XNQNAL^ FEDERAL REGISTER 1934 ^ VOLUME 6 NUMBER 41

Washington, Friday, February 28, 1941

The President § 403.71 of said regulations is amended CONTENTS to read, as follows: THE PRESIDENT § 403.71 Manner of payment of in­ EXECUTIVE ORDER Executive Order: Page demnity. The indemnity under any in­ Jonesport, Maine, customs port Extending the Lim its of the Customs surance contract for which the Corpora­ of entry, limits extended—._ 1187 P ort of E ntry of J onesport, M aine, tion may be liable shall be paid by in Customs Collection District No. 1 immediate settlement in the cash equiv­ RULES, REGULATIONS, (Maine and New H ampshire) alent or by deferred settlement. The ORDERS insured may indicate in his statement in By virtue of the authority vested in proof of loss whether he wishes the in­ T itle 7—Agriculture: me by section 1 of the act of August 1, demnity to be paid by immediate settle­ Federal Crop Insurance Corpo­ 1914, 38 Stat. 609, 623 (U.S.C., title 19, ment in the cash equivalent or by de­ ration: sec. 2), it is ordered that the limits of ferred settlement, but the Corporation 1941 wheat crop insurance, in­ the customs port of entry of Jonesport, reserves the right to make payment in demnity regulations Maine, in Customs Collection District No. a form other than that indicated by the amended______1187 1 (Maine and New Hampshire), be, and insured. If the insured indicates that Surplus Marketing Administra­ they are hereby, extended to include the a deferred settlement is desired, the Cor­ tion: towns (townships) of Beals, Jonesboro, poration will issue a certificate of in­ Milk handling orders amend­ Roque Bluffs, and Machiasport, State of demnity to the insured indicating the ed, marketing areas: Maine. number of bushels of indemnity due and Fort Wayne, Ind______1189 This order shall become effective on the date of approval of the statement in Omaha-Nebraska------1189 the thirtieth day following the date proof of loss. This certificate of indem­ T itle 16—Commercial P ractices: hereof. nity may be used— Federal Trade Commission: F ranklin D R oosevelt Cease and desist orders: (a) To establish the cash equivalent The W hite H ouse, H & D Sales Co., et al____ 1190 February 25, 1941. of the indemnity; Hall, E. W______1190 (b) To secure a loan made available Jacobs Candy Co., Inc----- 1191 [No. 8695] by the Commodity Credit Corporation; T itle 17—Commodity and Secu­ or [P. R. Doc. 41-1417; Piled, February 26, 1941; rities Exchanges: 12:38 p. m.] (c) To secure a warehouse receipt if Securities and Exchange Com­ wheat is available. mission : § 403.72 of said regulations is amended Investment Company Act of ■ Rules, Regulations, Orders to read, as follows: 1940, underwriting of in­ dustrial issues______1191 § 403.72 Immediate payment of in­ T itle 30—Mineral R esources: demnity in the cash equivalent. Where TITLE 7—AGRICULTURE Bituminous Coal Division: an indemnity is paid in cash equivalent Little Valley Coal Co., mini­ CHAPTER IV—FEDERAL CROP by immediate settlement, the amount mum price schedule; re­ INSURANCE CORPORATION thereof shall be computed by multiplying lief granted______1192 [FCI-Regulations-101-W ] the amount of loss, in terms of bushels of wheat, of the class and grade specified NOTICES Part 403—1941 W heat Crop I nsurance for the payment of the premium for the R egulations insurance contract, by the price of such Department of Agriculture: wheat at the current basic market, as Surplus Marketing Administra­ PAYMENT OF INDEMNITY, AMENDMENTS tion: determined by the Corporation, less the Omaha-Council Bluffs Mar­ By virtue of the authority vested in the amount per bushel fixed by the Corpora­ Federal Crop Insurance Corporation by keting Area, handling of tion representing the price differential. m ilk (2 documents)____ 1204 the Federal Crop Insurance Act, ap­ The current basic market price for any proved February 16, 1938, as amended by Department of the Interior: Public Law No. 691, 75th Congress, ap­ class or grade of wheat at such basic Bituminous Coal Division: proved June 22, 1938, the Wheat Crop market shall be the basic market price, Berwind Fuel Co., et al., re­ Insurance Regulations1 are amended, as determined by the Corporation, for the lief granted______— 1198 follows: day when the claim for indemnity is Carrs Fork Coal Co., proceed­ approved for payment by the Cor­ ings dismissed______1198 16 P.R. 2253. poration. (Continued on next page) 1187 1188 FEDERAL REGISTER, Friday, February 28, 1941 CONTENTS—Continued day, the date of the next following busi­ ness day shall be used. Subject to the Navy Department—Continued provisions of paragraph (b), the certifi­ FEDERÄLÄREGISTER Contract summaries—Con. PaSe cate of indemnity shall not be assignable, ■V. I»3 « Sun Shipbuilding and Dry and the provisions of §§403.84, 403.86, Dock Co. (2 documents) _ 1197 403.87, 403.89 shall be applicable to all Turner Construction Co------1195 settlements effected by means of a cer­ Virginia Engineering Co------1194 tificate of indemnity; Published daily, except Sundays, Mondays, Securities and Exchange Commis­ and days following legal holidays by the (b) To secure a loan made available Division of the Federal Register, The National sion: by the Commodity Credit Corporation (if Archives, pursuant to the authority con­ Hearings: loans are made available with respect to tained in the Federal Register Act, approved Backstay Welt Co______1205 the 1941 wheat crop), in accordance with July 26, 1935 (49 Stat. 500), under regula­ Federal Water Service Corp., tions prescribed by the Administrative Com­ et al. (postponed)______1205 instructions issued by the Commodity mittee, approved by the President, Credit Corporation. The insured, on a The Administrative Committee consists of Stonewall Electric Co., et al., ap­ form prescribed by the Corporation, may. th e Archivist or Acting Archivist, an officer plication granted______1205 of the Department of Justice designated by War Department: at any time during the period of the loan, the Attorney General, and the Public Printer notify the Corporation that he desires or Acting Public Printer. Contract summaries: to liquidate such loan, and request that The daily issue of the F ederal R egister James, T. L., & Co., Inc_____ 1193 the cash equivalent of the indemnity be will be furnished by mail to subscribers, free Pressed Steel Car Co., Inc___ 1192 of postage, for $1.25 per m onth or $12.50 per established. The cash equivalent of the year; single copies 10 cents each; payable in indemnity will be established on the basis advance. Remit money order payable to the of the prices in effect on the date that Superintendent of Documents directly to the § 403.73 of said regulations is amended Governm ent Printing Office, W ashington, D. C. the request of the insured is received in to read, as follows: the appropriate branch office of the Cor­ § 403.73 Payment of indemnity by poration. The amount of the cash equiv­ deferred settlement. Where the insured alent shall be computed in the same man­ CONTENTS—Continued has indicated that a deferred settlement ner as is provided in paragraph (a). If Department of the Interior—Con. is desired, the Corporation will issue a the amount of the cash equivalent is not Bituminous Coal Division—Con. Pa§e certificate of indemnity to the insured sufficient to liquidate the loan and Cease and desist orders: indicating the number of bushels of in­ charges in connection therewith, the Magic City Coal Co------1202 demnity due and the date of approval Corporation shall notify the producer of Vande Ven, Geo______1202 of the statement in proof of loss. This this fact; District No. 8, relief denied— 1200 certificate of indemnity may be used: (c) To secure a warehouse receipt, if Hearings, etc.: (a) To establish the cash equivalent the Corporation determines that wheat is Consumers’ Counsel Divi­ of the indemnity, in which case the in­ available for the payment of the indem­ sion, et al______1197 sured shall give notice to the Corpora­ nity, at any time prior to the expiration District No. 10______1200 tion, by signing the certificate and re­ of the certificate of indemnity. Where District No. 11______1198 turning the same to the appropriate an indemnity is paid in wheat, payment Enos Coal Mining Co_____ 1201 branch office of the Corporation, that he shall be made in the form of a warehouse Georges Creek Coal Co____ 1198 desires his cash equivalent to be estab­ receipt representing flat wheat of the Jensen, G. B., Coal Co., et al_ 1201 lished. The cash equivalent shall be de­ number of bushels approved by the Cor­ Midland Electric Coal Corp_ 1197 termined in the manner provided in sec­ poration as the amount of loss or of such Wahl, René______1202 tion 72 except that (1) the basic market portion thereof as the insured may re­ Witherspoon, J. L______1202 price used shall be the basic market quest, and of the basic class and grade Office of Indian Affairs: price, as determined by the Corporation, specified for the payment of the premium Nevada, proclamation of an for the day when the certificate of in­ for the insurance contract, or its equiva­ Indian reservation_____ 1203 demnity is received in the appropriate lent in wheat of any other class, grade, or Federal Security Agency: branch office of the Corporation or the quality, as determined by the Corpora­ Food and Drug Administration: date of the expiration of the certificate tion. However, in any case where the Canned peaches, etc., stand­ of indemnity, whichever is earlier, and indemnity or any portion thereof is paid ards of quality; hearing_1204 (2) a deduction shall be made, in addition in wheat, a deduction will be made of a Navy Department : to the deduction of the price differential, number of bushels equal in value to the Contract summaries: of an amount per bushel, based on the deduction that would have been made Aberthaw Co______1196 length of time elapsing between the date under paragraph (a) had the indemnity Austin Co______1196 of approval of the statement in proof been paid in the cash equivalent. In the Brown & Root, et al______1193 of loss and the date the price used for event only a portion of the indemnity is Duval Engineering & Con­ computing the cash equivalent is estab­ paid in wheat, payment of the balance of tracting Co______1194 lished. Such deduction shall be at the the indemnity will be effected by the Fuller, George A., et al______1195 rate of one-half (V2) cent per bushel issuance to the insured of a new certifi­ Golden, M. H., and Trepte, for each fifteen (15) day period or frac­ cate of indemnity representing such bal­ Walter______1195 tion thereof after the first fourteen (14) ance. Settlements under this subsection Hardaway Contracting Co__ 1194 days which shall be free. The period will be made only if the request of the in­ Hawaiian Dredging Co., et al_ 1195 for computing this deduction shall begin sured is received by the Corporation prior Howland, Fred, and Quinn, with and include the day following the to the expiration date of the certificate of Jack, Inc______1194 date on which the statement in proof of indemnity. Hodges, H. M., & Karn______1195 loss is approved by the Corporation and Kidde, Walter, Constructors, shall end with and include the date on Adopted by the Board of Directors on Inc —______1196 which the prices used in computing the December 26,1940. McShain, John______1196 cash equivalent are based. The expira­ [seal] R. M. E vans, Snare, Frederick, Corp. (2 tion date of the certificate of indemnity Chairman. documents)______1193,1194 shall be the final date for the securing of Approved: February 26,1941. Spencer, White and Prentis wheat loans made available by the Com­ modity Credit Corporation or ninety (90) Claude R. W ickard, Inc., et al______1193 Secretary of Agriculture. Steers, J. Rich______1196 days after the date of issuance of the Stone and Webster Engineer­ certificate, whichever is later. If any of [F. R. Doc. 41-1470; Filed, February 27, 1941; ing Corp______1196 these dates fall on other than a business 11:36 a. m.] FEDERAL REGISTER, Friday, February 28, 1941 1189

CHAPTER IX—SURPLUS MARKET­ [Order No. 35, Amendment No. 1] milk, and that the minimum prices set ING ADMINISTRATION P art 935—M ilk in Omaha-Council forth in this amendment to said order Bluffs M arketing Area are such prices as will reflect such fac­ Part 932—Milk in P ort W ayne, I ndiana tors, insure a sufficient quantity of pure M arketing Area AMENDMENT NO. 1 TO THE ORDER REGULATING and wholesome milk, and be in the pub­ SUSPENSION OF CERTAIN PROVISIONS REGU­ THE HANDLING OF MILK IN THE OMAHA- lic interest; LATING THE HANDLING OF MILK COUNCIL BLUFFS MARKETING AREA (b) That the order, as hereby amended, regulates the handling of milk in the Whereas the Secretary of Agriculture Whereas the Secretary of Agriculture, pursuant to the powers conferred upon same manner as, and is applicable only of the United States of America, pursuant to handlers specified in the tentatively to the powers conferred upon the Secre­ the Secretary by Public Act No. 10, 73d Congress, as amended and as reenacted approved marketing agreement, as tary by Public Act No. . 10, 73d Congress, amended, upon which a hearing has been as amended and as reenacted and and amended by the Agricultural Mar­ keting Agreement Act of 1937, issued, held; and amended by the Agricultural Marketing (c) That the issuance of this amend­ Agreement Act of 1937, issued, effective effective April 5, 1939, an order regulat­ ing the handling of milk in the Omaha- ment to the order and all of its terms October 15, 1938, an order regulating the and conditions, as so amended, will tend handling of milk in the Port Wayne, In­ Council Bluffs marketing area; and Whereas the Secretary having reason to effectuate the declared policy of the diana, marketing area, and issued, effec­ act. tive September 1, 1939, an order, as to believe that the issuance of an amend­ amended,1 regulating the handling of ment to said order would tend to effec­ Now, therefore, the Secretary of Ag­ milk in the Fort Wayne, Indiana, mar­ tuate the declared policy of the act, gave, riculture, pursuant to the powers con­ keting area, and issued, effective Febru­ on the 26th day of November 1940, notice ferred upon him by Public Act No. 10, ary 15, 1940, amendment No. 1 to said of a public hearing which was held on the 73d Congress, as amended and as reen­ order, as amended; and 10th day of December 1940, at Omaha, acted and amended by the Agricultural Whereas the Secretary finds that the Nebraska, on a proposal to amend said Marketing Agreement Act of 1937, hereby provisions of said order, as amended, re­ order, and at said time and place con­ orders that the order regulating the lating to payments to “new producers” as ducted a public hearing at which all in­ handling of milk in the Omaha-Council defined in said order, as amended, ob­ terested parties were afforded an oppor­ Bluffs marketing area be and it hereby struct and do not tend to effectuate the tunity to be heard on the proposal to is amended as follows: declared policy of the act, and for that amend said order; and 1. Delete § 935.4 (a) (1) and substitute reason said provision should be sus­ Whereas after such hearing handlers therefor the following: pended: of more than fifty (50) percent of the (1) Class I milk—$2.25 per hundred­ Now, therefore, Claude R. Wickard, volume of milk covered by such order, weight: Provided, That with respect to Secretary of Agriculture of the United which is marketed within the Omaha- Class I milk disposed of by a handler un­ States of America, pursuant to the powers Council Bluffs marketing area, refused der a program approved by the Secretary conferred upon the Secretary by Public or failed to sign a tentatively approved for the sale or disposition of milk to low- Act No. 10,73d Congress, as amended and marketing agreement, as amended, regu­ income consumers, including persons on as reenacted and amended by the Agri­ lating the handling of milk in the same relief, the price shall be $1.80 per hun­ cultural Marketing Agreement Act of area in the same manner as said order, dredweight. as amended; and 1937, hereby finds that the sections of 2. Delete § 935.4 (a) (2) and substitute said order, as amended, hereinafter Whereas the requirements of section therefor the following: named obstruct and do not tend to effec­ 8c (9) of said act have been complied tuate the declared policy of the act, and with; and (2) Class II milk—$1.80 per hundred­ hereby suspends, effective February 1, Whereas the Secretary finds, upon the weight. 