. Alien Property Custodian. This shall not be deemed to limit the powers of the E xhibit C Alien Property Custodian to return such Claims of Copyright property or the proceeds thereof, or to Name and last known addresses Name of arrangers and indicate that compensation will not be Nature of Titles of works works of copyright owners authors paid in lieu thereof, if and when it should be determined that such return should Music...... Nocturne fur Waldhorn mit Beglei­ Johann Andre, Offenbach a Josef Richter. be made or such compensation should tung der Pianoforte, Errinnerung Main, Germany. an Schloss Weselicko. be paid. M usic..,___ Conzertino fur Horn mit Begleitung Richard Birrbach, Berlin, Ger­ Julius Weismann. Any person, except a national of a von kleinem Orchester. many. designated enemy country, asserting any Music...... Les Classiques du Cor, aria by Bach. Alphonse Leduc et Cie, Paris, Edouard Vuillermoz. France. claim arising as a result of this order M usic...... Les Classiques du Cor, Larghetto Alphonse Leduc et Cie, Paris, Edouard Vuillermoz. may file with the Alien Property Custo­ by Mozart. France. dian a notice of his claim, together with Music.-...... Sinfonie, Orchester Studien für Horn. Carl Merseburger, Leipzig, Ger­ von Albin Frehse and von Heft X I and XH. many. Friedrich Gumbert and a request for a hearing thereon, on Form Anton Bruckner. APC-1, within one year from the date M usic...... Richard Wagner; Die Meistersinger B* Schott’s Sohne, Mainz, Ger­ Walther’sPreislied bearb, v, von Nürnberg. many. F.J.L iftl. hereof, or within such further time as may be allowed by the Alien Property [F. R. Doc. 43-4491; Filed, March 23, 1943; 12:44 p. m.J Custodian. Nothing herein contained FEDERAL REGISTER, Thursday, March 25, 1943 3681

shall be deemed to constitute an admis­ & Co., A. G., and bearing the consent of Helge of Maximum Price Regulation No. 193 sion of the existence, validity or right to Svenson; Agreement dated May 20, 1940 by for determination of maximum prices for allowance of any such claim. and between Kalle & Co., A. G. and Helge Svenson; Cable dated Feb. 7, 1941 from Gen­ sales of “Tom Burns” brand of domestic The terms “national” and “designated eral Aniline & Film Corporation to Helge whiskey. That brand is a blend of enemy country” as used herein shall Svenson; Cable dated Feb. 11, 1941 from straight whiskies at 86° proof, aged as have the meanings prescribed in section Helge Svenson to General Aniline & Film follows: 5%—6 years, 5%—-4 years, 10 of said Executive Order. Corporation; Cable dated Feb. 11, 1941 from 15%—3 years, 35%—2 years 6 months, Ekecuted at Washington, D. C. on General Aniline & Film Corporation to Kalle and 40%—2 years. & Co., A. G.; Cable dated Feb. 14, 1941 from Due consideration has been given to January 18, 1943.' Kalle & Co., A. G. to General A niline & Film Corporation; and Cable dated Feb. 14, 1941 the application, and an opinion in sup­ [ seal] L eo T. C r o w ley, from General Aniline & Film Corporation to port of this order has been issued simul­ Alien Property Custodian. Helge Svenson, together with all claims, cred­ taneously herewith and filed with the Exhibit A its, royalties or other amounts due and pay­ Division of the Federal Register. For able under the said contract, and all dam­ 1. All right, title and interest of Ealle & the reasons set forth in the opinion and ages for breach thereof, together with the pursuant to the authority vested in the Co., A. G.j its successors, assigns and affiliates, right to sue therefor. and all right, title and interest of I. G. Far- Price Administrator by the Emergency benindustrie, A. G., and Helge Svenson, in, 2. All right, title and interest of Kalle & Price Control Act of 1942, as amended, Co., A. G., its successors, assigns and affiliates, to and under a certain “Memorandum of and all right, title and interest of I. G. Far- It is ordered: Agreement” dated Novem ber 1, 1934, by and benlndustrie, A. G., and Helge Svenson, in, (a) On and after March 24, 1943, Ed between Kalle & Co., A. G., and Ozalid Cor­ Phillips & Sons Company, Minneapolis, poration; subject to and Including all amend­ to and under a certain “Memorandum of ments thereof and supplements thereto, in­ Agreement” dated March 20, 1939, by and Minnesota, may sell and deliver to any cluding, but not by way of limitation, between Kalle & Co., A. G., Ozalid Corpora­ person and any person may buy and re­ Amendatory Agreem ent dated April 23, 1936; tion and Eugene Dietzgen Co., together with ceive from Ed Phillips & Sons Company Agreement dated July 1, 1938 by and between all claims, credits, royalties or other amounts “Tom Burns” brand of domestic whis­ Kalle & Co., A. G., and Ozalid Corporation; due and payable under the said contract, and key, a blend of straight whiskies at 86° Letter dated May 16, 1940 to Ozalid Corpo­ all damages for breach thereof, together with proof, aged as above, at the following ration signed by Walter Schwalbe for Kalle the right to sue therefor. prices:

E xhibit B $19.34 plus $5.16, being the amount of the increased Federal excise tax of November 1, Patents the titles to which stand of record in the United States Patent Office in the name of 1942 applicable thereto, or a total of $24.50 Helge Svenson, Goteborg, Sweden, and which are identified respectively as follows: per case of 12 bottles, each bottle containing one quart of such whiskey; Patent Patent $1%94 plus $5.16, being th e am ount of th e No. date Inventor Title Increased Federal excise tax of November 1, 1942 applicable thereto, or a total of $25.10 1,934,011 11/7/3 ; Maximilian P. Schmidt, et al Light-sensitive layer. per case of 24 bottles, each bottle containing 2,058,983 10/27/36 Josef Horn...... Apparatus for the Development of Photographic Print­ one pint of such whiskey; and ing Papers by means of Gaseous Developing Agents. $15.82 plus $4.13, being the amount of the 2,146, 516 2/7/39 Maximilian P. Schmidt___ Copying paper. increased Federal excise tax of November 1, 2,150,565 3/14/39 Maximilian P. Schmidt, et al...... Production of Diazo Prints. 2,245,628 6/24/41 Gottlieb Von Poser, et al.. Reflex Copying Process. 