1941, §932.7 (b) (2), §932.8 (a) (2), and evidence introduced at the above-men­ 3. Delete in § 935.4 (a) (3) the phrase the phrase “other than milk represented tioned public hearing, said findings be­ “15 cents” and substitute therefor the by the amount subtracted in subpara­ ing in addition to the findings made upon phrase “25 cents.” graph (2) of this paragraph” in § 932.7 the evidence introduced at the original 4. Delete from the first sentence in (b) (5). hearing on said order, and being in addi­ § 935.8 (d) the phrase “Each handler” This order of suspension shall not tion to the other findings made prior to and substitute therefor the following: otherwise affect any of the other provi­ or at the time of the original issuance of On or before the 10th day after the end sions of said order, as amended, and shall said order (all of which findings are of each delivery period each handler. not be deemed to waive any violation of hereby ratified and affirmed save only as any of the provisions herewith suspended such findings are in conflict with the 5. Delete from the last sentence in if such violation occurred prior to Febru­ findings hereinafter set forth): 1 § 935.8 (d) the phrase “such cooperative ary 1, 1941. association” and substitute therefor the § 935.0 Findings (a) That the prices following: In witness whereof, Claude R. Wickard, calculated to give milk handled in said Secretary of Agriculture of the United marketing area a purchasing power On or before the 10th day after the States, has executed this order in dupli­ equivalent to the purchasing power of end of each delivery period such coopera­ cate, and has hereunto set his hand and such milk, as determined pursuant to tive association. caused the official seal of the Depart­ section 2 and section 8e of said act, are Now, therefore, Grover B. Hill, Acting ment of Agriculture to be affixed in the not reasonable in view of the prices of Secretary of Agriculture, acting under city of Washington, District of Columbia, feeds, the available supplies of feeds, and the provisions of Public Act No. 10, 73d this 27th day of February 1941. other economic conditions which affect Congress, as amended and as reenacted [seal] Claude R. W ickard, the market supply of and demand for and amended by the Agricultural Mar­ Secretary of Agriculture. keting Agreement Act of 1937, for the 1 Amendments to §§ 935.0, 935.4, and 935.8, purpose and within the limitations [F. R. Doc. 41-1466; Filed, February 27, 1941; issued under the authority contained in 48 therein contained and not otherwise, 11:35 a. m.] Stat. 31 (1933), 7 TT.S.C. 601 et seq. (1934) 49 Stat. 760 (1935); 50 Stat. 246 (1937); 7 U.S.C. hereby executes and issues in duplicate * 5 F JR. 665. 601 et seq. (Supp. IV 1938). this order under his hand and the official 1190 FEDERAL REGISTER, Friday, February 28, 1941 seal of the Department of Agriculture, in In the Matter of H & D Sales Company, [Docket No. 4330] the city of Washington, District of Co­ a Corporation, and Nathan J. Hübbard P art 3—D igest of Cease and Desist lumbia, on this 27th day of February 1941, and Arthur Easton Davis, Individually, O rders and declares this order to be effective on and as Officers of H & D Sales Company and after the 2d day of March 1941. IN THE MATTER OF E. W . HALL At a regular session of the Federal § 3.6 (t) Advertising falsely or mis­ [ seal] G rover B. H il l , Trade Commission, held at its office in the Acting Secretary of Agriculture. leadingly—Qualities or properties of City of Washington, D. C., on the 5th product: § 3.6 (x) Advertising falsely or [F. R. Doc. 41-1469; Filed, February 27, 1941; day of February, A. D. 1941. misleadingly — Results. Disseminating, 11:35 a. m.] This proceeding having been heard1 etc., in connection with offer, etc., of re­ by the Federal Trade Commission upon spondent’s Texas Wonder medicinal the complaint of the Commission and preparation, or any other substantially the answer of respondents, in which similar medicinal preparation, whether TITLE 16—COMMERCIAL PRACTICES answer respondents admit all the mate­ sold under the same or any other name, CHAPTER I—FEDERAL TRADE rial allegations of fact set forth in said any advertisements by means of United COMMISSION complaint and state that they waive all States mails, or in commerce, or by any intervening procedure and further hear­ means, to induce, etc., directly or indi­ [Docket No. 3956] ing as to said facts, and the Commission rectly, purchase in commerce, etc., of P art 3—D igest of Cease and D esist having made its findings as to the facts said preparation, which advertisements O rders and its conclusion that said respondents represent, directly or through inference, have violated the provisions of the Fed­ that said preparation is a cure or remedy IN THE MATTER OF H & D SALES COMPANY, eral Trade Commission Act; for inflammation of the bladder or kid­ ET AL. It is ordered, That the respondents neys, stones in the kidneys, tuberculosis § 3.99 (b) Using or selling lottery de­ H & D Sales Company, a corporation, its of the kidneys, or any other disorder of vice s—In merchandising. Supplying, officers, and Nathan J. Hubbard and the bladder or kidneys, or for diabetes, etc., in connection with offer, etc., in Arthur Easton Davis, individually, and as rheumatism, swollen joints, weak or lame commerce, of knives, fountain pens, pen officers of said H & D Sales Company, back, pains in the back or lumbago, or and pencil sets, cigarette lighters, flash­ respondents’ representatives, agents and that said preparation possesses any ther­ lights, watches and any other merchan­ employees, directly or through any cor­ apeutic value in the treatment of any of dise, others with any merchandise to­ porate or other device, in connection said ailments or conditions, in excess of gether with punchboards, push or pull with the offering for sale, sale and distri­ such slight symptomatic relief as it may cards or other lottery devices, which said bution of knives, fountain pens, pen and afford in cases of swollen joints and pains punchboards, push or pull cards or other pencil sets, cigarette lighters, flashlights, in the back, by reason of its properties as lottery devices are to be, or may be, used watches and any other merchandise in a mild diuretic, prohibited. (Sec. 5, 38 in selling or distributing such merchan­ commerce, as commerce is defined in the Stat. 719, as amended by sec. 3, 52 Stat. dise to the public, prohibited. (Sec. 5, Federal Trade Commission Act, do forth­ 112; 15 U.S.C., Supp. IV, sec. 45b) [Cease 38 Stat. 719, as amended by sec. 3, 52 with cease and desist from: and desist order, E. W. Hall, Docket 4330, Stat. 112; 15 U.S.C., Supp. IV, sec. 45b) (1) Supplying to or placing in the February 5, 1941] [Cease and desist order, H & D Sales hands of others any merchandise to­ At a regular session of the Federal Company, et al., Docket 3956, February gether with punchboards, push or pull Trade Commission, held at its office in 5, 19411 cards or other lottery devices, which said the City of Washington, D. C., on the § 3.99 (b) Using or selling lottery punchboards, push or pull cards or other 5th day of February, A. D. 1941. devices—In merchandising. Supplying, lottery devices are to be used, or may be This proceeding having been heard by etc., in connection with offer, etc., in used, in selling or distributing such mer­ the Federal Trade Commission upon the commerce, of knives, fountain pens, pen chandise to the public; complaint of the Commission and the an­ and pencil sets, cigarette lighters, flash­ (2) Supplying to or placing in the swer of the respondent, in which answer lights, watches and any other merchan­ hands of others, punchboards, push or respondent admits all the material alle­ dise, others with punchboards, push or pull cards, or other lottery devices, either gations of fact set forth in said com­ pull cards, or other lottery devices, either with assortments of merchandise or sep­ plaint and states that he waives all in­ with assortments of merchandise or sep­ arately, which said punchboards, push or tervening procedure and further hearing arately, which said punchboards, push or pull cards, or other lottery devices, are as to said facts, and the Commission pull cards, or other lottery devices, are to be used, or may be used, in selling having made its findings as to the facts to be, or may be, used in selling or dis­ or distributing such merchandise to the and its conclusion that said respondent tributing such merchandise to the pub­ public; has violated the provisions of the Fed­ lic, prohibited. (Sec. 5, 38 Stat. 719, as (3) Selling or otherwise disposing of eral Trade Commission Act; amended by sec. 3, 52 Stat. 112; 15 any merchandise by means of a game of It is ordered, That the respondent E. U.S.C., Supp. IV, sec. 45b) [Cease and B. Hall, individually and trading under chance, gift enterprise or lottery scheme. the name of E. W. Hall, or trading under desist order, H & D Sales Company et al., It is further ordered, That the respond­ Docket 3956, February 5, 19411 any other name or names, his representa­ ents shall within sixty (60) days after tives, agents, and employees, directly or § 3.99 (b) Using or selling lottery de­ service upon them of this order file with through any corporate or other device, in vices—In merchandising. Selling, etc., the Commission a report in writing set­ connection with the offering for sale, sale in connection with offer, etc., in com­ ting forth in detail the manner and form or distribution of his medicinal prepara­ merce, of knives, fountain pens, pen and in which they have complied with this tion known as Texas Wonder or any pencil sets, cigarette lighters, flashlights, order. other preparation of substantially similar watches and any other merchandise, any By the Commission. composition or possessing substantially merchandise by means of a game of [seal] O tis B. J ohnson, similar properties, whether sold under chance, gift enterprise or lottery scheme, Secretary. the same name or any other name, do prohibited. (Sec. 5, 38 Stat. 719, as forthwith cease and desist from directly amended by sec. 3, 52 Stat. 112; 15 U.S.C., [F. R. Doc. 41-1449; Filed, February 27, 1941; or indirectly: Supp. IV, sec. 45b) [Cease and desist 11:33 a. m.] order, H & D Sales Company, et al., 1. Disseminating or causing to be dis­ Docket 3956, February 5,19411 » 5 F.R. 4720. seminated any advertisement (a) by FEDERAL REGISTER, Friday, February 28, 1941 1191 means of the United States mails, or (b) means of a game of chance, gift enter­ in detail the manner and form in which by any means in commerce, as commerce prise or lottery scheme, prohibited. it has complied with this order. is defined in the Federal Trade Commerce (Sec. 5, 38 Stat. 719, as amended by sec. By the Commission. Act, which advertisement represents, di­ 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec. [seal] O tis B. J ohnson, rectly or through inference, that said 45b) [Cease and desist order, Jacobs Secretary. preparation is a cure or remedy for in­ Candy Company, Inc., Docket 3586, Feb­ [P. R. Doc. 41-1448; Filed, February 27, 1941; flammation of the bladder or kidneys, ruary 7, 1941] 11:33 a. m.] stones in the kidneys, tuberculosis of the § 3.99 (b) Using or selling lottery de­ kidneys, or any other disorder of the vices—In merchandising. Selling, etc., bladder or kidneys, or for diabetes, rheu­ in connection with offer, etc., in com­ matism, swollen joints, weak or lame merce, of candy and nut confections or TITLE 17—COMMODITY AND SECURI­ back, pains in the back or lumbago; that any other merchandise, any merchandise TIES EXCHANGES said preparation possesses any thera­ by means of a game of chance, gift en­ peutic value in the treatment of any of terprise or lottery scheme, prohibited. CHAPTER II—SECURITIES AND EX­ said ailments or conditions, in excess of (Sec. 5, 38 Stat. 719, as amended by sec. CHANGE COMMISSION such slight symptomatic relief as it may 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec. P art 270—I nvestment C ompany A ct of afford in cases of swollen joints and pains 45b) [Cease and desist order, Jacobs 1940 in the back, by reason of its properties as Candy Company, Inc., Docket 3586, Feb­ EXEMPTIONS RELATING TO PARTICIPATION BY a mild diuretic. ruary 7, 1941] INVESTMENT COMPANIES IN THE UNDER­ 2. Disseminating or causing to be dis­ At a regular session of the Federal WRITING OF INDUSTRIAL ISSUES. seminated any advertisement by any Trade Commission, held at its office in means for the purpose of inducing or the City of Washington, D. C., on the 7th Acting pursuant to the Investment which is likely to induce, directly or in­ day of February, A. D. 1941. Company Act of 1940, particularly sec­ directly, the purchase in commerce, as This proceeding having been heard by tions 6 (c), 10 (f) and 38 (a) thereof, and commerce is defined in the Federal Trade the Federal Trade Commission upon the deeming such action appropriate in the Commission Act, of said preparation, complaint of the Commission and the public interest and consistent with the which advertisement contains any of the answer of respondent, testimony and protection of investors and the purposes representations prohibited in Paragraph other evidence taken before Randolph fairly intended by the policy and pro­ 1 hereof. Preston and Arthur F. Thomas, exam­ visions of the Act, the Securities and iners of the Commission theretofore duly Exchange Commission hereby adopts It is further ordered, That the re­ designated by it, in support of the al­ §§ 270.10Ì-1 and 270.17a-l [Rules spondent shall within 60 days after serv­ legations of said complaint (respondent N-10F-1 and N-17A-1] to read as fol­ ice upon him of this order file with the having offered no proof in opposition lows: Commission a report in writing setting thereto), brief of counsel for the Com­ forth in detail the manner and form in § 270.10f-l Conditional exemption of mission (counsel for respondent having certain underwriting transactions. Any which he has complied with this order. filed no brief and oral argument not hav­ By the Commission. purchase or other acquisition by a regis­ ing been requested), and the Commis­ tered management company acting, pur­ [seal! Otis B. J ohnson, sion having made its findings as to the suant to a written agreement, as an un­ Secretary. facts and its conclusion that said re­ derwriter of securities of an issuer which [P. R. Doc. 41-1447; Piled, February 27, 1941; spondent has violated the provisions of is not an investment company shall be 11:33 a. m.] the Federal Trade Commission Act. exempt from the provisions of section It is ordered, That respondent, Jacobs. 10 (f) [Sec. 10, 54 Stat. 806] upon the Candy Company, Inc., a corporation, its following conditions: [Docket No. 3586] officers, representatives, agents and em­ ployees, directly or through any corporate (a) The party to such agreement other Part 3—Digest of Cease and D esist or other device, in connection with the than such registered company is a prin­ Orders offering for sale, sale and distribution of cipal underwriter of such securities, candy and nut confections, or any other which principal underwriter (1) is a IN THE MATTER OF JACOBS CANDY COMPANY, person primarily engaged in the business INC. merchandise in commerce as “commerce” is defined in the Federal Trade Commis­ of underwriting and distributing securi­ § 3.99 (b) Using or selling lottery de­ sion Act, do forthwith cease and desist ties issued by other persons, selling se­ vices—In merchandising. Selling, etc., from curities to customers, or related activi­ in connection wtih offer, etc., in com­ ties, whose gross income normally is de­ merce, of candy and nut confections or (1) Selling and distributing any mer­ rived principally from such business or any other merchandise, any merchan­ chandise so packed and assembled that related activities, and (2) does not con­ dise so packed and assembled that sales sales of said merchandise to the public trol or is not under common control with of said merchandise to the public are to are to be made or may be made by means such registered company. be, or may be, made by means of a game of a game of chance, gift enterprise or (b) No public offering of the securi­ of chance, gift enterprise or lottery lottery scheme. ties underwritten by such agreement has scheme, prohibited. (Sec. 5, 38 Stat. (2) Supplying to or placing in the been made prior to the execution thereof. 719, as amended by sec. 3, 52 Stat. 112; hands of others assortments of any mer­ (c) Such securities have been effec­ 15 U.S.C., Supp. IV, sec. 45b) [Cease chandise together with push or pull cards, tively registered pursuant to the Securi­ and desist order, Jacobs Candy Company, punch boards or other devices, or sep­ ties Act of 1933 [48 Stat. 74; U. S. C. Inc., Docket 3586, February 7, 1941] arately, which said push or pull cards, 77a-aa] prior to the execution of such § 3.99 (b) Using or selling lottery punch boards or other devices are to be agreement. devices—In merchandising. Supplying, used or may be used in selling or dis­ (d) In regard to any securities under­ etc., in connection with offer, etc., in com­ tributing said merchandise to the public written, whether or not purchased, by merce of candy and nut confections or by means of a game of chance, gift enter­ the registered company pursuant to such any other merchandise, others with prise or lottery scheme. agreement, such company shall be al­ assortments of any merchandise to­ (3) Selling or otherwise disposing of lowed a rate of gross commission, spread, gether with push or pull cards, punch any merchandise by means of a game of concession or other profit not less than boards or other devices, or separately, chance, gift enterprise or lottery scheme. the amount allowed to such principal which said push or pull cards, punch It is further ordered, That the respond­ underwriter, exclusive of any amounts boards, or other devices are to be, or ent shall, within sixty days after service received by such principal underwriter may be, used in selling or distributing upon it of this order, file with the Com­ as a management fee from other prin­ said merchandise to the public by mission a report in writing setting forth cipal underwriters. 1192 FEDERAL REGISTER, Friday, February 28, 1941 (e) Such agreement is authorized by dated October 19, 1940, temporarily The * * * Shell Forgings, resolution adopted by a vote of not less establishing for the coals of said mine, * * * mm. How. • * * *, to be than a majority of the board of directors price classification “E” in Size Groups 3, obtained by this instrument are author­ of such registered company, none of 4 and 5 for all shipments except truck, for ized by, are for the purpose set forth in, which majority is an affiliated person of movement to all market areas, and prices And are chargeable to the Procurement such principal underwriter, of the issuer of $2.25, $2.15 and $2.05 per net ton for Authority O. S. & S. A. ORD 6822 P ll- of the securities underwritten pursuant such coals for truck shipment to all 0270 A 1005-01, the available balance of to such agreement or of any person en­ market areas; and which is sufficient to cover the cost of gaged in a business described in para­ A hearing having been held before a same. graph (a) (1). duly designated Examiner of the Division This Contract, entered into this 31st (f) The resolution required in para­ at a Hearing Room of the Division, Roger day of December 1940. graph (e) shall state that it has been Smith Hotel, Washington, D. C. from Scope of this contract. The contrac­ adopted pursuant to this rule, and shall November 13 to 18, 1940; and tor shall furnish and deliver Shell Forg­ incorporate the terms of the proposed The Examiner having made Proposed ings, * * * mm. How. * * * agreement by attaching a copy thereof Findings of Fact and Conclusions of Law for the consideration of two million one as an exhibit or otherwise. in this matter, dated January 11, 1941; hundred and ninety-one thousand (g) A copy of the resolution required and ($2,191,000.00) dollars, in strict accord­ in paragraph (e), signed by each mem­ An opportunity having been afforded ance with the specifications, schedules ber of the board of directors of the regis­ to all parties to file exceptions thereto and drawings, all of which are made a tered company who voted in favor of its and supporting briefs, and no such ex­ part hereof. adoption, shall be transmitted to the ceptions or supporting briefs having been Commission not later than the fifth day filed; and Changes. Where the supplies to be succeeding the date on which such agree­ The Director having determined that furnished are to be specially manufac­ ment is executed. (Sec. 6, 54 Stat. 800: the Proposed Findings of Fact and Con­ tured in accordance with drawings and sec. 10, 54 Stat. 806: sec. 38, 54 Stat. 841) clusions of Law of the Examiner in this specifications, the contracting officer [Rule N-10F-1, effective February 26, matter should be approved and adopted may at any time, by a written order, and 19411 as the Findings of Fact and Conclusions without notice to the sureties, make of Law of the Director: changes in the drawings or specifications, § 270.17a-l Exemption of certain un­ It is ordered, That the said Proposed except Federal Specifications. Changes derwriting transactions exempted by Findings of Fact and Conclusions of Law as to shipment and packing of all sup­ § 270.10f-l IRule N-10F-U. Any trans­ of the Examiner be and the same hereby plies may also be made as above provided. action exempted pursuant to § 270.10f-l are approved and adopted as the Find­ Payments. The contractor shall be [Rule N-10F-1] shall be exempt from ings of Fact and Conclusions of Law of paid, upon the submission of properly the provisions of section 17 (a) (1) of the Director; and certified invoices or vouchers, the prices the Act [Sec. 17, 54 Stat. 8151. (Sec. 6, It is further ordered, That relief be, stipulated herein for articles delivered 54 Stat. 800; sec. 10, 54 Stat. 806; sec. 38, and the same hereby is granted as fol­ and accepted or services rendered, less 54 Stat. 841) [Rule N-17A-1, effective lows: commencing forthwith § 321.7 deductions, if any, as herein provided. February 26, 1941] (Alphabetical list of code members) is Payments will be made on partial deliv­ By the Commission. amended by adding thereto the Arrow eries accepted by the Government when [ s e a l ] F r a n c is P. B r a s s o r , Rockingham Mine of the Little Valley requested by the contractor, whenever Secretary. Coal Company, Mine Index No. 641, the such payments would equal or exceed [F. R. Doc. 41-1420; Filed, February 26, 1941; coals of such mine priced, for movement either $1,000 or 50 percent of the total 3:37 p. m.J to all Market Areas in Size Groups 3, 4, amount of the contract. and 5, For All Shipments Except Truck, Liquidated damages. If the Contrac­ in classification “E”; and § 321.24 (Gen­ tor refuses or fails to make delivery of TITLE 30—MINERAL RESOURCES eral prices) is amended by adding thereto the materials or supplies within the time in Size Groups 3, 4 and 5 prices 225, 215 specified in Article 1, or any extension CHAPTER n i — BITUMINOUS COAL and 205 per net ton, respectively, for thereof, the actual damage to the Gov­ DIVISION coals of the aforementioned mine; and ernment for the delay will be impossible [Docket No. A-116] It is further ordered, That, except to to determine, and in lieu thereof, the the extent indicated above, the prayers Contractor shall pay to the Government, P art 321—M inim um P rice S chedule, for relief in said original petition of Lit­ as fixed, agreed, and liquidated damages D istrict No. 1 tle Valley Coal Company be and the same * * . * percent of the contract price ORDER OF THE DIRECTOR APPROVING AND are hereby denied. of the undelivered portion for each day ADOPTING THE PROPOSED FINDINGS OF FACT Dated: February 26, 1941. of delay in making delivery beyond the AND CONCLUSIONS OF LAW OF THE EXAMI­ [ s e a l ] H. A. G r a y , dates set forth in the contract for deliv­ NER, AND GRANTING PERMANENT RELIEF IN Director. eries with a maximum liquidated dam­ THE MATTER OF THE PETITION OF LITTLE age charge of * * * percent, and [F. R. Doc. 41-1464; Filed, February 27, 1941; VALLEY COAL COMPANY FOR THE ESTAB­ 11:44 a. m.] the Contractor and his sureties shall be LISHMENT OF PRICE CLASSIFICATIONS AND liable for the amount thereof. MINIMUM PRICES FOR THE COALS OF ARROW Increased quantities. The Government ROCKINGHAM MINE, MINE INDEX NO. 641 Notices reserves the right to increase the quan­ An original petition, pursuant to sec­ tity on this contract by as much as * * * tion 4 II (d) of the Bituminous Coal Act percent, and at the Unit price specified of 1937 and Order No. 303 of the Bitumi­ WAR DEPARTMENT. in Article 1, such option to be exercised nous Coal Division, having been duly [Contract No. W-271-ORD-509] within * * * days from date of this contract. filed with the Division on October 10, S u m m a r y o f C o n t r a c t f o r S u p p l ie s 1940, by Little Valley Coal Company, a Termination when Contractor not in code member in District 1, seeking the c o n t r a c t o r : p r e s s e d s t e e l car c o m p a n y , default. This contract is subject to ter­ establishment of price classifications and INC. mination by the Government at any time minimum prices for the coals of the Contract for: * * * Shell Forg­ as its interests may require. Arrow Rockingham Mine (Mine Index ings, * * * mm. How. * * *. Performance bond. Contractors shall No. 641) ; and Amount: $2,191,000.00. be required to furnish a performance Temporary relief, pending final dispo­ Place: Chicago Ordnance District Offi­ bond in duplicate in the sum of ten per sition of this proceeding, having been cer, 309 West Jackson Boulevard, Chi­ centum of the total amount of this con­ granted by Order of the Acting Director, cago, Illinois. tract with surety or other security ac- FEDERAL REGISTER, Friday, February 28, 1941 1193 ceptable to the Government to cover the ceed, the contractor shall continue the an equitable settlement with the Contrac­ successful completion of this contract. work, in which event the actual damages tors under the contract in the case of Place of manufacture. The Contractor for the delay will be impossible to de­ such termination. Will perform the work under this contract termine and in lieu thereof the contractor L. B. C ombs, in the factory or factories listed below: shall pay to the Government as fixed, Acting Chief of Bureau. agreed, and liquidated damages for each Pressed Steel Car Company, Inc. calendar day of delay until the work is [F. R. Doc. 41-1424; Filed, February 27, 1941; Hegewisch Plant completed or accepted the amount as set 10:24 a. m.] Chicago, Illinois forth in the specifications or accompany­ Price adjustment. The contract price ing papers and the contractor and his stated in Article 1, is subject to adjust­ sureties shall be liable for the amount [NOy-4090] ment for changes in labor and materials thereof. S ummary of Contract for N aval Air costs. Payments to contractors. Unless S tation This contract is authorized by the Act otherwise provided in the specifications, of July 2, 1940 (Public, No. 703—76th partial payments will be made as the contractors: brow n & root, w . s . bel­ Congress). work progresses at the end of each calen­ lo w s, COLUMBIA CONSTRUCTION CO., P. O. BOX 866, CORPUS CHRISTI, TEXAS P rank W. B ullock, dar month, or as soon thereafter as Major, Signal Corps, practicable, on estimates made and ap­ On June 11, 1940, the Navy Depart­ Assistant to the Director of proved by the contracting officer. ment entered into a contract (NOy-4090) Purchases and Contracts. All material and work covered by par­ with Brown & Root, W. S. Bellows, Co­ tial payments made shall thereupon be­ lumbia Construction Co., Corpus Christi, [F. R. Doc. 41-1418; Filed, February 26, 1941; 2:37 p. m.] come the sole property of the Govern­ Texas, for Naval Air Station at Corpus ment. Christi, Texas, at an estimated cost of Upon completion and acceptance of $23,318,000 including a fixed fee of [Contract No. W-957-eng-266] all work required hereunder, the amount $1,200,000 payable to the Contractors. due the contractor under this contract The contract, among other things, Summary of Contract for C onstruction will be paid upon the presentation of a further provides that the Navy Depart­ contractor: t . l . JAMES & company, INC. properly executed and duly certified ment may at any time make changes in voucher therefor. approved drawings and/or specifications Contract for: Construction of Tem­ Appropriation: 21X0540.063 and and, if such changes or additions to or porary Housing Facilities, Oklahoma 21X0540.068. Construction of Buildings, omissions from the original project cause City Air Base. Utilities and Appurtenances at Military a material increase or decrease in the Amount: $1,458,828.00. Posts—No Year. amount or character of the work to be Place: Municipal Airport, Oklahoma This contract is authorized by the act done under the contract, or in the time City, Oklahoma. of June 26, 1940 (First Supplemental required for its performance, an equi­ The supplies and services to be ob­ National Defense Act, 1941). table adjustment in the amount of the tained by this instrument are authorized fixed fee to be paid to the Contractors by, are for the. purposes set forth in, F rank W. B ullock, Major, Signal Corps, shall be made and the contract shall be and are chargeable to procurement au­ modified accordingly. The contract also thorities below enumerated, the avail­ Assistant to the Director of Purchases and Contracts. contains provisions for the termination able balances of which are sufficient to of the contract by the Government and cover the cost thereof. [F. R. Doc. 41-1419; Filed, February 26, 1941; for an equitable settlement with the Con­ Eng 515 Pl-3200 A 0540.063-N 2:37 p. m.] tractors under the contract in the case Eng 516 Pl-3200 A 0540.068-N of such termination. (Except as indicated below) L. B. C ombs, Acting Chief of Bureau. This contract, entered into this 3d day NAVY DEPARTMENT. of February 1941. [F. R. Doc. 41-1426; Filed, February 27, 1941; Statement of toork. The contractor [NOy-4080] 10:24 a. m.] shall furnish the materials, and perform S ummary of C ontract for B reakwater the work for the construction of Tem­ contractors: Frederick snare corp., 114 porary Housing Facilities, Oklahoma [NOy-4100] City Air Base, Municipal Airport, Okla­ LIBERTY STREET, NEW YORK, NEW YORK homa City, Oklahoma, in strict accord­ On June 17, 1940, the Navy Depart­ S ummary of C ontract for S hipbuilding D ry D ocks ance with the specifications, schedules, ment entered into a contract (NOy-4080) and drawings, all of which are made a with Frederick Snare Corp, New York, contractors: spencer, w h it e and pr en - part hereof. New York, for breakwater at Naval Air TIS INC., FOLEY BROS. INC., MERRITT- Changes. The contracting officer may Station, Coco Solo, Canal Zone, at an esti­ CHAPMAN & SCOTT CORPS., C/O DRY DOCKS at any time, by a written order, and with­ mated cost of $2,840,000 including a fixed ASSOCIATES, 10 E. 40TH STREET, NEW YORK out notice to the sureties, make changes fee of $160,000 payable to the Contractor. CITY in the drawings and/or specifications The contract, among other things, fur­ On June 26,1940, the Navy Department of this contract and within the general ther provides that the Navy Department entered into a contract (NOy-4100) with scope thereof. may at any time make changes in ap­ Spencer, White and Prentis Inc., Foley Delays—Damages. If the contractor proved drawings and/or specifications Bros. Inc., Merritt-Chapman & Scott refuses or fails to prosecute the work, and, if such changes or additions to or Corps., c/o Dry Docks Associates, New or any separable part thereof, with such omissions from the original project cause York City for shipbuilding dry docks and diligence as will insure its completion a material increase or decrease in the accessories at Navy Yard, Norfolk, Va., within the time specified in article 1, or amount or character of the work to be and Navy Yard, Phila., Pa., at an esti­ any extension thereof, or fails to com­ done under the contract, or in the time mated cost of $17,000,000 including a fixed plete said work within such time, the required for its performance, an equitable fee of $825,000 payable to the Contrac­ Government, may, by written notice to adjustment in the amount of the fixed tors. the contractor, terminate his right to pro­ fee to be paid to the Contractors shall The contract, among other things, fur­ ceed with the work or such part of the be made and the contract shall be modi­ ther provides that the Navy Department work as to which there has been de­ fied accordingly. The contract also con­ may at any time make changes in ap­ lay. if the Government does not ter­ tains provisions for the termination of proved drawings and/or specifications minate the right of the contractor to pro­ the contract by the Government and for and, if such changes or additions to or 1194 FEDERAL REGISTER, Friday, February 28, 1941 omissions from the original project cause Air Station, Miami (Opa Locka) Florida [NOy-4158] a material increase or decrease in the at an estimated cost of $3,500,000 in­ S ummary of C ontract for Aviation amount or character of the work to be cluding a fixed fee of $157,500, payable S hore F acilities done under the contract, or in the time to the Contractors. required for its performance, an equitable The contract, among other things, fur­ contractor: Virginia engineering com­ adjustment in the amount of the fixed ther provides that the Navy Department pany, 330-28TH STREET, MELSON BLDG., fee to be paid to the Contractors shall may at any time make changes in ap­ NEWPORT NEWS, VIRGINIA be made and the contract shall be modi­ proved drawings and/or specifications On June 29, 1940, the Navy Depart­ fied accordingly. The contract also con­ and, if such changes or additions to or ment entered into a contract (NOy-4158) tains provisions for the termination of omissions from the original project cause with Virginia Engineering Company, the contract by the Government and for a material increase or decrease in the Newport News, Virginia for aviation an equitable settlement with the Con­ amount or character of the work to be shore facilities at Naval Air Station, Nor­ tractors under the contract in the case done under the contract, or in the time folk, Virginia at an estimated cost of of such termination. required for its performance, an equitable $13,700,000 including a fixed fee of $575,- L. B. C ombs, adjustment in the amount of the fixed 000 payable to the Contractor. Acting Chief of Bureau. fee to be paid to the Contractors shall The contract, among other things, [F. R. Doc. 41-1425; Filed, February 27, 1941; be made and the contract shall be modi­ further provides that the Navy Depart­ 10:24 a. m.] fied accordingly. The contract also con­ ment may at any time make changes in tains provisions for the termination of approved drawings and/or specifications the contract by the Government and for and, if such changes or additions to or [NOy-4130] an equitable settlement with the Contrac­ omissions from the original project cause tors under the contract in the case of a material increase or decrease in the S ummary of C ontract for Aviation such termination. amount or character of the work to be F acilities L. B. C ombs, done under the contract, or in the time contractors: HARDAWAY contracting Acting Chief of Bureau. required for its performance, an equita­ COMPANY, COLUMBUS, GEORGIA ble adjustment in the amount of the [F. R. Doc. 41-1431; Filed, February 27, 1941; On July 11, 1940, the Navy Department 10:25 a. m.] fixed fee to be paid to the Contractors entered into a contract (NOy-4130) with shall be made and the contract shall be Hardaway Contracting Company, Colum­ modified accordingly. The contract also bus, Georgia, for aviation facilities at [NOy-4132] contains provisions for the termination the Naval Air Station at Pensacola, of the contract by the Government and Florida, at an estimated cost of $4,000,- S ummary of C ontract for N aval Aviation for an equitable settlement with the Con­ 000, including a fixed fee of $165,000 pay­ S hore F acilities tractors under the contract in the case able to the Contractors. contractors: duval engineering & con­ of such termination. The contract, among other things, tracting CO., GEORGE D. AUCHTER CO.