1942 applicable thereto, or a total of $19.95 per case of 12 bottles, each bottle containing one-fifth gallon of such whiskey. [F. R. Doc. 43-4490; Filed, March 23, 1943; 12:44 p. m.] 1 (b) The maximum prices for sales of each container size of “Tom Burns” brand of domestic whiskey, as herein­ OFFICE OF PRICE ADMINISTRATION. ment within ten days of the date of in­ before described, to Monopoly States shall be the maximum price for such [Order 224 Under MPR 188] voice, or of 1% for payment within 70 days of the date of invoice. container size set forth in paragraph (a), plus an amount which will restore A rmstrong C ork Co m pany (c) All prayers in the petition not granted herein are denied. to the price any trade discount now authorization of m a xim u m price (d) This Order No. 224 may be re­ allowed to the Monopoly State: Pro­ vided, That the rate of such discount Order No. 224 under § 1499.158 of Max­ voked or amended by the Price Admin­ istrator at any time. shall not exceed the rate prevailing on imum Price Regulation No. 188—Manu­ March 31,1942. facturers’ Maximum Prices for Specified This order shall become effective March 24, 1943. (1) Any Monopoly State may sell or Building Materials and Consumers’ deliver to any person and any person Goods Other Than Apparel. (Pub. Laws 421 and 729, 77th Cong.; E.O; may buy and receive from such Monop­ For the reasons stated in an opinion 9250, 7 F.R. 7871) oly State “Tom Burns” brand of domes­ issued simultaneously herewith and filed Issued this 23d day of March 1943. tic whiskey at maximum prices deter­ with the Division of the Federal Register, mined as follows: and pursuant to § 1499.158 of Maximum P r entiss M . B r o w n , (i) Add to the maximum price estab­ Price Regulation No. 188, It is ordered, Administrator. That: lished at (b), exclusive of the amount of [F. R. Doc. 43-4494; Filed, March 23, 1943} the increased Federal excise tax of (a) The Armstrong Cork Company of 2:28 p. m.] November 1, 1942 applicable thereto, for Lancaster, Pennsylvania is authorized to the particular container size in question sell, deliver, or offer for sale, and all the amount of freight charges, if any, at other persons are authorized to receive the rate applicable in March, 1942 from or accept in the course of trade, conduc­ [Order 3 Under MPR 193] the rectifying plant or freight basing tive plastic material manufactured by Ed P h il l ip s and SoNs Co. point from which shipment is made to the Armstrong Cork Company, f. o. b. the receiving point of the particular Camden, New Jersey, at the following AUTHORIZATION OF MAXIMUM PRICES Monopoly State. prices: Order No. 3 under Maximum Price (ii) Add to the resulting figure at (i) (1) $1.75 per gallon, in ten-gallon con­ Regulation No. 193—Domestip Distilled the applicable amount of any tax inci­ tainers; Spirits. dent to the sale, processing or use of the (2) $1.75 per gallon, in five-gallon con­ Authorization of maximum prices for domestic whiskey to be priced hereunder tainers; “Tom Burns” brand of domestic whiskey in accordance with any statute in effect (3) $1.90 per gallon, in one-gallon con­ manufactured by Ed Phillips & Sons in the Monopoly State on March 31,1942. tainers. Company. Ed Phillips & Sons Company, (iii) Apply to the resulting figure at (b) The above prices shall include the Northwest Terminal, Minneapolis, Min­ (ii) the statutory or discretionary per­ price for the containers themselves, and nesota, rectifier of alcoholic beverages, centage markup in effect in such Monop­ are subject to a discount of 2% for pay- has made application under § 1420.13 (c) oly State on March 31, 1942. 3682 FEDERAL REGISTER, Thursday, March 25, 1943

(iv) Add to the resulting figure at (iii) in March, 1942 on sales of domestic (f) On or before the first delivery of the amount of the increased Federal ex­ whiskey in the same price class to the this commodity after the effective date cise tax of November 1, 1942 applicable same class of purchasers. hereof, all wholesalers and jobbers of thereto. (d) Any retailer may sell and deliver this commodity shall notify retail pur­ (v) Divide the resulting figure at (iv) to any person and any person may buy chasers thereof of the wholesalers or by the figure 12 in the case of quarts and and receive from such retailer “Tom jobbers maximum price as established fifths, and by the figure 24 ih the case of Burns” brand of domestic whiskey, as under paragraph (c); and they shall no­ pints, and follow the practice prevailing hereinbefore described, at prices not in tify such retailers of the method foi the in the Monopoly State on March 31,1942 excess of those computed by the retailer computation of the retailers maximum with respect to the disposition of frac­ as follows: price as follows: tional and odd cents, if any, existing in (1) Multiply the resulting figure at Our maximum price for “Tom Burns” the latter figure. The resulting figure (c) (3), as computed by the particular brand of domestic whiskey and the method shall be the Monopoly State’s maximum wholesaler or jobber from whom the re­ whereby we have computed your maximum price for the particular container size in tailer purchases such commodity by 1.33, price for that brand is as follows: question of “Tom Burns” brand of do­ or, in those states or subdivisions thereof 1. Our maximum price per case of (container size in question)_$______mestic whiskey. where the markup of such vendors of 2. Subtract increased Federal ex­ (c) Any wholesaler or jobber may sell distilled spirits is fixed by statute or cise tax of November 1, 1942_$____ and deliver to any person and any person ordinance in effect in March, 1942, by a 3. Subtract increased State or local may buy and receive from such whole­ figure which will produce a selling price taxes after March 31, 1942..__ $______saler or jobber “Tom Burns” brand of for the particular vendor in accordance 4. Base for computation of retail­ domestic whiskey, as hereinbefore de­ with the minimum requirements of such er’s maximum price______$______scribed, at prices not in excess of those statute or ordinance. 5. Line 4 m ultiplied by 1.33 or computed by the wholesaler or Jobber as minimum statutory markup_$______(2) Add to the resulting figure at (1) 6. Add increased Federal excise follows: the amount of the Federal excise tax of tax______$____„__ (1) Add to the amount of $19.34, $19.94 November 1,1942 applicable thereto; and 7. Add increased State or local tax. $_____ or $15.82 for cases of 12 quarts, 24 pints thé applicable amount of any new or in­ or 12 fifths respectively, freight charges, creased tax incident to the sale, process­ 8. Total______$_____ if any at the rate applicable in March, ing or use of the domestic whiskey to be 9. Divide line 8 by the figure 12 for 1942 from the rectifying plant or freight priced hereunder which is imposed upon quarts and fifths and by the basing point from which shipment is figure 24 for pints. the seller by any statute or ordinance of 10. Add State or local sales tax or made to the receiving point of the par­ any State or subdivision thereof which similar tax per bottle (if sep­ ticular wholesaler or jobber. became effective after March 31, 1942; arately stated and collected by (2) Add to the resulting figure at (1) Provided, That the amount of such new retailer in March, 1942 and the amount of any tax incident to the or increased tax has been paid or shall which retailer now separately sale, delivery, processing or use of the have accrued and be payable by the seller states and collects)______$______domestic whiskey to be priced hereunder to the proper taxing authority or to any 11. Retailer’s maximum price per which is imposed upon the wholesaler or prior vendor. (container size in question)_$______jobber by any statute or ordinance of any (3) Divide the resulting figure at (2) The figure at line 11 is your maximum State or subdivision thereof in effect in by the figure 12 in the case of quarts and price, including all taxes, per (container size March, 1942: Provided, That the amount fifths, and by the figure 24 in the case of in question) for “Tom Burns” brand of of such tax has been paid or shall have domestic whiskey in accordance with OPA pints. The retailer shall adjust the fig­ Order No. 3 under Maximum Price Regula­ accrued and be payable by the seller to ure thus arrived at to the next higher tion No. 193. OPA requires you to keep the proper taxing authority or to any even cent if the fraction is % cent or this notice for examination. prior vendor. over or to the next lower even cent if (3) Multiply the resulting figure at the fraction is less than % cent. No notification shall be required after (2) by 1.15, or in those States or subdi­ (4) Multiply the resulting figure at (3) the first notification unless the seller’s visions thereof where the markup of by the percentage rate of any State or maximum price shall be adjusted for a such vendors of distilled spirits is fixed by local sales tax imposed upon the retailer permitted tax increase pursuant to the a statute or ordinance in effect in March, by any statute or ordinance of any State provisions hereof. 1942, by a figure which will produce a or subdivision thereof; Provided, That (g) This Order No. 3 may be revoked selling price for the particular vendor the amount thereof was separately stated or amended by the Price Administrator in accordance with the minimum re­ and collected by the retailer in March, at any time. quirements of such statute or ordinance. 1942, and the retailer now continues to (h) This Order No. 3 shall become ef­ (4) Add to the resulting figure at (3) state and collect the amount thereof sep­ fective March 24, 1943. the amount of the increased Federal arately. The resulting figure shall be Issued this 23d day of March 1943. excise tax of November 1,1942 applicable rounded off to the nearest full cent in P r entiss M . B row n, thereto: and the applicable amount of accordance with the practice of the Administrator. any new or increased tax incident to the seller in March, 1942, and added to the sale, delivery, processing, or use of the amount determined at (3). The result­ [F. R. Doc. 43-4493; Filed, March 23, 1943; domestic whiskey to be priced hereunder ing amount shall be.the particular re­ 2:23 p. m.] which is imposed upon the wholesaler or tailer’s maximum price for the particular jobber by any statute or ordinance of any container size in question of .“Tom State or subdivision thereof which be­ Burns” brand of domestic whiskey. [Order 1 Under MPR 197] came effective after March 31,1942: Pro­ (e) On or before the first delivery of vided, That the amount of such new or this commodity after the effective date Charles H e w itt and S o ns Co. increased tax has been paid or shall have hereof Ed Phillips & Sons Company shall approval of m a xim u m price accrued and be payable by the seller to notify any person purchasing the com­ the proper taxing authority or to any modity from them of applicant’s maxi­ Order No. 1 under Maximum Price prior vendor. The resulting amount mum price established under paragraph Regulation No. 197—Canned Fruits and shall be the particular wholesaler’s or (a), and applicant shall make a separate Canned Betries at Wholesale and Retail. jobber’s maximum price for the particu­ statement of the increased Federal ex­ Approval of maximum price for lar container size in question of “Tom cise tax of November 1,1942. Such noti­ Charles Hewitt & Sons Company, Des Burns” brand of domestic whiskey. fication shall be accomplished by attach­ Moines, Iowa. (5) Wholesalers’ and jobbers’ dis­ ing a true and exact copy of this order The applicant, Charles Hewitt & Sons counts on sales of “Tom Burns” brand to the invoice issued by the applicant in Company, has filed an application for of whiskey shall be applicable to the connection with the particular transac­ the specific authorization of a maximum maximum prices established pursuant to tion. No notification shall be required price for 1200 cases of 4 oz. cans of fancy (c) at a rate which is not less than the after the first notification to any par­ crushed Cuban pineapple, four dozen rate allowed by the wholesaler or jobber ticular purchaser. cans to a case, labeled as “Soroa.” FEDERAL REGISTER, Thursday, March 25, 1943 3683

Due consideration has been given to Ecclesiastical ware. at or prior to the first invoice to such the information submitted by the appli­ Eyeglass and spectacle frames and mount­ purchaser after March 23, 1943, give ings. written notice of the adjustment granted cant with respect to the merchandise in Fountain pens. question. Insignia. by this order. The notice shall state For the reasons set forth in the opinion Jewelry, Including compacts and toilet sets. that the adjustment does not apply to in­ which accompanies this order and under Jewelry findings. ventories in wholesalers’ and retailers’ the authority vested in the Price Admin­ Mechanical pencils. hands on March 23, 1943. A statement istrator by the Emergency Price Control Mirrors. in the following form will be sufficient: Silverware. Act of 1942, as amended, and Executive The Office of Price Adm inistration has Order No. 9250: It is hereby ordered, Tinsel. Watch cases. granted relief to manufacturers o f ______That: Zippers. (insert (a) The applicant, Charles Hewitt & ______containing newly m ined Sons Company, may sell, offer to sell or (b) Manufacturer’s maximum price. name of article) deliver and any person may buy, offer to The manufacturer’s maximum price for domestic silver by allowing each manufac­ buy or receive from the applicant, all or any article listed in paragraph (a) shall turer, wholesaler, and retailer to charge, in any part of a lot of 1200 cases of 4 oz. be calculated as follows: The provisions addition to his March 1942 ceiling price, 36 cans of fancy crushed Cuban pineapple, of Maximum Price Regulation No. 188 cents for each fine troy ounce of newly Mined four dozen cans to the case, labeled as shall first be applied just as if the article domestic silver contained in the article. The contained silver other than newly mined adjustment does not apply to Inventories in “Soroa”, at no higher than the price of wholesalers’ and retailers’ hands on March 23, 7714 cents per dozen, delivered. domestic. Then, to the price thus ob­ 1943. Our invoice covering each shipment (b) The maximum price for such 4 oz. tained for the article, shall be added 36 wUl notify you how much you may charge, cans of fancy crushed Cuban pineapple, cents for each fine troy ounce of net con­ in addition to your maximum price as de­ labeled as “Soroa”, at retail, for any type tent of newly mined domestic silver. termined under the General Maximum Price of retailer, shall be eight cents per can. (c) Wholesaler’s maximum price. The Regulation, for each article in the shipment. (c) The applicant shall not report a wholesaler’s maximum price for any (g) Determination of amount of newly base price or permitted increase when article for which the manufacturer’s mined domestic silver. The amount of making sales of such merchandise. maximum price was established under newly mined domestic silver which the (d) The applicant shall give each pur­ paragraph (b) above shall be calculated particular article being priced contains chaser notice in writing, at the time of as follows: The provisions of the Gen­ may be computed in the case of whole­ sale or at the time of delivery to the pur­ eral Maximum Price Regulation shall salers or retailers on the basis of the chaser, of the maximum price at retail. first be applied just as if the article con­ supplier’s invoice. Manufacturers may Such notice may be given by marking the tained silver other than newly mined treat as newly mined domestic silver, any same on the cases or by attaching a no­ domestic. Then, to the price thus ob­ silver which is certified to be such, by tice to the cases or in any other method tained for the article, shall be added 36 the supplier pursuant to § 1499.73 (a) and such notice shall read as follows: cents for each fine troy ounce of net content of newly mined domestic silver. (12) of Supplementary Regulation No. Official retail ceiling price, 8 cents per can. 14 of the General Maximum Price Reg­ (d) Retailer’s maximum price. The ulation, or any silver which the Director (e) This Order No. 1 may be revoked retailer’s maximum price for any article of the Mint has approved, pursuant to or amended by the Price Administrator for which the supplier’s maximum price regulations prescribed by the Secretary at any time. was established under paragraph (b) or of the Treasury under section 4 (c) of (f) Unless the context otherwise re­ (c) above, shall be calculated as follows: the Act of July 6, 1939. quires, the definitions set forth in The provisions of the General Maximum (h) This order may be revoked or § 1341.710 of Revised Maximum Price Price Regulation shall first be applied Regulation No. 233 and section 302 of just as if the article contained silver amended by the Price Administrator at other than newly mined domestic. any time. the Emergency Price Control Act of 1942, This order shall become effective as amended, shall be applicable to the Then, to the price thus obtained for the article, shall be added 36 cents for each March 23,1943. terms used herein. Issued this 23d day of March 1943. (g) This order shall become effective fine troy ounce of net content of newly March 24, 1943. mined domestic silver. P rentiss M . B r o w n, Issued this 23d day of March 1943. (e) Invoices. Every sale other than Administrator. a sale at retail of any article listed in P r entiss M . B r o w n , [F. R. Doc. 43-4499; Filed, March 23, 1943; Administrator. paragraph (a) above containing newly 4:16 p. m.] mined domestic silver, shall be invoiced [F. R. Doc. 43-4492; Filed, March 23, 1943; by the seller. The original invoice shall 2:23 p. m.] be delivered to the buyer, who shall pre­ serve such invoice for inspection by the SECURITIES AND EXCHANGE COM­ Office of Price Administration for as long MISSION. as the Emergency Price Control Act of [Order 226 Under MPR 188] 1942, as amended, remains in effect, and [File No. 54-46] Consum ers’ A rticles C o ntaining N e w l y the seller shall preserve a copy of every L one S tar G as C orp., et al. M ined D omestic S ilver invoice for the same period. Each such invoice shall contain: SUPPLEMENTAL AND AMENDATORY ORDER MAXIMUM PRICES FOR SALES (1) The names and addresses of the At a regular session of the Securities Order No. 226 under § 1499.159b of buyer and seller. and Exchange Commission, held at its Maximum Price Regulation No. 188— (2) A description of the article sold. office in the City of Philadelphia, Penn­ Manufacturers’ Maximum Prices for (3) The quantity and unit being sold. sylvania, on the 22d day of March, 1943. Specified Building Materials and Con­ (4) A statement of the maximum In the matter of Lone Star Gas Cor­ sumers’ Goods Other Than Apparel. price of the article when made of silver poration, Lone Star Gas Company, Com­ For the reasons set forth in an opinion other than newly mined domestic silver. munity Natural Gas Company, Texas issued simultaneously herewith and filed (5) A statement of the net number of Cities Gas Company, The Dallas Gas with the Division of the Federal Register, troy ounces of fine silver content of newly Company, Council Bluffs Gas Company, and pursuant to the authority vested in mined domestic silver. Lone Star Gasoline Company. the Price Administrator by the Emer­ (6) The amount of added cost at 36 The Commission having entered an gency Price Control Act of 1942, as cents per ounce due to the change to Order on October 22, 1942, pursuant to amended, and Executive Order No. 9250, newly mined domestic silver. sections 11 (b) and 11 (e) of the Public It is ordered: (f) Notification to purchasers for re­ Utility Holding Company Act of 1935, (a) Articles to which this order ap­ sale. Every person delivering to a pur­ (1) Requiring Lone Star Gas Corpo­ plies. This order applies only to the fol­ chaser for resale an article for which the ration to divest itself of all interests in, lowing articles containing newly mined seller’s maximum price has been estab­ and all ownership and control of, Coun­ domestic silver: lished under paragraph (b) or Cc) shall, cil Bluffs Gas Company, Northern Nat- 3684 FEDERAL