- L. B. C ombs, further provides that the Navy Depart­ BATSON-COOK CO., P. O. BOX 1859, JACK­ Acting Chief of Bureau. ment may at any time make changes in SONVILLE, FLORIDA [F. R. Doc. 41-1428; Filed, February 27, 1941; approved drawings and/or specifications On June 28, 1940, the Navy Depart­ 10:24 a. m.] and, if such changes or additions to or ment entered into a contract (NOy-4132) omissions from the original project cause with Duval Engineering & Contracting [NOy-4162] a material increase or decrease in the Co., George D. Auchter Co.-Batson-Cook amount or character of the work to be Co., Jacksonville, Florida for Naval Avia­ S ummary of C ontract for D efense and done under the contract, or in the time tion Shore Facilities at the Naval Air Aviation F acilities required for its performance, an equi­ Station, Jacksonville, Florida at an es­ contractor: Frederick snare corpora­ table adjustment in the amount of the timated cost of $12,786,000 including a tio n , 114 LIBERTY STREET, NEW YORK, fixed fee to be paid to the Contractors fixed fee of $525,000 payable to the Con­ N. Y. shall be made and the contract shall be tractors. On July 1, 1940, the Navy Department modified accordingly. The contract also The contract, among other things, fur­ entered into a contract (NOy-4162) with contains provisions for the termination ther provides that the Navy Department Frederick Snare Corporation, New of the contract by the Government and may at any time make changes in ap­ York, N. Y., for defense and aviation fa­ for an equitable settlement with the Con­ proved drawings and/or specifications cilities at Naval Air Station, Guan­ tractors under the contract in the case and, if such changes or additions to or tanamo, Cuba, at an estimated total cost of such termination. omissions from the original project cause of $5,190,000, including a fixed fee of L. B. C ombs, a material increase or decrease in the $225,000 payable to the Contractor. Acting Chief of Bureau. amount or character of the work to be The contract, among other things, fur­ [F. R. Doc. 41-1433; Filed, February 27, 1941; done under the contract, or in the time ther provides that the Navy Department 10:26 a. m.] required for its performance, an equi­ may at any time make changes in ap­ table adjustment in the amount of the proved drawings and/or specifications fixed fee to be paid to the Contractors and, if such changes or additions to or [NOy-4131] shall be made and the contract shall be omissions from the original project cause modified accordingly. The contract also a material increase or decrease in the S ummary of C ontract for Aviation contains provisions for the termination F acilities amount or character of the work to be of the contract by the Government and done under the contract, or in the time contractors: FRED HOWLAND, in c ., and jack for an equitable settlement with the Con­ required for its performance, an equi­ QUINN, INC., 1113-14 POSTAL BLDG., MIAMI, tractors under the contract in the case table adjustment in the amount of the FLORIDA of such termination. fixed fee to be paid to the Contractor On June 28,1940, the Navy Department L. B. C ombs, shall be made and the contract shall entered into a contract (NOy-4131) with Acting Chief of Bureau. be modified accordingly. The contract Fred Howland, Inc., and Jack Quinn, [F. R. Doc. 41-1427, Filed, February 27, 1941; also contains provisions for the termina­ Inc. for aviation facilities at the Naval 10:24 a. m.] tion of the contract by the Government FEDERAL REGISTER, Friday, February 28, 1941 1195 and for an equitable settlement with the mated total cost of $30,870,000 including [NOy-4187] Contractor under the contract in the a fixed fee of $1,600,000 payable to the S ummary of C ontract for C onstruction case of such termination. Contractors. The contract, among other things, fur­ contractor: h . m . hodges & karn, 4 8 ie L. B. Combs, W. PICO BOULEVARD, LOS ANGELES, CALI­ Acting Chief of Bureau. ther provides that the Navy Department may at any time make changes in ap­ FORNIA [P. R. Doc. 41-1442; Piled, February 27, 1941; 10:28 a. m.] proved drawings and/or specifications On July 6, 1940, the Navy Department and, if such changes or additions to or entered into a contract (NOy-4187) with omissions from the original project cause H. M. Hodges & Karn, Los Angeles, Cali­ [NOy-4163] a material increase or decrease in the fornia, for temporary housing at the amount or character of the work to be Marine Barracks, San Diego, California, Summary op Contract for C onstruction done under the contract, or in the time at an estimated total cost of $1,630,000 contractors: turner construction com­ required for its performance, an equi­ including a fixed fee of $70,000 payable pany, 420 LEXINGTON AVENUE, NEW YORK, table adjustment in the amount of the to the Contractor. N. Y. fixed fee to be paid to the Contractors The contract, among other things, On July 11,1940, the Navy Department shall be made and the contract shall be further provides that the Navy Depart­ entered into a contract (NOy-4163) with modified accordingly. The contract also ment may at any time make changes in Turner Construction Company, New contains provisions for the termination approved drawings and/or specifications York, New York, for the construction of of the contract by the Government and and, if such changes or additions to or storehouse and accessories at Navy Yard, for an equitable settlement with the Con­ omissions from the original project New York, N. Y. at an estimated total tractors under the contract in the case cause a material increase or decrease in cost of $4,000,000 including a fixed fee of of such termination. the amount or character of the work to $155,000, payable to the Contractors. L. B. C ombs, be done under the contract, or in the The contract, among other things, Acting Chief of Bureau. time required for its performance, an equitable adjustment in the amount of further provides that the Navy Depart­ [F. R. Doc. 41-1441; Filed, February 27, 1941; ment may at any time make changes in 10:28 a. m.] the fixed fee to be paid to the Contractor approved drawings and/or specifications shall be made and the contract shall be and, if such changes or additions to or modified accordingly. The contract also omissions from the original project cause [NOy-4175] contains provisions for the termination a material increase or decrease in the of the contract by the Government and amount or character of the work to be S ummary of C ontract for Aviation S hore for an equitable settlement with the done under the contract, or in the time F acilities Contractor under the contract in the required for its performance, an equit­ contractors: GEORGE a. fuller company case of termination. ombs able adjustment in the amount of the AND MERRITT-CHAPMAN AND SCOTT CORPO­ L. B. C , fixed fee to be paid to the Contractors RATION, 57TH STREET AND MADISON AVE­ Acting Chief of Bureau. shall be made and the contract shall be NUE, NEW YORK, N. Y. [F. R. Doc. 41-1435; Filed, February 27, 1941; modified accordingly. The contract also 10:26 a. m.] contains provisions for the termination of On July 1, 1940, the Navy Department the contract by the Government and for entered into contract (NOy-4175) with an equitable settlement with the Con­ George A. Fuller Company and Merritt- [NOy-4205] tractors under the contract in the case Chapman and Scott Corporation, New S ummary of C ontract for Aviation of such termination. York, New York, for aviation shore facil­ S hore F acilities L. B. C ombs, ities at the Naval Air Station, Quonset Acting Chief of Bureau. Point, Rhode Island, at an estimated contractors: m . h . golden and Walter total cost of $24,204,000 including a fixed TREPTE, 531 BANK OF AMERICA BUILDING, [F. R. Doc. 41-1432; Filed, February 27, 1941; 10:25 a. m.] fee of $1,050,000 payable to the Con­ SAN DIEGO, CALIFORNIA tractors. On July 6, 1940, the Navy Department The contract, among other things, fur­ entered into a contract (NOy-4205) with ther provides that the Navy Department [NOy-4173] M. H. Golden and Walter Trepte, San may at any time make changes in ap­ Diego, California, for additional aviation S ummary of C ontract for C onstruction proved drawings and/or specifications shore facilities at the Naval Air Station, contractors: Hawaiian dredging company, and, if such changes or additions to or San Diego, California, at an estimated LIMITED; RAYMOND CONCRETE PILE COM­ omissions from the original project cause total cost of $3,666,000 including a fixed PANY; TURNER CONSTRUCTION COMPANY; a material increase or decrease in the fee of $145,000 payable to the Contractors. MORRISON-KNUDSEN COMPANY, INC., AND amount or character of the work to be The contract, among other things, J . H. POMEROY AND COMPANY, INC., 4 2 0 done under the contract, or in the time further provides that the Navy Depart­ LEXINGTON AVENUE, NEW YORK CITY, NEW required for its performance, an equitable ment may at any time make changes in YORK adjustment in the amount of the fixed approved drawings and/or specifications fee to be paid to the Contractors shall On July 1, 1940, the Navy Department and, if such changes or additions to or be made and the contract shall be modi­ omissions from the original project cause entered into a contract (NOy-4173) with fied accordingly. The contract also con­ the Hawaiian Dredging Company, Lim­ a material increase or decrease in the tains provisions for the termination of amount or character of the work to be ited; Raymond Concrete Pile Company; the contract by the Government and for Turner Construction Company; Morri- done under the contract, or in the time an equitable settlement with the Contrac­ required for its performance, an equitable son-Knudsen Company, Inc., and J. H. tors under the contract in the case of Pomeroy and Company, Inc., New York adjustment in the amount of the fixed fee City, New York, for aviation facilities, termination. to be paid to the Contractors shall be dredging, buildings and accessories, quay L. B. C ombs, made and the contract shall be modified wall, berms and oil and gasoline storage Acting Chief of Bureau. accordingly. The contract also contains at the Naval Air Station, Pearl Harbor, [F. R. Doc. 41-1440; Filed, February 27, 1941; provisions for the termination of the Hawaii and Pacific Islands at an esti- 10:28 a. m.] contract by the Government and for an No. 41------2 1196 FEDERAL REGISTER, Friday, February 28, 1941 equitable settlement with the Contractors required for its performance, an equi­ The contract, among other things, fur­ under the contract in the case of ter­ table adjustment in the amount of the ther provides that the Navy Department mination. fixed fee to be paid to the Contractors may at any time make changes in ap­ L. B. C ombs, shall be made and the contract shall proved drawings and/or specifications Acting Chief of Bureau. be modified accordingly. The contract and if such changes or additions to or also contains provisions for the termina­ omissions from the original project cause [F. R. Doc. 41-1434; Filed, February 27, 1941; 10:26 a. m.] tion of the contract by the Government a material increase or decrease in the and for an equitable settlement with the amount or character of the work to be Contractors under the contract in the done under the contract, or in the time case of termination. required for its performance, an equita­ [NOy-4206] L. B. C ombs, ble adjustment in the amount of the S ummary of C ontract for C onstruction Acting Chief of Bureau. fixed fee to be paid to the Contractors shall be made and the contract shall be contractor: j . rich steers, INC., # 1 7 bat­ [F. R. Doc. 41-1438; Filed, February 27, 1941; tery PLACE, NEW YORK, N. Y. 10:27 a. m.] modified accordingly. The contract also contains provisions for the termination On July 8, 1940, the Navy Department of the contract by the Government and entered into a contract (NOy-4206) with for an equitable settlement with the Con­ J. Rich Steers, Inc., New York, N. Y., for [NOy-4218] tractors under the contract in the case building ways and facilities for armored S ummary of C ontract for Construction of such termination. decks at the Navy Yard, New York, N. Y., CONTRACTOR: STONE AND WEBSTER ENGI­ L. B. C ombs, at an estimated total cost of $1,775,000 Acting Chief of Bureau. including a fixed fee of $88,000 payable NEERING CORPORATION, 90 BROAD STREET, to the Contractors. NEW YORK, N. Y. [F. R. Doc. 41-1429; Filed, February 27, 1941; The contract, among other things, fur­ On July 10,1940, the Navy Department 10:25 a. in.] ther provides that the Navy Department entered into a contract (NOy-4218) with may at any time make changes in ap­ Stone and Webster Engineering Corpo­ proved drawings and/or specifications ration, New York, N. Y., for improve­ [NOy-4243] and, if such changes or additions to or ment of power plant at the Navy Yard, S ummary of C ontract for C onstruction omissions from the original project cause Boston, Mass, and Submarine Base New a material increase or decrease in the contractor: Walter kidde constructors, London, Conn, at an estimated total INCORPORATED, 140 CEDAR STREET, NEW amount or character of the work to be cost of $625,000 including a fixed fee of YORK, N. Y. done under the contract, or in the time $31,850 at Boston; and at an estimated required for its performance, an equita­ total cost of $700,000 including a fixed On July 18,1940, the Navy Department ble adjustment in the amount of the fee of $33,150 at New London, the fixed entered into a contract (NOy-4243) with fixed fee to be paid to the Contractors fees being payable to the Contractors. Walter Kidde Constructors, Inc., New shall be made and the contract shall be The contract, among other things, York, N. Y. for the construction of sub- modified accordingly. The contract also further provides that the Navy Depart­ assembly shop, improvements of shop contains provisions for the termination ment may at any time make changes in buildings and steel storage runways at of the contract by the Government and approved drawings and/or specifications the Navy Yard, New York, N. Y. at an for an equitable settlement with the Con­ and, if such changes or additions to or estimated total cost of $1,520,000, includ­ tractors under the contract in the case omissions from the original project cause ing a fixed fee of $70,000, payable to the of termination. a material increase or decrease in the Contractors. L. B. C ombs, amount or character of the work to be The contract, among other things, Acting Chief of Bureau. done under the contract, or in the time further provides that the Navy Depart­ [F. R. Doc. 41-1436; Filed, February 27, 1941; required for its performance, an equita­ ment may at any time make changes in 10:27 a. m.] ble adjustment in the amount of the approved drawings and/or specifications fixed fee to be paid to the Contractors and, if such changes or additions to or shall be made and the contract shall be omissions from the original project cause [NOy-4210] modified accordingly. The contract also a material increase or decrease in the contains provisions for the termination amount or character of the work to be S ummary of C ontract for C onstruction of the contract by the Government and done under the contract, or in the time contractor: th e Au st in company, 16112 for an equitable settlement with the required for its performance, an equi­ EUCLID AVENUE, CLEVELAND, OHIO Contractors under the contract in the table adjustment in the amount of the case of such termination. fixed fee to be paid to the Contractors On July 11, 1940, the Navy Depart­ shall be made and the contract shall be ment entered into a contract (NOy-4210) L. B. Combs, modified accordingly. The contract also with The Austin Company, Cleveland, Acting Chief of Bureau. contains provisions for the termination Ohio, for aviation, ammunition, and fuel [F. R. Doc. 41-1437; Filed, February 27, 1941; of the contract by the Government and storage facilities at the Naval Air Sta­ 10:27 a. m.] for an equitable settlement with the tion, Seattle, Washington; Naval Air Contractors under the contract in the Station, Tongue Point, Oregon; Naval case of such termination. Ammunition Depot, Indian Island, [NOy-4229] L. B. C ombs, Washington; Naval Fuel Depot, Middle Acting Chief of Bureau. and Orchard Points, Washington, at an S ummary of C ontract for C onstruction estimated total cost of $7,300,000 includ­ [F. R. Doc. 41-1430; Filed, February 27, 1941; CONTRACTOR: JOHN MCSHAIN, INC., 3 WEST 10:25 a. m.] ing a fixed fee of $305,000 payable to the FRANKLIN STREET, BALTIMORE, MARYLAND Contractors. The contract, among other things, On July 11,1940, the Navy Department further provides that the Navy Depart­ entered into a contract (NOy-4229) with [NOy-4236] ment may at any time make changes in John McShain, Inc., Baltimore, Mary­ S ummary of C ontract for C onstruction approved drawings and/or specifications land, for construction of aviation and CONTRACTOR: ABERTHAW COMPANY, 80 FED- and, if such changes or additions to or Marine Corps facilities at the Marine FEDERAL STREET, BOSTON, MASSACHUSETTS omissions from the original project cause Barracks, Quantico, Virginia at an esti­ a material increase or decrease in the mated total cost of $1,460,250, including a On July 18, 1940, the Navy Depart­ amount or character of the work to be fixed fee of $66,000 payable to the Con­ ment entered into a contract (NOy-4236) done under the contract, or in the time tractors. with Aberthaw Company, Boston, Mass., FEDERAL REGISTER, Friday, February 28, 1941 1197 for shipway, barracks, extensions of increased costs due to approved overtime titled matter, heretofore scheduled for 10 buildings, and accessories at the Navy or shift work, or both, and the estimated o’clock in the forenoon of February 26, Yard, Portsmouth, New Hampshire, at cost and fixed fee payable to the con­ 1941, be continued until a date after an estimated total cost of $1,085,000, in­ tractor are also subject to adjustment for March 5, 1941, and having shown good cluding a fixed fee of $45,000 payable changes in the plans and specifications, cause why such a continuance should be to the Contractors. which may be ordered by the Navy De­ ordered; The contract, among other things, fur­ partment during the course of con­ Now, therefore, it is ordered, That the ther provides that the Navy Department struction. hearing in the above-entitled matter be, may at any time make changes in ap­ S. M . R obinson, and it hereby is, continued until March proved drawings and/or specifications Chief of Bureau. 