REGISTER, Thursday, March 25, 1943 ural Gas Company, and the properties provided therein, are hereby found to be [File Nos. 54-87 and 59-64] and businesses of Texas Cities Gas Com­ necessary or appropriate to effectuate the pro­ visions of section 11 (b) of the Public Utility P eo ples L ight and P ow er Co., et al. pany located in and around the cities of Holding Company Act of 1935; El Paso and Galveston, Texas; (1) The sale of the securities of Council ORDER POSTPONING HEARING AND DESIGNAT­ (2) Approving the plan of reorganiza­ Bluffs Gas Company, consisting of 13,500 ING TRIAL EXAMINER tion of the Lone Star Gas Corporation shares of common stock, par value $100 each, holding company system filed by Lone and a note dated June 1, 1934, payable "to At a regular session of the Securities Star Gas Corporation and certain of its Lone Star Gas Corporation in the original and Exchange Commission, held at its subsidiaries, pursuant to section 11 (e) principal amount of $1,595,000, with an un­ office in the City of Philadelphia, Pa., on of the act, for the purpose of enabling paid principal balance of $1,000,000, for a the 22d day of March A. D. 1943. the Lone Star System to meet the re­ cash consideration of approximately $1,350,- In the matter of Peoples Light and 000 and the use of the proceeds of such sale Power Company and subsidiary compa­ quirements of section 11 (b) of the act, to reduce outstanding bank loans of Lone subject to the condition that the plan be nies, applicants, file No. 54-67; Peoples Star Gas Corporation; Light and Power Company, California amended to provide for the disposal of (2) The distribution as a dividend by Lone the properties and businesses of Texas Star Gas Corporation to its stockholders of Public Service Company, Texas Public Cities Gas Company in and around the record at the close of business on December Service Company, Texas Public Service cities of El Paso and Galveston, Texas; 18, 1942 of its 304,500 shares of common stock Farm Company, West Coast Power Com­ (3) Directing that the several transac­ of Northern Natural Gas Company, having a pany, Western States Utilities Company, tions, approved or authorized by the said par value of $20 each, in the ratio of one respondents, file No. 59-64. share of Northern stock for each eighteen The Commission having on March 9, order, should be carried out in accord­ shares of Lone Star stock; only whole shares ance with the terms and conditions of, 1943, pursuant to sections 11 (b) (1), 11 to be distributed, and shares representing un­ (b) (2) and 11 (e) of the Public Utility and for the purposes stated in, the dec­ distributed fractional interests to be sold at larations and applications, as amended, the most favorable prices obtainable through Holding Company Act of 1935, ordered a filed in such proceeding: arm’s-length negotiations and the entire pro­ hearing to be held on April 1,1943 in the (4) Reserving jurisdiction to entertain ceeds derived from such sales to be dis­ above-entitled matter; and such further proceedings, to make such tributed in the form of cash to stockholders Peoples Light and Power Company having fractional Interests; having on March 18,1943 filed an amend­ further and supplemental findings, to (3) The simplification of the balance of ment requesting that said hearing be approve the terms and conditions, and the Lone Star System by taking the following postponed until April 20, 1943 for the to take such additional and further ac­ steps: * reason that by that date the manage­ tion as may be appropriate in the prem­ (a) The transfer of all the assets and busi­ ment anticipates substantial progress ises in connection with the disposition ness of Lone Star Gas Company, Community Natural Gas Company, Texas Cities Gas Com­ will have been made with respect to ne­ o2 assets proposed in the plan of reor­ gotiations for the sale and acquisition of ganization or required by the said order; pany, The Dallas Gas Company, and Lone Star Gasoline Company, subsidiaries of Lone certain properties considered in the plan The transactions and steps ordered to Star Gas Corporation, to Lone Star Gas Cor­ previously filed with this Commission be taken and provided for in the plan poration in return for the surrender of all of under section 11 (e) of the act, the and in the declarations and applications, their stock and the cancellation of all of amendment stating that these develop­ having been specifically described in the their notes owned by Lone Star Gas Corpora­ ments may have an important bearing Commission’s findings and opinion; the tion and the assumption by it of all their on the method proposed to be followed Commission having in its findings and liabilities; to consummate said plan; and opinion, which accompanied the said (b) The dissolution of such subsidiaries and the retirement of sixty-four shares of It appearing to the Commission, after order and which formed a part thereof, stock of Lone Star Gas Company, held by due consideration of such amendment, concluded that the steps required to be minority stockholders, by cash payment; that a postponement of said hearing taken by the said order and the steps (c) The transfer of all the assets then held until April 20, 1943 will be in the public proposed in the plan, which the Commis­ by Lone Star Gas Corporation (after disposi­ interest; sion approved, were necessary to effec­ tion of the securities of Northern Natural It is ordered, That the hearing in this tuate the provisions of section 11 (b) Gas Company and Council Bluffs Gas Com­ matter previously scheduled for April 1, and were fair and equitable to the per­ pany, and except the securities of Northwest Cities Gas Company) to a new Texas corpora­ 1943, be, and hereby is, postponed to sons affected thereby; tion to be named Lone Star Gas Company, April 20,1943, at the same time and place Lone Star Gas Corporation having re­ but presently designated as Corporation A, in as heretofore designated; and quested that the said order of the Com­ exchange for the assumption by Corporation It is further ordered, That Robert P. mission be amended to describe specifi­ A of all of the System’s liabilities and the Reeder, an officer of the Commission, be cally in the formal portion thereof the issuance to Lone Star Gas Corporation of and he is hereby designated to preside transactions and steps ordered to be 5,499,000 shares of its common stock, par at such postponed hearing and that he taken and which were specifically de­ value of $10 per share; (d) The dissolution of Lone Star Gas Cor­ shall exercise all powers granted to the scribed in the findings and opinion and poration