6, 1941, at the same time and place here­ and, if such changes or additions to or [F. R. Doc. 41-1422; Filed, February 27, 1941; tofore designated, and before the officers omissions from the original project 10:23 a. m.] previously designated to preside at said cause a material increase or decrease in hearing. the amount or character of the work to Dated: February 26, 1941. be done under the contract, or in the [NOd-1616] [seal] H . A. G ray, time required for its performance, an Director. equitable adjustment in the amount of S ummary of C ontract for Additional the fixed fee to be paid to the Contrac­ P lant F acilities [F. R. Doc. 41-1450; Filed, February 27, 1941; 11:40 a. m.] tors shall be made and the contract shall contractor: sun shipbuilding and dry be modified accordingly. The contract DOCK COMPANY, CHESTER, PENNSYL­ also contains provisions for the termi­ VANIA nation of the contract by the Govern­ F ebruary 13, 1941. [Docket No. A-342] ment and for an equitable settlement Under date of December 16, 1940, the with the Contractors under the contract Navy Department entered into a contract P etition of the C onsumers’ C ounsel in the case of such termination. with Sun Shipbuilding and Dry Dock D iv isio n for a P ermanent O rder E qualizing M in im u m P rices for S h ip ­ L. B. C ombs, Company for the acquisition, construc­ Acting Chief of Bureau. tion, and installation of additional plant m ent All-R ail and as Lake C argo F rom D istricts 4, 7 and 8 to M arket A rea 21, facilities at the plant of that company [F. R. Doc. 41-1439; Filed, February 27, 1941; and for a T emporary O rder R educing 10:27 a. m.] at Chester, Pennsylvania, at a total esti­ mated cost, including a reserve for con­ M in im u m P rices F rom S aid D istricts tingencies, of $2,783,709. for S h ipm e n t All -R ail to S aid M ar­ k et A rea U n til J anuary 1, 1941, P u r­ The contract is in general accordance suant to S ection 4 I I (d) of th e Bureau of Ships. with the Bureau of Ships—National De­ B itu m ino u s C oal A ct of 1937 [NOd-1615] fense Type, Emergency Plant Facilities S ummary of C ontract for C onstruction contract form for prime contractors. [Docket No. A-650] Upon proper certification of the costs P e t itio n of D istrict B oard N o. 7 for R e ­ contractor: sun shipbuilding and dry borne by the contractor in connection DOCK COMPANY, CHESTER, PENNSYLVANIA v ision of th e E ffective M in im u m with the construction of the additional P rices for D omestic S ize C oals W h en F ebruary 13, 1941. facilities, the contractor is to be reim­ S h ipped as L ake C argo F rom D istricts Under date of December 16, 1940, the bursed by the Navy in sixty (60) equal 1 T hrough 4 and 6 T hrough 8 to C er­ Navy Department entered into a contract monthly installments beginning after tain D estinations in M arket Area 21, with Sun Shipbuilding and Dry Dock completion of the construction work. A P ursuant to S ection 4 II (d) of th e Company for the construction of three provision in the contract gives either the B itu m in o u s C oal A ct of 1937 (3) destroyer tenders and three (3) sea­ Government or the contractor the right plane tenders, at its plant at Chester, to terminate the contract under certain NOTICE OF AND ORDER FOR POSTPONEMENT OF Pennsylvania, on a cost-plus-a-fixed-fee conditions, with an equitable basis of HEARING settlement. basis, the estimated cost per vessel of the The original petitioner in Docket No. destroyer tenders, exclusive of the fixed S. M. R obinson, A-650 having moved that the consoli­ fee of $759,000 per vessel payable to the Chief of Bureau. dated hearing in the above-entitled contractor, being $12,650,000, and the es­ [F. R. Doc. 41-1423; Filed, February 27, 1941; matters, heretofore scheduled for Febru­ timated cost per vessel of the seaplane 10:23 a. m.] ary 24, 1941, be postponed until March tenders, exclusive of the fixed fee of 6, 1941, and having shown good cause $750,000 per vessel payable to the con­ why such a postponement should be tractor, being $12,500,000. ordered; The above contract contains provision DEPARTMENT OF THE INTERIOR. Now, therefore, it is ordered, That the for the suspension, termination, and can­ Bituminous Coal Division. hearing in the above-entitled matters, cellation of the contract, with an equi­ heretofore scheduled for February 24, table basis for settlement, in order to [Docket No. A-88] 1941, be postponed until 10 o’clock in the safeguard the Government’s interest, P et itio n of M idland E lectric C oal C or­ forenoon of March 6, 1941, at the place should the public exigency require such poration, a C ode M ember in D istrict heretofore designated and before the action. In the event of termination due No. 10, P ursuant to S ection 4 II (d) officers previously duly designated to to the fault of the contractor, the Gov­ of the B itu m ino u s C oal A ct of 1937, preside. ernment may complete the construction for T emporary and P ermanent O rder of the vessels for the contractor’s The time for filing petitions of inter­ account. P roviding for C oordination of P rices vention in the above-entitled matters is for R ailroad F uel to the M inneapolis hereby extended until March 1, 1941. The contractor is to receive a bonus and S t . Lo uis R ailroad C ompany F rom Dated: February 26, 1941. payment not to exceed a specified maxi­ the M iddle G rove M in e of P etitioner mum amount for a reduction in cost be­ [seal] H. A. G ray, low the estimated amount and for early NOTICE OF AND ORDER FOR CONTINUANCE Director. delivery. The amount to be paid the Intervener District Board 10 having [F. R. Doc. 41-1451; Filed, February 27, 1941; contractor is subject to adjustment for moved that the hearing in the above-en­ 11:40 a. m.] 1198 FEDERAL REGISTER, Friday, February 28, 1941

[Docket No. A-383] [Docket No. A-410] O utstanding C ontracts in A ccordance W it h T h eir T erms P etition of D istrict B oard 11 for the P e t it io n o f G eorges C reek C oal C om ­ E stablishment of P rice Classifica­ pa n y , a P roducer in D istr ic t 8, for ORDER GRANTING TEMPORARY RELIEF TO tions and M inim um P rices for the R eclassification in S ize G roups BERWIND FUEL COMPANY Coals of the Chinook M ine of Ayr­ 18-21, P ursuant to S ection 4 II (d) By an order dated December 30, 1940, shire P atoka Collieries Corporation, of th e B itu m in o u s Coal A ct of 1937 and issued pursuant to section 4 II (b) Not H eretofore Classified and P riced, ORDER CONTINUING HEARING of the Bituminous Coal Act of 1937 (the P ursuant to Section 4 II (d) of the “Act”), the Director of the Bituminous B ituminous Coal Act of 1937 Petitioner having moved that the hear­ ing in the above-entitled matter, hereto­ Coal Division instituted this proceeding [Docket No. A-388] fore scheduled for February 25, 1941, be at the instance of certain operators of coal docks, located on the west bank of P etition of District Board 11 for the continued for a period of sixty (60) days, and there having been no opposition Lake Michigan and the American side of E stablishment of P rice Classifica­ Lake Superior, in which bituminous coal tions and Minim um P rices for Size thereto; Now, therefore, it is ordered, That the purchased and delivered in cargo lots is G roups 30 to 32, W ater D edusted stored for subsequent resale, generally in Sizes, M ine I ndex 6, F ayette M ine, hearing in the above-entitled matter is continued until 10 o’clock in the forenoon not less than cargo or carload lots. Prior Snow H ill Coal Corporation, H ereto­ to December 30, 1940, these operators of fore U nclassified and U npriced, P ur­ of April 25, 1941, at the place heretofore designated and before the officers previ­ docks1 (the “Dock operators”) who con­ suant to Section 4 n (d) of the B itu­ stitute “distributors” within the meaning minous Coal Act of 1937 ously designated to preside. Dated: February 26, 1941. of section 4 n (h) of the Act, and are [Docket No. A-391] thus required to maintain and observe [seal] H. A. G ray, the effective minimum prices and mar­ P etition of District B oard 11 for the Director. E stablishment of P rice Classifica­ keting rules and regulations promulgated tions and M inimum P rices for Size [F. R. Doc. 41-1455; Filed, February 27, 1941; by this Division pursuant to section 4 II G roups 17 to 25, M ine Index 82, 11:41 a. m.] (a) and (b) of the Act, had addressed Staunton M in e, T o Be W ashed at to the Director certain communications Chinook M in e, Ayrshire P atoka Col­ requesting the issuance of temporary and lieries Corporation, H eretofore Un - [Docket No. A-428] final orders permitting them to fulfill CLASSFIED AND UNPRICED, PURSUANT TO P et itio n of C arrs F ork Coal C ompany, after October 1, 1940 (the date upon S ection 4 I I (d) of the Bituminous a C ode M ember P roducer W it h in D i s ­ which this Division established minimum Coal Act of 1937 trict No. 8 on B ehalf of S earles prices and marketing rules and regula­ tions) the terms of certain specified con­ [Docket No. A-437] B rothers, T oledo, O h io , a C onsumer W h o R egularly B u y s and R eceives tracts for the sale and delivery of coal P etition of District Board 11 for the C oal in C arload Q uantities B ut W ho entered into before October 1, 1940, even E stablishment of P rice Classifica­ D oes N ot H ave P hysical R ailway or though the contract prices are lower than tions and Minim um P rices for the W aterway C onnections for R eceiving the effective minimum prices applicable C oals of Mine I ndex 117, J ulian Min e , C oal, for th e R ight to P urchase S uch to the coals in question.2 In support of S tandard Coal Company, N ot H ereto­ C oal at th e I ndustrial P rice such requests it was set forth that the fore Classified and P riced, P ursuant contracts in question had been entered ORDER CONSENTING TO WITHDRAWAL OF to Section 4 II (d) of the B ituminous into in good faith prior to October 1, PETITION Coal Act of 1937 1940, and that the coals required to fill Upon the request of the original peti­ them had been completely or largely de­ NOTICE OF AND ORDER POSTPONING HEARING tioner in the above-entitled matter, the livered to and stored by the dock opera­ The original petitioner in the above- Director hereby vacates the order grant­ tors prior to that date; that the business entitled matters having moved that the ing temporary relief in this matter and and competitive status of the dock op- hearings therein, heretofore scheduled for consents to the withdrawal of the peti­ iThe dock operators in question are: Ber­ February 26, 1941, be postponed until tion and to the dismissal of the proceed­ wind Fuel Company, Carnegie Dock and Fuel April 24, 1941, and having shown good ings herein; accordingly Company, Clarkson Coal Company, Cleveland- cause why such postponement should be It is so ordered. Cliffs Dock Company, Great Lakes Coal & Dated: February 26, 1941. Dock Company, Hickman-Williams & Com­ ordered; pany, Inland Coal & Dock Company, Northern Now, therefore, it is ordered, That, the [seal] H. A. G ray, Coal & Dock Company, North Western Fuel hearings in the above-entitled matters, Director. Company, M. A. Hanna Coal & Dock Company, Philadelphia & Reading Coal & Iron Com­ be postponed from February 26, 1941, [F. R. Doc. 41-1462; Filed, February 27, 1941; pany, Pickands, Mather & Company, Pitts­ until 10 o’clock in the forenoon of April 11:43 a. m.] burgh Coal Company of Wisconsin, Cleveland 24, 1941, at the offices of the Bituminous Cliffs Iron Company, Milwaukee Western Fuel Company, Youghiogheny & Ohio Coal Com­ Coal Division, 734 Fifteenth Street NW., pany, Milwaukee Fuel & Dock Company, Wis­ Washington, D. C., before the officers pre­ [Docket No. A-530] consin Ice & Coal Company, United Coal & viously designated to preside at said Dock Company, Arthur Kuesel Coal Company, hearings. P roposed R evision of th e E ffective Leszczynski Fuel Company, Wisconsin Great M in im u m P rices Applicable to S ales Lakes Coal & Dock Company, and Schneider The time for filing petitions of inter­ or D eliveries of Coal by B erw ind Fuel and Supply Company. 2 Subsection 4 n (e) of the Act provides, vention in the above-entitled matters is F uel Company, C arnegie D ock and hereby extended until April 19, 1941. inter alia: “No coal subject to the provisions F uel C ompany, and C ertain O ther of this section shall be sold or delivered or Dated: February 26, 1941. D istributors or C ode M em bers, and offered for sale at a price below the minimum [seal] H. A. G ray, T h eir S ubsidiaries or Affil ia t es, O p ­ or above the maximum therefor established Director. by the Commission, and the sale or delivery erating D ocks L ocated on L ake S u ­ or offer for sale of coal at a price below sucn perior and Lake M ichigan, so as T o minimum or above such maximum shall con­ [F. R. Doc. 41-1456; Filed, February 27, 1941; stitute a violation of the code:” 11:41 a. m.] P erm it th e P erformance of C ertain FEDERAL REGISTER, Friday, February 28, 1941 1199

erators and the good-will of their cus­ waukee Fuel & Dock Company, Schneider ginia 2" x 0 screenings delivered after tomers would be injured unless they were Fuel & Supply Company, United Coal & October 1, 1940. enabled to fulfill contracts specified in Dock Company, Wisconsin Great Lakes Applying the 50-cent dock-handling the communications. In particular, these Coal & Dock Company, Wisconsin Ice & charge considered in General Docket No. communications stressed the competition Coal Company, Youghiogheny & Ohio 15 to afford an illustrative and reason­ to which the communicants are subject Coal Company, Pittsburgh Coal Com­ able basis for the coordination of ex-dock from a number of operators of similarly pany of Wisconsin, Milwaukee-Western coals with all-rail coals from Minimum located docks who have not registered Fuel Company, Carnegie Dock & Fuel Price Area 2 in industrial sizes, Berwind with the Division under its Rules and Company, Berwind Fuel Company; would thus be required to charge, f. o. b. Regulations for the Registration of Northwest Paper Company, and Wood railroad cars at its dock, not less than Distributors.3 Conversion Company, consumers; and $5.00 for the Island Creek 5" x 0 re­ Thereafter, the Director issued the the Consumers’ Counsel. sultant coal and at least $4.40 for the aforementioned Order of December 30, All parties and interested persons were Southern West Virginia Island Creek 1940 in the above-entitled matter, pur­ afforded full opportunity to appear, pre­ screenings,- in the case of deliveries sub­ suant to his authority under section 4 sent evidence, examine and cross-exam­ sequent to October 1, 1940. II (b) of the Act, to review and revise ine witnesses and otherwise be heard. Berwind has the aforesaid coals on its the effective minimum prices, whereby After the close of the hearing, on Jan­ dock at the present time, and is holding the issues raised by the requests that the uary 28, 1941, The Berwind Fuel Com­ them for use in fulfillment of the afore­ dock operators be permitted to fulfill the pany, one of the dock operators at whose said contracts. The railroad vendees, contracts specified in the aforesaid instance this proceeding was instituted, however, have manifested their unwill­ communications were set for hearing on filed a petition praying for temporary ingness to accept delivery of the coal January 27,1941. By the same order the relief, pending final disposition of the allocated by Berwind to the contracts in contracts in question were made avail­ above-entitled matter, in respect to cer­ question except at the contract prices. able for public inspection and part of tain of its contracts involved in this pro­ They have indicated their intention to the official record in the proceedings ceeding, upon the basis of the record shift, regardless of their contracts, to less thereby instituted. made at the hearing. valuable coals, of lower classification, Petitions of intervention were filed on which are available at the docks at lower behalf of the following persons: District The formal documents and the record made at the hearing in this proceeding minimum prices than are applicable to Boards Nos. 1, 2, 6, 7, 10, 11, and 14; indicate that: Berwind’s Island Creek 5" x 0 resultant Milwaukee County, a political subdivi­ coal or screenings, and which are com­ sion of the State of Wisconsin; Old Ben The Berwind Fuel Company prays for parable to their contract prices with Coal Corporation, et al., Sahara Coal temporary relief in connection with three contracts entered into in April or May of Berwind, if billed by Berwind at the effec­ Company, and The United Electric Coal tive minimum prices for the Island Creek Companies, code members in District 1940 and due to expire May, 1941, for the sale of bituminous coal for railroad fuel coals. Berwind has no other outlets dur­ No. 10; Berwind Fuel Company, The M. ing the current season for the latter coals A. Hanna Coal & Dock Company, Pitts­ purposes, to consumers whom it has long served, as follows: at the effective minimum prices. burgh