and the, distribution of the stock Commission under section 18 (e) of the provided for in the plan and in the dec­ of Corporation A to its stockholders, share Act and to a trial examiner under the larations and applications so as to elimi­ for share, for its own stock; Commission’s Rules of Practice; and nate any doubt as to the conformity of (e) The transfer by Corporation A of Ap­ It is further ordered, That the Secre­ the said order to the formal requirements proximately $1,000,000 in cash and a portion tary of the Commission shall serve no­ specified in sections 371 (f) and 1808 (f ) of the assets acquired by it to a second new tice of the postponement of hearing by of the Internal Revenue Code; Texas corporation to be named Lone Star mailing a copy of this order to Peoples It appearing that the said order should Producing Company but presently designated as Corporation B, such assets consisting and its various subsidiaries, to the Public be amended to comply with such request principally of all'of the production assets of Utility Commissions of the States of and to eliminate any doubt as to the the System, including all assets owned by Idaho, Nevada, Oregon, and Wyoming, intent and purpose of the order: Lone Star Gasoline Company, the oil and gas and the Railroad Commissions of Cali­ It is ordered, That the said order be leases, and other production properties owned fornia and Texas, not less than 20 days amended by inserting the following by Lone Star Gas Company, and a small prior to the date hereinbefore fixed as paragraphs at the end of the formal por­ amount of such assets owned by Community the new date of the hearing; and that tion of such order and immediately be­ Natural Gas Company, in exchange for the issuance to Corporation A of 85,000 shares of notice of said hearing is hereby given to fore “By the Commission”; common stock, par value $100 per share, and Peoples and its subsidiaries, to their se­ It is further ordered, That disposition by the assumption of all of the liabilities of curity holders, and to all consumers of Lone Star Gas Corporation of all of its in­ Lone Star Gasoline'Company (except notes Peoples’ subsidiary companies, to all terests in Council Bluffs Gas Company, owing to Lone Star Gas Corporation, which states, municipalities, and political sub­ Northern Natural Gas Company, and the will be cancelled). divisions of states within which are lo­ properties and business of Texas Cities Gas By the Commission. cated any of the physical assets of said Company located in and around the cities companies or under the laws of which of El Paso and Galveston, Texas, and the [ seal] O rval L. D ttB o is, any of said companies is incorporated, said «plan and the said applications and Secretary. declarations, as amended, Including thç fol­ all State Commissions, State Securities lowing sales, distributions, exchanges, trans­ [F. R. Doc. 43-4503; Filed, March 24, 1943; Commissions, and all agencies, author­ fers, conveyances, transactions, and steps 9:47 a. m.] ities and instrumentalities of one or more FEDERAL REGISTER, Thursday, March 25, 1943 3685 states, municipalities, or other political for 293,204 common shares of ENYP, given of said hearing to the above named subdivisions having jurisdiction over constituting all of such common shares declarants and applicants and to all in­ Peoples or its subsidiaries or any of the outstanding. Hudson River and SPI will terested parties, said notices to be given businesses, affairs oif operations of any then be merged into ENYP through to said declarants and applicants by reg­ of them; that such notice shall be given statutory merger under the New York istered mail and to all other persons by further by a general release of the Com­ Stock Corporation Law by which ENYP publication in the F ederal R egister. mission, distributed to the press and will acquire all of the assets and assume It is further ordered, That William W. mailed to the mailing list for releases all of the liabilities of Hudson River and Swift, or any other officer or officers of issued under the Public Utility Holding SPI. ENYP will then issue 227,348 the Commission designated by it for that Company Act of 1935; and that further shares of common stock to IHES in dis­ purpose, shall preside at the hearing in notice be given to all persons by publi­ charge of demand notes of Hudson River such matter. The officer so designated cation of this order in the F ederal R eg­ in the amount of $3,525,000 and of SPI in to preside at any such hearing is hereby ister not later than ten days prior to the amount of $1,178,710 and of open authorized to exercise all powers granted the new date hereinbefore fixed as the account indebtedness of Hudson River to the Commission under section 18 (c) date of the hearing. in the amount of $980,000, all of which of said Act and to a trial examiner under By the Commission. ENYP will then have assumed. ENYP the Commission’s Rules of Practice. [ seal] O rval L. D ttB o is , will then also issue and sell $8,000,000 It is further ordered, That, without Secretary. principal amouht of First Mortgage limiting the scope of the issues presented [F. R. Doc. 43-4501; Filed, March 24, 1943; Sinking Fund Bonds, 3^% Series, due by said declarations and applications 9:47 a. m.] 1961, and $5,968,000 principal amount of otherwise to be considered in this pro­ Second Mortgage Bonds, 4% Series, due ceeding, particular attention will be di­ 1962, secured respectively by a first mort­ rected at the hearing to the following gage and a second mortgage of substan­ matters and questions: [File No. 54-71] tially all of its fixed assets as then con­ 1. Whether the issuance and sale by ENYP stituted, the proceeds of said sale to­ International H ydro-E lectric S y st e m , of the aforementioned securities have been ET AL. gether with other funds to be used for expressly authorized by the State Commission the redemption and retirement of $13,- of the State in which that company is or­ NOTICE OF FILING AND ORDER FOR HEARING 743,000 principal amount of First and ganized and doing business. WITH RESPECT TO APPLICATION NO. 2 Refunding 5% Sinking Fund Mortgage 2. If it be found that the issuance and Bonds, due 1947, issued by International sale by ENYP of the aforementioned securi­ At a regular session of the Securities ties have not been expressly authorized by and Exchange Commission, held at its Paper Company which by assumption the State commission of the State in which offices in the City of Philadelphia, Penn­ became a primary obligation of Hudson that company is organized and doing busi­ sylvania, on the 22d day of March, 1943. River, and for the payment of a $225,000 ness, whether the securities to be issued and In the matter of International Hydro- note held by The First National Bank of sold by ENYP are reasonably adopted to the Electric System, Hudson River Power Boston and now an obligation of SPI. earning power of ENYP and to the security Corporation, System Properties, Inc., ENYP will also acquire for à nominal structure of ENYP and other companies in consideration certain electrical equip­ the holding company system of which it is Eastern New York Power Corporation. a part; whether financing by the issue and Notice is hereby given that declara­ ment situated on properties now owned sale of the particular securities to be issued tions and applications have been filed by Hudson River and SPI and leased to and sold are necessary or appropriate .to the with this Commission by International International Paper Company which In­ economical and efficient operation of the Hydro-Electric System (hereinafter re­ ternational Paper Company is obligated business in which ENYP is lawfully engaged ferred to as “IHES”) a registered hold­ in any event to transfer to the owners or has an- interest; whether the fees, com­ ing company, its subsidiary companies, of the properties upon expiration of the missions, or other remuneration, to whom­ respective leases in 1962. soever paid, directly or indirectly, in connec­ Hudson River Power Corporation (here­ tion with the securities to be issued and inafter referred to as “Hudson River”) Applicants and declarants state that sold by ENYP, are reasonable; whether the and System Properties, Inc. (hereinafter they now have tentative arrangements terms and conditions of the issue and sale referred to as “SPI”) and by Eastern for a private sale of the first and second are detrimental to the public Interest or the New York Power Corporation herein­ mortgage bonds of ENYP and have re­ interest of investors or consumers; and after referred to as “ENYP”), pursuant quested an order of the Commission ex­ whether there has been compliance with ap­ empting the issuance and sale of said plicable State laws with respect to the issue to the Public Utility Holding Company and sale of the securities. Act of 1935, particularly sections 6, 7, 9, bonds from the requirements of section 3. Whether the merger of Hudson River 10, 11 and 12 thereof and Rules U-42, (b) of Rule U-50. and SPI into ENYP is detrimental to the U-43, U-44, U-45 and U-50 of the Rules Additional information concerning the carrying out of the provisions of Section n and Regulations promulgated there­ proposed transactions is to be filed by and whether such merger will serve the pub­ under. Applicants and declarants have amendment. lic interest by tending towards the econom­ designated the filing as Application No. 2 It appearing to the Commission that ical and efficient development of an inte­ for all necessary approvals of the pro­ it is appropriate in the public interest grated public utility system. 4. Whether the accounting entries to be posed action as a step toward complying and in the interest of investors and con­ made in connection with any or all of such with section 11 of the act and the order sumers that a hearing be held with re­ proposed transactions are appropriate under of this Commission thereunder with re­ spect to such matters, that said decla­ the standards and requirements of the Pub­ spect to IHES, dated July 21,1942 (Hold­ rations shall not become effective nor lic Utility Holding Company Act of 1935 and ing Company Act Release No. 3679). All said applications be granted except pur­ all Rules and Regulations promulgated there­ interested persons are referred to said suant to further order of this Commis­ under. declarations and applications, which are sion: 5. Whether the proposed action is a proper step toward compliance with the aforemen­ on file in the office of the Commission, It is ordered, That a hearing on such tioned order of the Commission, dated July for a statement of the transactions matters under the applicable provisions 21, 1942. therein proposed which are summarized of said act and rules of the Commission 6. Whether terms and conditions are ap­ as follows: thereunder be held on April 14, 1943 at propriate in the public interest or for the IHES proposes to acquire the sub­ 10:00 a. m., e. w. t., at the offices of protection of investors or consumers or are scription rights of the incorporators of the Securities and Exchange Commis­ necessary to be imposed to ensure compli­ ENYP and to advance to ENYP an sion, 18th and Locust Streets, Philadel­ ance with the requirements of the Public amount not exceeding $25,000 for or­ phia, Pennsylvania. On such day the Utility Holding Company Act of 1935 or any rules, regulations or orders promulgated ganization expenses. IHES then pro­ hearing room clerk in room 318 will ad­ thereunder. poses to transfer to ENYP 95,300 shares vise as to the room where such hearing 7. Whether the issuance and sale of the of common stock of Hudson River and will be held. At such hearing cause proposed first and second mortgage by ENYP 256,510 shares of common stock of SPI, shall be shown why such declarations should be exempted from the competitive constituting all of the outstanding com­ and applications shall become effective bidding requirements of paragraphs (b) and mon stock of such companies, in return or shall be granted. Notice is hereby (c) of Rule U-50. 3686 FEDERAL REGISTER, Thursday, March 25, 1943

8. Generally, whether all action proposed to anor Anne Chandler and Mrs. Marie L. [Pile No. 70-137] be taken, complies with the requirements of Chandler, Brandywine Farms Corpora­ S an A n t o n io P ublic S ervice C o. and such act and rules, regulations, or orders tion, Carroll E. Gray, Mrs. Marie L. M ellon S ecurities C orp. promulgated thereunder. Chandler, Robert Leonard, as successor It is further ordered, That the trial trustee for Mrs. Marie L. Chandler, ORDER DISMISSING PROCEEDINGS AND RELEAS­ examiner upon the convening of the Harry Williams, Jr., and Ralph P. Buell, ING JURISDICTION OVER LIMITED PAYMENT hearing ordered herein shall proceed respondents. OF UNDERWRITER’S FEES with the taking of evidence with respect The Commission on October 30, 1940 ; At a regular session of the Securities to the issue of exemption from competi­ having ordered, pursuant to section 2 and Exchange Commission held at its tive bidding as specified in paragraph 7 (a) (7) (B) of the Public Utility Holding office in the City of Philadelphia, Pa., on above and that when the taking of such Company Act of 1935, that a hearing be