Coal Company of Wisconsin, The contracts in question were en­ Clarkson Coal Company, et al., Mil­ (1) A contract for the sale of 29,000 tered into several months before the ef­ waukee-Western Fuel Company, and tons of “5" resultant Island Creek coal” fective minimum prices were established. Carnegie Dock and Fuel Company, dock to G. W. Webster and Joseph Chapman, The coal called for therein was purchased operators. Consumers’ Counsel filed a as trustees of the property of the Minne­ by Berwind and was stored in the docks Notice of Appearance. apolis, St. Paul and Sault Ste. Marie before minimum prices became effective. The hearing was held as scheduled. Railway Company, at $4.45 per ton, under The consumers in question are customers Appearances at the hearing were en­ which contract there remained undeliv­ of long standing of the Berwind Fuel tered on behalf of the following parties ered on October 1, 1940, 25,702.25 tons Company. There was no opposition at or interested persons: District Boards of such coal; the hearing to the relief requested by Nos. 1, 2, 4, 6, 7, 8, 10 and 11; Sahara (2) A contract for the sale of 10,000 Berwind, nor has there been any oppo­ Coal Company and Old Ben Coal Cor­ tons of the same coal, at the same price, sition to its prayer for temporary relief. poration, et al., Code members in Dis­ to the Chicago, St. Paul, Minneapolis & Having reviewed, in the light of the trict No. 10; The Maumee Collieries Omaha Railway Company, under which foregoing circumstances, the effective Company, and Linton-Summitt Coal there remained undelivered on October minimum prices applicable to the coals Company, Code members in District No. 1, 1940, 8,818.45 tons of such coal; subject to the aforementioned contracts 11; M. A. Hanna Coal and Dock Com­ (3) A contract for the sale of 12,000 of the Berwind Fuel Company, the Direc­ pany, The Clarkson Coal Company, The tons of Southern West Virginia Island tor is of the opinion: That the temporary Cleveland-Cliffs Dock Company, the Creek “nut, pea and slack stoker coal” relief prayed for by the Berwind Fuel Cleveland-Cliffs Iron Company, Great (“screenings”) to the Great Northern Company has been shown to be reason­ Lakes Coal & Dock Company, Hickman, Railway Company at $4.25 per ton, under ably necessary in order to accord due Williams & Company, The Inland Coal & which there remained undelivered on Oc­ regard to the interests of the consuming Dock Company, The Northern Coal & tober 1, 1940, 10,959.25 tons of such coal. public, to afford to the coals in question Dock Company, North Western Fuel a reasonable opportunity to compete on Company, The Philadelphia & Reading All of the coal required to fulfill these a fair basis and to preserve the existing Coal & Iron Company, Pickands, Mather contracts was purchased, presumably at fair competitive opportunities therefor; & Company, Arthur Kuesel Coal Com­ prices lower than the currently effective that an adequate showing has been made pany, Leszczynski Fuel Company, Mil- minimum prices, and stored on Berwind of actual or impending injury in the event docks prior to October 1, 1940. Under that such relief is not granted; and that the provisions of the Act, and the effec­ 8 As set forth in the Director’s Order of an adequate showing has been made that October 9, 1940, in docket FD-A-1, there are tive minimum prices promulgated pur­ the granting of such relief will not unduly as yet no sanctions available against viola­ suant thereto in General Docket No. 15, prejudice other interested persons. tions of the effective minimum prices or mar­ Berwind would be required to charge not keting rules and regulations by unregistered Now, therefore, it is ordered, That tem­ distributors, unless they are affiliates, subsidi­ less than $4.50 plus dock-handling porary relief pending final disposition of aries or subject to the control of code mem- charges for 5" x 0 Island Creek resultant this proceeding, is granted to the Berwind be*s> ®^h°ugh they are bound to maintain delivered subsequent to October 1, 1940; and observe the Division’s minimum prices Fuel Company, as follows: Commencing and marketing rules and regulations under and not less than $3.90, plus dock-han­ forthwith the effective minimum prices section 4 II (h) of the Act. dling charges, for Southern West Vir­ applicable to the “5" resultant Island 1200 FEDERAL REGISTER, Friday, February 28, 1941 Creek Coal’' and “Southern West Vir­ prices in Market Area 114, while under cable provisions of said Act and the rules ginia Island Creek nut, pea and slack present prices Fentress egg coals deliv­ of the Division be held on April 1, 1941,< stoker coal” subject to the aforesaid con­ ered at a price 15 cents above the price at 10 o’clock in the forenoon of that day, tracts between the Berwind Fuel Com­ for comparable District 9 coals. It de­ at a hearing room of the Bituminous Coal pany, as vendors, and G. W. Webster and veloped that Fentress had been operating Division, 734 Fifteenth Street NW., Wash­ Joseph Chapman, as trustees of the Min­ steadily during the last two months by ington, D. C. On such day the Chief of neapolis, St. Paul and Sault Ste. Marie crushing its egg size coal down to 2" x 0 the Records Section in room 502 will ad­ Railway Company, the Great Northern slack and selling this coal in the Nash­ vise as to the room where such hearing Railway Company, and the Chicago, St. ville area; and that hence petitioner’s will be held. Paul, Minneapolis and Omaha Railway request for temporary relief was based, It is further ordered, That Travis Wil­ Company, respectively, as vendees, are re­ not on the inability of Fentress to keep liams or any other officer or officers of vised to the extent necessary to permit its mine running, but on the loss in the Division duly designated for that such coals to be delivered at the prices realization entailed through crushing egg purpose shall preside at the hearing in specified in said contracts: Provided, coal to slack coal. District Board 9 op­ such matter. The officers so designated however, That such revision shall apply posed the petition on the grounds that to preside at such hearing are hereby only as to coal stored on the docks of the present coordination was proper and authorized to conduct said hearing, to ad­ the Berwind Fuel Company prior to Oc­ that any reduction granted to Fentress minister oaths and affirmations, examine tober 1, 1940 and delivered in fulfilment would disturb coordination between Fen­ witnesses, subpoena witnesses, compel of the aforesaid contracts, after that tress coals and the Ninth Vein coals of their attendance, take evidence, require date. District 9. On cross examination, Dis­ the production of any books, papers, cor­ Notice is hereby given that applica­ trict Board 9 showed that its coals were respondence, memoranda, or other rec­ tions to stay, terminate or modify the of poorer structure than Fentress coals, ords deemed relevant or material to the temporary relief herein granted may be that Fentress coal had been used as a inquiry, to continue said hearing from filed pursuant to the Rules and Regula­ base coal in coordinating the coals of time to time, and to prepare and submit tions Governing Practice and Procedure Districts 8 and 9 in Market Area 114, to the Director proposed findings of fact in Proceeding Instituted Pursuant to and that the question of a fair relation­ and conclusions and the recommenda­ section 4 II (d) of the Bituminous Coal ship between the two coals in Market tion of an appropriate order in the prem­ Act of 1937. Area 114 was complicated by the fact ises, and to perform all other duties in Nothing contained herein shall be that District 8 was permitted certain connection therewith authorized by law. deemed to constitute a ruling or expres­ seasonal discounts for shipment into Notice of such hearing is hereby given sion of the Director’s views concerning Market Area 114, while no such discounts to all parties herein and to persons or the propriety of the effective minimum were allowed on the coals of District 9. entities having an interest in these pro­ prices for lake cargo coals for use as Based on the facts developed at the ceedings and eligible to become a party railroad locomotive fuel. hearing, the Director is of opinion that herein. Any person desiring to be ad­ Dated: February 26, 1941. the request in the petition involves the mitted as a party to this proceeding may [seal] H. A. G ray, coordination of District 8 and 9 coals, file a petition of intervention in ac­ Director. that the matter is not one susceptible of cordance with the rules and regulations ready determination without further care [F. R. Doc. 41-1463; Filed, February 27, 1941; of the Bituminous Coal Division for pro­ 11:44 a. m.] and study, and that petitioner has not ceedings instituted pursuant to section shown the imperative necessity required 4 H (d) of the Act, setting forth the facts for temporary relief in cases involving on the basis of which the relief in the [Docket No. A-589] coordination between districts. Accord­ original petition is supported or opposed P et it io n o f D istrict B oard 8 for R educ­ ingly, the Director, is of opinion that pe­ or on the basis of which other relief is t io n in P rice for S ize G roup 7 C oals titioner has made no adequate showing sought. Such petitions of intervention P roduced by F entress C oal and Coke of actual or impending injury in the shall be filed with the Bituminous Coal C ompany for S h ipm e n t to M arket event that temporary relief is not Division on or before March 27,1941. Area 114, P ursuant to S ection 4 EC granted, that the granting of this relief might unduly prejudice other interested All persons are hereby notified that the (d ) o f th e B itu m in o u s C oal Act of hearing in the above-entitled matter and 1937 persons in advance of a final determi­ nation of this proceeding, that no suffi­ any orders entered therein, may concern, MEMORANDUM AND ORDER CONCERNING ciently clear showing has been made that in addition to the matters specifically TEMPORARY RELIEF the petitioner is entitled to the relief alleged in the petition, other matters nec­ Petitioner requested that coal in Size sought, and that the request for tempo- essarily incidental and related thereto, Group 7 from the Wilder No. 3 mine of porary relief should be denied. which may be raised by amendment to Fentress Coal and Coke Company be re­ It is so ordered. the petition, petitions of interveners or duced in price from $2.10 per ton to $1.95 Dated: February 26, 1941. otherwise, or which may be necessary per ton for shipment to Market Area 114 corollaries to the relief, if any, granted on [seal] H. A. G ray, the basis of this petition. (Nashville, Tennessee). An informal Director. conference was held on the question of The matter concerned herewith is in [F. R. Doc. 41-1461; Filed, February 27, 1941; regard to the petition of District Board temporary relief on January 24, 1941. A 11:43 a. m.] final hearing was held on February 19, No. 10 for revision of Railroad Locomo­ 1941, at which petitioner presented evi­ tive Fuel Price Exception No. 5, appear­ dence in support of its request, while [Docket No. A-600] ing on Page 46 of the Schedule of Effective Minimum Prices for District No. District Board 9 appeared in opposition P etition of D istrict B oard No. 10 for to the petition. R evision of R ailroad Locomotiva F uel 10, For All Shipments Except Truck (the At the hearing petitioner introduced P rice Exception No. 5, Appearing on “all-rail schedule”), so as to provide for evidence that Fentress egg coals had P age 46 of the Schedule of E ffective the privilege of substitution of other sizes been unable to compete with District 9 Minim um P rices for District No. 10 in Size Groups 1 to 8, inclusive, on orders Ninth Vein lump and egg coals in Mar­ for All Shipments E xcept T ruck for 6" x VA" egg coal from the Alton ket Area 114 since the establishment of NOTICE OF AND ORDER FOR HEARING Railroad, for use as railroad locomotive minimum prices and that a 15-cent re­ fuel. duction was necessary in order to achieve A petition, pursuant to the Bituminous Dated: February 26, 1941. a proper relationship between the Fen­ Coal Act of 1937, having been duly filed [seal] H. A. G ray, tress coals and the coals of District 9. with this Division by the above-named Director. Petitioner introduced evidence tending party; to show that in the past the Fentress coal It is ordered, That a hearing in the [F. R. Doc. 41-1454; Filed, February 27, 1941; and the Ninth Vein coal had sold at equal above-entitled matter under thè appli­ 11:41 a. m.] FEDERAL REGISTER, Friday, February 28, 1941 1201 [Docket No. A-626] o’clock a. m., at the Central Fire Station, (d) National Coal Company, Docket Petition of G. B. J ensen, D oing Bu si­ 9th and Mulberry Streets, Des Moines, No. A-649, for the modification of the ness Under the Name of G. B. J ensen Iowa. minimum prices established on shipments Coal Company, Mine I ndex No. 649, a It is further ordered, That Edward J. of railroad locomotive fuel from peti­ Producer in District No. 12, R equest­ Hayes or any other officer or officers, of tioner’s National Mine (Mine Index No. ing the E stablishment of a Minimum the Division duly designated for that pur­ 33) to the Minneapolis and St. Louis Price for Shipments of Of f -Line R ail­ pose shall preside at the hearing in all Railroad and to the Chicago Great West­ road Locomotive F uel tc the I llinois the above-entitled matters vice D. C. ern Railroad. Central R ailroad and the Minneapolis McCurtain. The officers so designated Dated: February 26, 1941. and S t. Louis R ailroad to preside at such hearing are hereby authorized to conduct said hearing, to [ s e a l ] H. A. G r a y , [Docket No. A-629] administer oaths and affirmations, exam­ Director. Petition of Dunreath Coal Company, a ine witnesses, subpoena witnesses, com­ [F. R. Doc. 41-1458; Filed, February 27, 1941; Producer in District No. 12, for R evi­ pel their attendance, take evidence, re­ 11:42 a. m.] sion of E ffective M inimum P rices Es­ quire the production of any books, papers, tablished for Certain of I ts Coals correspondence, memoranda, or other [Docket No. A-647] records deemed relevant or material to [Docket No. A-665] the inquiry, to continue said hearing P etition of the Enos Coal Mining Com­ P e t it io n o f Q u i n n a n d B ra d y C oal C o . from time to time, and to prepare and pany, a Code M ember in D istrict 11 (B e n Q u i n n and J o h n T. B r a d y , J r .) , a submit to the Director proposed findings for P reliminary and P ermanent R e­ P r o d u cer i n D is t r ic t N o . 12, f o r R e v i­ of fact and conclusions and the recom­ ductions of 10 Cents P er T on in the s io n o f E f f e c t iv e M i n im u m P r ic e s E s ­ mendation of an appropriate order in the E ffective Minim um P rices for M ine t a b l is h e d f o r C e r t a in o f I t s C o a ls premises, and to perform all other duties I ndex 36, District 11, in Size G roups 1 [Docket No. A-649] in connection therewith authorized by law: Provided, however, That the pray­ to 5 I nclusive, for Shipment to Mar­ Petition of N ational Coal Company, a ers for temporary relief shall be reserved ket Area 29 Code Member in District N o. 12, R e­ within the jurisdiction of the Director NOTICE OF AND ORDER FOR HEARING questing M odification of the Min i­ for any such action as may be deemed mum P rices E stablished on Shipments A petition, pursuant to the Bituminous by him to be appropriate at any time Coal Act of 1937, having been duly filed of R ailroad Locomotive F uel F rom during the course of the proceedings in Petitioner’s National Mine (Mine I n­ with this Division by the above-named the above-entitled matters. party; dex No. 33) to the Minneapolis & St. Notice of such hearings is hereby given Louis R ailroad and to the Chicago to all parties and to persons or entities It is ordered, That a hearing in the Great W estern R ailroad having an interest in these proceedings above-entitled matter under the applica­ and eligible to become a party herein. ble provisions of said Act and the rules of n o t ic e o f and o r d er f o r postponement o f the Division be held March 25, 1941, at h e a r in g s and redesignating t r ia l e x ­ Any person desiring to be admitted as a 10:00 o’clock in the forenoon of that day, a m in e r s AND PLACE OF HEARINGS IN party to these proceedings may file a at a hearing room of the Bituminous Coal DOCKETS NOS. A -6 2 6 AND A -629 AND NO­ petition of intervention in accordance Division, 734 Fifteenth Street NW., Wash­ TICE OF AND ORDER FOR HEARINGS ON with the rules and regulations of the ington, D. C. On such day the Chief of TEMPORARY AND PERMANENT RELIEF IN Bituminous Coal Division for proceedings the Records Section in room 502 will DOCKETS NOS. A -647 AND A -649 instituted pursuant to section 4 II (d) of the Act, setting forth the facts on the advise as to the room where such hearing Original petitions, requesting tempo­ basis of which the relief requested in the wili be held. rary and permanent relief, having been It is further ordered, That D. C. Mc­ original petitions is supported or opposed Curtain or any other officer or officers duly filed with this Division by the above- or on the basis of which other relief is named parties, pursuant to section 4 of the Division duly designated for that sought. Such petitions of intervention purpose shall preside at the hearing in II (d) of the Bituminous Coal Act of shall be filed with the Bituminous Coal 1937; and Division on or before March 11, 1941. such matter. The officers so designated The above-entitled matters in Dockets All persons are hereby notified that the to preside at such hearing are hereby Nos. A-626 and A-629 having been as­ hearings in the above-entitled matters authorized to conduct said hearing, to signed for public hearing before D. C. and any orders entered therein, may con­ administer oaths and affirmations, ex­ McCurtain, the duly designated Trial cern, in addition to the matters specifi­ amine witnesses, subpoena witnesses, Examiner, on February 24, 1941, at 10 cally alleged in the petitions, other mat­ compel their attendance, take evidence, o’clock a. m., in a hearing room of the ters necessarily incidental and related require the production of any books, Bituminous Coal Division, 734 Fifteenth thereto, which may be raised by amend­ papers, correspondence, memoranda, or Street, NW., Washington, D. C.; and other records deemed relevant or mate­ ment to the petitions, petitions of inter­ rial to the inquiry, to continue said hear­ Original petitioner in Docket No. A-626 veners or otherwise, or which may be ing from time to time, and to prepare having requested that the hearing in necessary corollaries to the relief, if any, and submit to the Director proposed that matter be held in Des Moines, Iowa; granted on the basis of these petitions. findings of fact and conclusions and the and The matters concerned herewith are recommendation of an appropriate order The Director finding that his action in in regard to the respective petitions of: in the premises, and to perform all other these matters, as hereinafter set forth, is (a) G. B. Jensen Coal Company, duties in connection therewith author­ necessary in order to effectuate the pur­ Docket No. A-626, for the establishment ized by law. poses of the Act, and to afford all inter­ of a minimum price for shipments of Notice of such hearing is hereby given ested parties and persons full oppor­ off-line railroad locomotive fuel to the to all parties herein and to persons or tunity to be heard; Illinois Central Railroad and the Min­ entities having an interest in these pro­ It is ordered, That the above-entitled neapolis and St. Louis Railroad. ceedings and eligible to become a party matters in Dockets Nos. A-626 and A-629 (b) Dunreath Coal Company, Docket herein. Any person desiring to be ad­ be, and they hereby are, postponed, and No. A-629, for revision of effective mini­ mitted as a party to this proceeding may that they be held at the time and place mum prices established for certain of its file a petition of intervention in accord­ hereinafter designated. coals. ance with the rules and regulations of It is further ordered, That public hear­ (c) Quinn and Brady Coal Company, the Bituminous Coal Division for pro­ ings on temporary and permanent relief Docket No. A-647, for revision of effective ceedings instituted pursuant to section in all of the above-entitled matters be minimum prices established for certain 4 H (d) of the Act, setting forth the facts held commencing March 17, 1941, at 10 of its coals. on the basis of which the relief in the 1202 FEDERAL REGISTER, Friday, February 28, 1941 original petition is supported or opposed half or interest, cease and desist and [Docket No. 1545-FD] or on the basis of which other relief is they hereby are permanently enjoined In t h e M atter of J. L. W itherspoon, sought. Such petitions of intervention and restrained from violating the code, D efendant shall be filed with the Bituminous Coal the effective minimum prices and mar­ Division on or before March 20, 1941. keting rules and regulations. ORDER POSTPONING HEARING All persons are hereby notified that It is further ordered, That the Division The above-entitled proceeding having the hearing in the above-entitled matter in its discretion may apply to the Circuit been previously scheduled for hearing on and any orders entered therein, may con­ Court of Appeals of the United States March 20,1941 at Knoxville, Tennessee; cern, in addition to the matters specifi­ within any circuit where such defendant It is ordered, That the aforesaid hear­ cally alleged in the petition, other matters resides and carries on business for the ing be postponed to April 3, 1941, at 10 necessarily incidental and related thereto, enforcement hereof. a. m., and that the place of hearing be which may be raised by amendment to Dated: February 26, 1941. changed to a hearing room of the Bitu­ the petition, petitions of interveners or [seal] H. A. G ray, minous Coal Division in the Hotel Nor­ otherwise, or which may be necessary Director. ton, Norton, Virginia. corollaries to the relief, if any, granted Dated: February 26, 1941. [F. R. Doc. 41-1459; Filed, February 27, 1941; on the basis of this petition. [seal] H. A. G ray, The matter concerned herewith is in 11:42 a. m.] Director. regard to the petition of the Enos Coal Mining Company for temporary and [F. R. Doc. 41-1457; Filed, February 27, 1941; final 10-cent reductions in the effective [Docket No. 1502-FD] 11:41 a. m.] minimum prices for Mine Index 36 in Size Groups 1 to 5, for shipment to Mar­ I n th e M atter of G eo . Vande Ven, D efendant ket Area 29; or, in the alternative for [Docket No. 1590-FD] 10-cent reductions in the effective mini­ CEASE AND DESIST ORDER I n the M atter of th e Application of mum prices for Mine Index 36 in Size R ené W ahl, D . B. A. J ackson, Long, Groups 3 and 5, for shipment to Market A complaint dated December 4, 1940, pursuant to the provisions of sections and P aige, Chicago, I l l in o is, to be Area 29. D esignated as a R egistered D is ­ Dated: February 26, 1941. 4 II (j) and 5 (b) of the Bituminous Coal Act of 1937, having been duly filed tributor [seal] H. A. G ray, Director. on December 7,1940, by Spencer Perkins, NOTICE OF AND ORDER FOR HEARING a code member, complainant, with the An application, pursuant to § 304.11 of [P. R. Doc. 41-1452; Filed, February 27, 1941; Bituminous Coal Division alleging wilful 11:40 a. m.] violation by the defendant of the Bitu­ the Rules and Regulations for Registra­ minous Coal Code or rules and regula­ tion of Distributors, having been filed tions thereunder, as follows: with the Bituminous Coal Division by the above-named party; [Docket No. 1491-FD] That the defendant on November 17, It is ordered, That a hearing on such I n the M atter of M agic Cit y C oal 1940, sold to Andrew Gilbert of Zurich, matter be held on March 18, 1941, at 10 C ompany, D efendant Montana, 9x/2 tons of W nut coal at o’clock in the forenoon of that day at a $3.50 per ton f. o. b. the mine, which was hearing room of the Bituminous Coal CEASE AND DESIST ORDER 50 cents per ton below the effective Division, 734 15th Street NW., Washing­ A complaint dated November 30, 1940, minimum price for said coal. Said coal ton, D. C. On such day the Chief of the pursuant to the provisions of sections was produced at defendant’s Hollands- Records Section in Room 502 will advise 4 II (j) and 5 (b) of the Bituminous Coal ville Mine and was shipped via truck. as to the room where such hearing will Act of 1937, having been duly filed on Also that the defendant has sold such be held. December 2, 1940, by Bituminous Coal coal to various persons at various times It Js further ordered, That Travis Producers Board for District #15, a Dis­ at less than the effective minimum price. Williams or any other officer or officers of trict B oari complainant, with the mtu- The defendant having by stipulation the Bituminous Coal Division designated minous Coal Division alleging wilful vio­ made February 15, 1941, a true copy of by the Director thereof for that purpose lation by the defendant of the Bituminous which is annexed hereto and made a part shall preside at the hearing in such Coal Code or rules and regulations there­ hereof,1 admitted the truth of the allega­ matter. The officer so designated to pre­ under, as follows: tions of said complaint and consented to side at such hearing is hereby authorized the making and entry of this order: to conduct said hearing, to administer That the defendant sold and delivered oaths and affirmations, examine wit­ 358 tons of Size Group No. 2 (lump) coal It is ordered, That the defendant, its nesses, subpoena witnesses, compel their having an applicable effective minimum (or his) officers, representatives, agents, attendance, take evidence, require the price of $3.30 per ton as Size Group No. 9 servants, employees, and attorneys, and production of any books, papers, cor­ (mine run) coal having an applicable all persons acting or claiming to act in respondence, memoranda or other m in im u m price of $2.20 per ton. Said its (or his) behalf or interest, cease and records deemed relevant or material to coal was sold between September 30, desist and they hereby are permanently the inquiry, to continue said hearing 1940 and the date of the complaint at enjoined and restrained from violating from time to time, and to prepare and less than the effective minimum price the Bituminous Coal Code and the Rules submit to the Director proposed findings as aforesaid. It was delivered via truck. and Regulations made thereunder. of fact and conclusions and the recom­ The defendant having by stipulation It is further ordered, That the Division mendation of an appropriate order in the made February 4, 1941, a true copy of in its discretion may apply to the Circuit premises, and to perform all other duties which is annexed hereto and made a part Court of Appeals of the United States in connection therewith authorized by hereof,1 admitted the truth of the allega­ within any circuit where such defendant law. tions of said complaint and consented to resides and carries on business for the Notice of such hearing is hereby given the making and entry of this order: enforcement hereof. to such applicant and to any other person It is ordered, That the defendant, its Dated: February 26, 1941. who may have an interest in such pro­ officers, representatives, agents, servants, ceeding. Any person desiring to be heard [seal] H. A. G ray, or to be admitted as a party to such pro­ employees, and attorneys, and all per­ Director. sons acting or claiming to act in its be- ceeding shall file a notice to that effect [F. R. Doc. 41-1460; Filed, February 27, 1941; with the Bituminous Coal Division on or 1 Not filed as part of the original document. 11:42 a. m.] before March 17, 1941. FEDERAL REGISTER, Friday, February 28, 1941 1203

The matter concerned herewith is in River; Thence South 22 degrees 40 m in­ thence at right angles to said last named utes East 246 feet to corner No. 7, a course 4.45 chs. to fence Point No. 1, regard to the application of René Wahl, cedar corner post of Ogilvie-Clayton heretofore referred to. d. b. a. Jackson, Long, and Paige, for fence and on South side of South Fork of Section 18: N*/2; registration as a registered distributor, in Humboldt River; Thence South 5 de­ Section 19: Lot 1, and that portion of Lot 2 order that he may receive distributors’ grees 02 minutes West 86 feet to Corner described as follows: Beginning at Cor­ No. 8, a cedar corner post of Ogilvie- ner No. 1 a point on the West boundary discounts on coal purchased by him for Clayton fence on South side of South of said Section 19, from whence the West resale to the Belmont Material and Coal Fork of Humboldt River; Thence South quarter corner of Section 19 bears South­ Company, a retail coal dealer, which con­ 44 degrees 05 minutes East, 131 feet to erly 1,100 feet distant; from a corner No. trols, is controlled by, affiliated with, or Corner No. 9, a cedar corner post of 1 so identified, thence South 84 degrees Ogilvie-Clayton fence and on the south East 638 feet to Corner No. 2; thence otherwise related to the applicant, and side of the South Fork of Humboldt South 44 degrees 10 m inutes East 110 feet whether or not such affiliation or rela­ River; Thence South 60 degrees 55 to Corner No. 3; thence South 69 degrees tionship is bona fide, is not established minutes East 116 feet to Corner No. 10, 40 m inutes East 300 feet to Corner No. 4; primarily to secure an indirect price re­ at cedar corner post of Ogilvie-Clayton thence South 76 degrees 20 m inutes East fence and on the south side of the South 400 feet, more or less, to a point on East duction, and is not within the prohibitions Fork of Humboldt River; Thence South boundary of Lot 2 of said Section 19; of Unfair Methods of Competition, 11 and 37 degrees 15 minutes East 181 feet to thence northerly 569 feet along east 12 of section 4, Part II (i) of the Bitumi­ Corner No. 11, a cedar corner post of boundary of Lot 2, to Northeast corner Ogilvie-Clayton fence and on the south of Lot 2 of said Section 19; thence West­ nous Coal Act of 1937. side of the South Fork of the Humboldt erly 1,370 feet along the North boundary Dated: February 26, 1941. River; Thence South 52 degrees 08 of Lot 2 to Northwest corner of Lot 2, minutes East 185.5 feet to Corner No. 12, [ se a l ! H. A. G r a y , said Section 19; thence Southerly 220 feet a cedar corner post of Ogilvie-Clayton along section line West boundary of Sec­ Director. fence and on North bank of South Fork tion 19, to Corner No. 1, the place of be­ of Humboldt River; Thence South 63 de­ ginning, including and comprising 11.5 [F. R. Doc. 41-1453; Filed, February 27, 1941; grees 20 m inutes East 404 feet to Corner acres. A tract of land in the NE',4 of 11:40 a. m.] No. 13, a cedar post on west side of SWÍ4 and Lots 3 and 4 of Section 19, County Road and a portion of fence along Township 31 North, Range 57 East, M. D. the West side of said road; Thence South 63 degrees 20 minutes East, or extension B. & M., more particularly described as of last course, 265 feet, more or less to follows: Beginning at Corner No. 1, a Office of Indian Affairs. Corner No. 14, a point on East boundary point identified as the former position of of Section 13, Township 31 North, Range the West quarter corner of Section 19, P r o c l a im in g C e r t a in L a n d s i n N evada To 56 East, M. D. B. & M. Thence Southerly Township 31 North, Range 57 East, M. D. B e a n I n d ia n R e s e r v a t io n along the East section line 972 feet, more B. & M., running thence South 1,124.90 or less, to the Southeast corner of Sec­ feet to a point in a fence line now in By virtue of authority contained in tion 13; Thence Westerly along the South place, and Corner No. 2; thence along a section 7 of the act of June 18, 1934 (48 Section line 2640 feet to the South quar­ fence line S 59 degrees 08 minutes E., ter corner of said Section 13; Thence 400.60 feet to Corner No. 3; thence along Stat., 984), the lands described below, Northerly along center line of said Sec­ a fence line S 77 degrees 04 m inutes E. acquired by purchase under the provi­ tion 13, 2640 feet to the center of said 370.30 feet to Corner No. 4; thence along sions of section 5 of that act, for the use Section 13; Thence Easterly along center a fence line S 59 degrees 02 m inutes E., line of said Section 13, 1306 feet to Cor­ 237.30 feet to Comer No. 5; thence along and benefit of such Indians of the ner No. 1, the place of beginning. All a fence line N 48 degrees 08 m inutes E., Te-Moak Bands of Western Shoshones being a portion of the SE% of Section 1.051.60 feet to Corner No. 6; thence along resident in Nevada as shall be designated 13, Township 31 North, Range 56 East, fence line N 41 degrees 46 minutes West M. D. B. & M., and containing 123 acres, 156.70 feet to Corner No. 7; thence along by the Secretary of the Interior in ac­ more or less. a fence line N 24 degrees 42 m inutes West, cordance with section 19 of the Indian 67.20 feet to Corner No. 8; thence along a Reorganization Act, are hereby pro­ Section 14: The whole thereof; fence line N 35 degrees 03 m inutes West Section 24: N% of SE%; NE^; also that 741.80 feet to Corner No. 9; thence along claimed to be an Indian reservation for portion of the NW% described as follows, a fence line N. 87 degrees 21 m inutes the use and benefit of the Te-Moak Bands to-wit: Beginning at a point, comer No. 1 West 108.50 feet to Corner No. 10; thence on west section line of said Section 24, along a fence line N 14 degrees 52 min­ of Western Shoshone Indians: and 1,155 feet southerly from the North­ utes West, 44.80 feet to Cbmer No. 11; west section corner; thence South 61 de­ Township 31 N., Range 56 E., M. D. B. & M. thence West 1,012.80 feet to Corner No. grees 0 m inutes East, 3,030 feet to the 1, the place of beginning. Containing Section 1: The whole thereof; center of Section 24, corner No. 2; thence Section 3: The whole thereof; 43.37 acres, more or less. Also a tract in Northerly along subdivision line 2,640 said Section 19 described as follows: Be­ Section 4: Ey2; swy4; feet to the North quarter corner of said Section 10: Ni/2 of NW(4; NE&; Ei/2 of ginning at the quarter corner between Section 24, Corner No. 3, thence Westerly Section 19 and Section 24, Township 31 SE>4; along section line to Northwest Corner of Section 11: SW% of NW%; wy2 of S W ^; North, Range 56 East, M. D. B. & M., and Said Section 24, Corner No. 4, thence running thence North 1,093.0 feet; thence Section 12: The whole thereof; Southerly 1,155 feet to the place of be­ Section 13: N%; SWi4; and that portion East 710 feet; thence South 14 degrees 52 ginning, or corner No. 1, containing 115 m inutes East 1,130.8 feet; thence West of the SE(4 described as follows: Begin­ acres, more or less. ning at a point, corner No. 1 on north 1,000 feet along the line between the bank of South Fork of the Humboldt Township 31 N., Range 57 E., M. D. B. & M. Northwest quarter and the Southwest River and southeast bank of Lee Creek Section 3: W%; quarter to the quarter corner above men­ and on the east and west center line of Section 4: The whole thereof; tioned, containing 21.45 acres. said Section 13, from whence the east Section 5: The whole thereof; Township 32 N., Range 56 E, M. D. B. & M. quarter