the 20th day of March 1943. evidence has been completed the record held to determine whether the above- San Antonio Public Service Company, with respect thereto shall be transmitted named respondents, or any one or more a subsidiary of The United Light and forthwith to the Commission for consid­ of them, directly or indirectly exercise, Power Company, a registered holding eration and determination. either alone or pursuant to an arrange­ company, having filed on August 10,1940 By the Commission. ment or understanding with each other a declaration regarding, among other or with one or more other' persons, such [ seal] O rval L. D u B o is, things, the issuance and sale of its first Secretary. a controlling influence over the manage­ mortgage bonds pursuant to the pro­ ment or policies of International Utilities visions of section 7 of the Public Utility [F. R. Doc. 43-4505; Filed, March 24, 1943; Corporation as to make it necessary or Holding Company Act of 1935; and 9:47 a. m.J appropriate in the public interest or for The Commission having, on August 23, the protection of investors or consumers 1940, issued an order to show cause that the above-named respondents, or against Mellon Securities Corporation any one or more of them, be subject to [Pile No. 59-37] and San Antonio Public Service Company the obligations, duties and liabilities im­ pursuant to Rule U-12F-2 to determine Central I l l in o is P ublic S ervice posed by said act upon holding compa­ the status of Mellon Securities Corpora­ C om pany nies; and tion under said rule; and The hearing aforesaid having been The Commission having on October 23, ORDER POSTPONING DATE FOR RECONVENING held on December 18, 1940, and having 1940 issued its order permitting the dec­ HEARING been continued from time to time to laration of San Antonio Public Service March 28,1941 and said hearing on that Company to become effective, subject, At a regular session of the Securities date having been continued subject to and Exchange Commission held at its however, to the stipulation of counsel for the call of the trial examiner, so that at Mellon Securities Corporation that, office in the City of Philadelphia, Pav the present time no date has been set on the 22d day of March, A. D. 1943. pending the determination of the ques­ for continuing such hearing; and tions arising under the rule, the under­ The Commission having on October The proceeding having previously been 16, 1941, pursuant to sections 11 (b) (2) writer’s fees involved would be deposited dismissed, by order of the Commission, in escrow and that the Commission would and 15 (f) of the Public Utility Holding as to respondents Burr & Company, Inc. Company Act of 1935, ordered a hearing reserve jurisdiction over all questions of and Carroll E. Gray; and fees and affiliations under the rule; and to be held in the above entitled matter, The Commission having been advised and hearings having been held therein Mellon Securities Corporation having by its Public Utilities Division that proposed to reduce its fees and compen­ from time to time and having been con­ numerous changes have taken place tinued to April 6,1943; and sation for all services connected with the Counsel for respondent having re­ since the commencement of said pro­ underwriting of the bonds issued by San quested that said date for reconvening ceeding, in the relationships of the. sev­ Antonio Public Service Company so that eral Respondents to International Utili­ its total compensation would not exceed of said hearing be extended to April 13, the compensation payable to an under­ 1943; and ties Corporation, including the resigna­ tion of P. M. Chandler, one of the Re­ writer whose participation was not in It appearing to the Commission that excess of 5% of the total offering, and said request should be granted; spondents, from his positions as Pres­ ident and as Chairman of the Board of upon the basis of such reduced fees, hav­ It is ordered, That the hearing in the ing moved the Commission for an order above matter be reconvened on April 13, international Utilities Corporation and dismissing the above-entitled proceed­ 1943, instead of April 6,1943, at the hour the disposition by International Utilities ings and releasing jurisdiction over such and place heretofore designated. Corporation of all its interest in Secur­ reduced compensation; and permitting By the Commission. ities Corporation General, an investment San Antonio Public Service Company to subsidiary of International Utilities Cor­ [seal! O rval L. D u B ois, pay to Mellon Securities Corporation the Secretary. poration and a respondent herein, and it sum of $2,728.37, which amounts is com­ appearing to the Commission that the puted at the rate applicable to a 5% par­ [P. R. Doc. 43-4502; Plied, March 24, 1943; said relationships which are the subject ticipation of the total offering; and 9:47 a. m.] matter of this proceeding have been so The Commission deeming it in the materially altered since the initiation of public interest and in thertnterest of in­ such proceeding that it is no longer ap­ vestors and consumers to dismiss the pending show cause order and to release [Pile No. 60-16] propriate that such proceeding be fur­ ther maintained; jurisdiction as to the payment of such P. M. Chandler, et al. reduced fees and compensation; It is hereby ordered, That this pro­ It is ordered, That the above-entitled ceeding be and the same hereby is dis­ ORDER DISMISSING PROCEEDING proceedings be and hereby are dismissed; missed, without prejudice to the Com­ and that jurisdiction be and hereby is At a regular session of the Securities mission’s right to review the record released over such reduced fees and com- and Exchange Commission held dt its herein made and, if circumstances in .pensation payable to Mellon Securities office in the City of Philadelphia, Penn­ connection therewith warrant, to insti­ Corporation. sylvania, on the 18th day of March, A. D. tute such further proceeding with respect By the Commission (Chairman Purcell 1943. to the respondents herein as may appear and Commissioners Healy, Burke and In the matter of P. M. Chandler, necessary or appropriate. O’Brien), Commissioner Pike being ab­ Chandler & Company, Inc., P. M. Chand­ By the Commission. sent and not participating. ler & Co., Inc., Securities Corporation [ seal] O rval L. D u B o is; [seal] O rval L. D uB ois, General, Burr & Company, Inc., Thad- Secretary. Secretary. deus Rich, as trustee for Marie Louise [P. R. Doc. 43-4500; Piled, March 24, 1943; [P. R. Doc. 43-4504; Filed, March 24, 1943; Chandler, Arthur Bayard Chandler, Ele­ 9:46 a. m.] 9:47 a. m.]