corner of Section 13 bears easterly Section 6: SE^; SW% of NE14; SE% of Section 35: The whole thereof; 1334 feet distant. From corner No. 1 so NWy4; Nwy4 of Nwy4; Township 32 N„ Range 57 E., M. D. B. & M. identified, thence south 25 degrees 06 Section 7: The whole thereof; Section 31: The whole thereof. m inutes east 248 feet to corner No. 2, a Section 8: S»/2 of NW(4; SW(4; cedar corner post of the Ogilvie-Clayton Section 10: NWy4; Together with all water, water rights, dams fence on the north bank of South Fork of Section 17: NW>/4 ; Ny2 of SW^; NE^; and ditches now or heretofore used upon or Humboldt River; Thence South 0 de­ NE% of SEi/4; NW(4 of SEÍ4, excepting in connection with the above described grees 04 m inutes west 82.5 feet to corner therefrom all that certain lot, piece or premises. No. 3, a cedar post of Ogilvie-Clayton parcel of land situate, lying and being in Together with all range, ranges and range fence and on north side of South Fork the southerly portion of NW'4 of SW% of watering rights of every name, nature, kind of Humboldt River; Thence South 82 de­ Section 17, particularly described as fol­ and description used in connection with the grees 20 minutes West 87 feet to corner lows: Beginning at a point on mound of above described premises. No. 4, a cedar corner post of Ogilvie- rock accepted as being the quarter cor­ Clayton fence and on south bank of ner between Sections 17 and 18, said All of the said lands being within Elko South Fork of Humboldt River; Thence Township and Range, running thence County, Nevada, containing a total of South 32 degrees East 341 feet to corner S. 15 61 chs. to a point at a fence which 9,548.46 acres, more or less. No. 5, a cMar corner post of Ogilvie- point is hereby designated and referred Clayton fence on the north bank of the to as Point No. 1, thence S. 82°15' E. 15 Pending the adoption of a land use South Fork of Humboldt River; Thence chs. along said fence to a point; thence code by the Indians, use of the lands shall South 1 degree 20 m inutes West 48 feet S. 71° 15' E. 7.7 chs. along fence to in ­ be subject to such rules and regulations to Corner No. 6, a cedar corner post of tersection with south boundary of N% Ogilvie-Clayton fence and on the South of SW(4 of said Sec. 17; thence W. 22.12 as the Secretary of the Interior may pre­ bank of the South Fork of Humboldt chs. along said boundary to a point; scribe for the protection of the soil and No. 41------3 1204 FEDERAL REGISTER, Friday, February 28, 1941 proper utilization and development of of the producers who participated in a FEDERAL SECURITY AGENCY. the land. referendum conducted by the Secretary, Food and Drug Administration. February .8, 1941 and who, during the month of October [Docket No. FDC-28] 1940, said month having been determined A. J. W irtz, I n the M atter of Amendments of the Acting Secretary of the interior. by the Secretary to be a representative period, were engaged in the production S tandards of Quality for Canned [F. R. Doc. 41-1421; Filed, February 27, 1941; of milk for sale in said area. P eaches, Canned Apricots and Canned 10:23 a. m.j P ears In witness wherebf, Grover B. Hill, NOTICE OF HEARING Acting Secretary of Agriculture of the The above-entitled matter, heretofore United States, has executed this deter­ set for public hearing on January 16, DEPARTMENT OF AGRICULTURE. mination in duplicate, and has hereunto set his hand and caused the official seal 1941, pursuant to notice of the Federal Surplus Marketing Administration. of the Department of Agriculture to be Security Administrator, dated December 10, 1940, published in the F ederal D etermination of the S ecretary of affixed in the city of Washington, District of Columbia, this 21st day of February R egister of December 11, 1940 (5 F.R. Agriculture, Approved by the P resi­ 4900), upon the proposals advocated by dent o f the United States, W ith R e­ 1941. the Canners League of California on be­ spect to the I ssuance of Order N o. [seal] G rover B. H ill, half of its members as set forth in said 35, R egulating the H andling of M ilk Acting Secretary of Agriculture. notice, having been then duly adjourned in the O maha-C ouncil B luffs M ar­ Approved: to February 17, 1941, and on such date keting Area F ranklin D R oosevelt further duly adjourned to April 1, 1941, Whereas the Secretary of Agriculture, The President of the United at 10 A. M., in Room 2860, South Build­ pursuant to the powers conferred upon States. ing, Independence Avenue and 14th Street him by Public Act No. 10, 73d Congress, SW., Washington, D. C., and, it having Dated: F ebruary 25, 1941. as amended and as reenacted and been concluded by said Administrator amended by the Agricultural Marketing [F. R. Doc. 41-1468; Filed, February 27, 1941; that certain additional proposals to Agreement Act of 1937, having reason 11:36 a. m.] amend the regulation fixing and estab­ to believe that the execution of amend­ lishing a standard of quality for canned ments to a tentatively approved market­ pears (5 F.R. 106) be considered at such ing agreement, and the issuance of T ermination of the License, as Amended, hearing, amendments to Order No. 35, both of for Milk —Omaha-C ouncil Bluffs Now, therefore, by virtue of the au­ which regulate the handling of milk in thority vested in him and more fully set Sales Area the Omaha-Council Bluffs marketing forth in the aforesaid notice, said Ad­ area, would tend to effectuate the de­ Whereas the Secretary of Agriculture ministrator does hereby give notice that, clared policy of the act, gave, on the 26th on March 31,1939, suspended the license, in addition to the said proposals advo­ day of November 1940, notice of a public as amended, for milk—Omaha-Council cated by the Canners League of Cali­ hearing to be held at Omaha, Nebraska, Bluffs sales area, said suspension being fornia, the following proposals, issued by on certain proposed amendments to said effective April 4, 1939; and the Administrator on his own initiative, tentatively approved marketing agree­ Whereas the Secretary has determined will be considered at such hearing: ment and to said Order No. 35, which to terminate said license, as amended: (1) That subsection (a) of the regu­ hearing was held on the 10th day of Now, therefore, Claude R. Wickard, lation fixing and establishing a standard December 1940, and at said time and Secretary of Agriculture of the United of quality for canned pears be amended place conducted a public hearing at States, pursuant to the powers conferred by adding an additional clause thereto, which all interested parties were upon the Secretary by Public Act No. 10, providing as follows: afforded an opportunity to be heard on 73d Congress, as amended and as reen­ the said proposed amendments; and acted and amended by the Agricultural (8) The drained pears contain not Whereas after said hearing and after Marketing Agreement Act of 1937, hereby more th a n _____per cent (to be fixed the tentative approval by the Secretary, terminates the aforementioned license, as within the range of .05 per cent to .15 on the 25th day of January 1941, of a amended, said termination to become ef­ per cent) of gritty particles, as deter­ marketing agreement, as amended, han­ fective at 11:59 p. m., c. s. t., February 28, mined by the method prescribed in sub­ dlers of more than fifty percent of the 1941. section (b) (2). volume of milk covered by Order No. 35, This order of termination shall in no (2) That subsection (b) of said regu­ as amended, which is marketed within way affect any obligations which have lation be amended by designating the the Omaha-Council Bluffs marketing arisen or which may hereafter arise in same as subsection (b) paragraph (1) area, refused or failed to sign such ten­ connection with, by virtue of, or pursu­ and by adding to said subsection an tatively approved marketing agreement, ant to said license, as amended, provided additional paragraph, providing as as amended, relating to milk: such obligations were incurred prior to follows: Now, therefore, the Secretary of Agri­ the effective date of this order, nor shall (2) Canned pears shall be tested by culture, pursuant to the powers conferred this order of termination be deemed to; the following method to determine upon him by said act, hereby determines: waive any violation of said license, as whether or not they meet the require­ amended, which may have occurred prior ments of clause (8) of subsection (a): 1. That the refusal or failure of said to the effective date of this order. handlers to sign said tentatively ap­ Distribute the pears over the meshes proved marketing agreement, as amend­ In witness whereof, I Claude R. Wick­ of a circular sieve made with No. 8 ed, tends to prevent the effectuation of ard, Secretary of Agriculture of the woven-wire cloth which complies with United States, have executed this termi­ specifications for such cloth set forth the declared policy of the act; nation in duplicate and caused the of­ 2. That the issuance of the proposed under “2380 Micron (No. 8) ” in Table I ficial seal of the Department of Agricul­ of “Standard Specifications for Sieves,” amendment No. 1 to Order No. 35 is the ture to be affixed hereto in the city of only practical means, pursuant to such published March 1, 1940, An L. C. 584 of Washington, District of Columbia, this the U. S. Department of Commerce, Na­ policy, of advancing the interests of pro­ 27th day of February 1941. ducers of milk which is produced for sale tional Bureau of Standards. Use a sieve in said area; and [seal] Claude R. W ickard, 8 inches in diameter if the quantity of 3. That the issuance of the proposed Secretary of Agriculture. the contents of the container is less than 3 pounds, or a sieve 12 inches in diameter amendment No. 1 to Order No. 35 is [F. R. Doc. 41-1467; Filed, February 27, 1941; approved or favored by over two-thirds 11:36 a. m.] if such quantity is 3 pounds or more. If FEDERAL REGISTER, Friday, February 28, 1941 1205 pears are halved, turn cups down. With­ Joseph L. Maguire is hereby designated [File No. 70-243] out further shifting the pears so incline as the Presiding Officer to conduct the In th e M atter of F ederal W ater S erv­ the sieve as to facilitate drainage. Two hearing in the place and stead of Michael ic e C orporation, S cranton - S pring minutes from the time drainage begins, F. Markel, who was designated as the B rook W ater S ervice C ompany, C ar- remove the pears from the sieve and Presiding Officer in said original notice, bondale G as C ompany separate them from solid particles of with full authority to administer oaths ORDER POSTPONING HEARING spice or other material which are not and affirmations and to do all other part of the fruit. If the sample consists things appropriate to the conduct of the At a regular session of the Securities of whole pears, break each pear open hearing. and Exchange Commission held at its and remove the stem and adhering fibers, The proposed amendments are subject office in the City of Washington, D. C., the complete core, and the calyx; wipe to adoption, rejection, amendment, or on the 26th day of February, A. D. 1941. the core gently with the finger to re­ modification by the Administrator, in The Commission having ordered that move adhering flesh, including such flesh whole or in part, as the evidence adduced a hearing in the above entitled mâtter with the pears. Mash the pears and at the hearing may require. be held on March 3, 1941, and the ap­ flesh to a pulp. Mix thoroughly. Weigh Washington, D. C., February 26, 1941. plicants and declarants having requested 50 grams of such mixture into the metal that such hearing be postponed; and cup of a malted milk stirrer, add 200 cc. [seal] W ayne C oy, It appearing to the Commission that of water and 25 cc. of 50% NaOH solu­ Acting Administrator. such request should be granted; tion. Bring the mixture to a boil and boil [F. R. Doc. 41-1446; Filed, February 27, 1941; It is ordered, That such hearing be and vigorously for 5 minutes. Place the cup 11:19 a. m.] it hereby is postponed to March 24, 1941, under the stirrer and stir for 5 minutes. at 10:00 o’clock in the forenoon. Using a circular piece about 5 Yz inches By the Commission. in diameter, fashion a sieve with 30-mesh [seal! F rancis P. B rassor, metal cloth woven with alkali-resistant SECURITIES AND EXCHANGE COM­ Secretary. wire not less than 0.011 nor more than MISSION. [F. R. Doc. 41-1443; Filed, February 27, 1941; 0. 016 inch in diameter and with width [File No. 43-230] 11:15 a. m.] of openings not less than 0.02 nor more than 0.025 inch, turning up about one S tonewall E lectric C ompany and T uc­ inch on all sides to give a flat bottom cir­ son G as, E lectric L ig ht and P ow er [File No. 1-780] C ompany cular sieve about 3V2 inches in diameter I n th e M atter of B ackstay W elt C om ­ with side walls one inch high. Dry SUPPLEMENTAL ORDER 1 pany C ommon S tock, N o P ar Value the sieve in a small uncovered alkali- ORDER SETTING HEARING ON APPLICATION TO resistant dish for 2 hours at 100° C., and At a regular session of the Securities and Exchange Commission, held at its WITHDRAW FROM LISTING AND REGISTRA­ weigh sieve and dish. Immediately after TION stirring, filter the material through the office in the City of Washington, D. C., sieve. Wash liberally with hot water on the 26th day of February, A. D. 1941. At a regular session of the Securities until the gritty particles are free of The Commission having heretofore on and Exchange Commission held at its adhering material. Return the sieve to the 18th day of July 1939 issued an order office in the City of Washington, D. C., the alkali-resistant dish and dry at 100° permitting a declaration by Stonewall on the 26th day of February, A. D. 1941. C. for 2 hours. Weigh the dish, sieve, Electric Company regarding the issue and The Backstay Welt Company, pursuant and gritty particles. Subtract the weight sale of promissory notes to the Rural to Section 12 (d) of the Securities Ex­ of dish and sieve from such weight and Electrification Administration in the change Act of 1934, as amended, and Rule multiply the remainder by 2 to obtain the principal amount of $65,000 to become X-12D2-1 (b) promulgated thereunder, percentage of gritty particles. effective and approved an application re­ having made application to the Commis­ garding the execution of a lease and op­ sion to withdraw its Common Stock, No (3) That subsection (c) of said regu­ tion purchase agreement by Stonewall Par Value, from listing and registration lation be amended by adding to the first Electric Company to Tucson Gas, Elec­ on the Chicago Stock Exchange; and sentence, at the end thereof, the fol­ tric Light and Power Company in respect The Commission deeming it necessary lowing: of certain rural distribution lines or ad­ for the protection of investors that a ditions thereto, to be constructed out of (8) “Excessively Gritty”. hearing be held in this matter at which the proceeds of said notes; and all interested persons be given an op­ The hearing will be conducted in ac­ Stonewall Electric Company having portunity to be heard; cordance with the rules of practice1 pro­ filed a supplemental declaration regard­ It is ordered, That the matter be set vided for such hearings as published in ing an increase in the amount of such down for hearing at 10 A. M. on Tuesday, the F ederal R egister of June 26, 1940, notes to the extent of $35,000, the pro­ April 8, 1941, at the office of the Securi­ at pages 2379 to 2381 (5 F.R. 2379-2381). ceeds thereof to be used in making addi­ ties & Exchange Commission, 105 West In lieu of oral testimony, interested tions to the rural distribution lines con­ Adams Street, Chicago, Illinois, and con­ persons may offer affidavits to the Pre­ structed from the proceeds of the original tinue thereafter at such times and places siding Officer by delivering the same at loan; and as the Commission or its officer herein Doom 2240, South Building, Independ? It appearing to the Commission that designated shall determine, and that gen­ ence Avenue and 14th Street, SW., Wash­ the findings heretofore made with re­ eral notice thereof be given; and ington, D. C., on or before the date of spect to the original notes in the amount It is further ordered, That Henry Fitts, the opening of the hearing, namely, April of $65,000 are equally applicable to this an officer of the Commission, be and he 1, 1941. Such affidayits, if relevant and increase in amount thereof: hereby is designated to administer oaths material, may be received and made a It is ordered, That the supplemental and affirmations, subpoena witnesses, part of the record at the hearing, but declaration regarding the increase in the compel their attendance, take evidence, the Administrator will consider the lack amount of such notes in the amount of and require the production of any books, of opportunity for cross-examination in $35,000 be and it hereby is, permitted to papers, correspondence, memoranda or determining the weight to be given to become effective. other records deemed relevant or ma­ statements made in the form of affidavits. By the Commission. terial to the inquiry, and to perform all Every interested person will be permitted, [seal] F rancis P. B rassor, other duties in connection therewith au­ in accordance with the above-mentioned Secretary. thorized by law. rules of practice, to examine the affi­ By the Commission. [F. R. Doc. 41-1445; Filed, February 27, 1941; davits offered and to file counter-affi­ 11:15 a. m.] [ seal] F rancis P . B rassor, davits with the Presiding Officer, Secretary. 1 Public Utility Holding Company Act of [F. R. Doc. 41-1444; Filed, February 27, 1941; *21 CFR §§ 2.701-2.715. 1935, Section 7. 11:15 a. m.]