Washington, Saturday, February 5, 1938

YOLUME 3 ^ ,93* NUMBER 26 Wanted *

TREASURY DEPARTMENT. DEPARTMENT OF THE INTERIOR. Bureau of Customs. National Bituminous Coal Commission. [T.D. 49377] [Order No. 212] An Order M odifying Order No. 97, as Modified by Order No. Protest F iled U nder Section 516 (B ), T ariff Act of 1930, 136, and S upplementing the Schedule of Minimum P rices Against Liquidation of an E ntry Covering F resh or D ried for Coals of Code Members P roduced W ithin D istrict Dates N o. 9, by Adding T hereto a Supplemental S chedule of COLLECTORS OF CUSTOMS INSTRUCTED TO 'SUSPEND LIQUIDATION OF P rices T o B e Kno w n as “Supplement No. 2 to P rice ENTRIES INVOLVED Schedule No. 1—D istrict No. 9” To Collectors of Customs and Others Concerned: The National Bituminous Coal Commission having by its Order No. 97, as modified by Order No. 136,1 determined and Reference is made to T. D. 49166 approved September 25, established the minimum prices of coals of code members 1937,1 published in the weekly Treasury Decisions, vol. 72, produced within District No. 9, as set forth in ‘Trice Schedule no. 14, of September 30, 1937, proclaiming the classification No. 1—District No. 9”, and “Supplement No. 1 to Price Sched of and rate of duty imposed upon fresh or dried dates packed ule No. 1—District No. 9”, and having determined that the in the manner described in said treasury decision. provisions of subsections (a) and (b) of Part n of Section 4 Publication of the above-mentioned decision was occa of the Act and the purposes thereof will be carried out more sioned by a complaint with respect to the classification of effectively by supplementing the aforesaid price schedule and and rate of duty imposed upon the merchandise described in supplement by a further supplement as hereinafter provided: T. D. 49166 filed, under section 516 (b) of the Tariff Act of Now, therefore, pursuant to Act of Congress entitled “An 1930 (U. S. C., title 19, sec. 1516 (b)), by Van Dyk & Reeves, Act to regulate interstate commerce in bituminous coal, and Inc., 167 41st Street, Brooklyn, New York, an American man for other purposes” (Public, No. 48, 75th Cong., 1st sess.), ufacturer, producer and wholesaler of such merchandise. known as the Bituminous Coal Act of 1937, the National Notice of a desire to protest having been filed with the Bituminous Coal Commission hereby orders: Secretary of the Treasury, and a protest having been filed 1. That the minimum prices of coals of code members pro with the collector of customs at Seattle, Wash., (No. 15618), duced within District No. 9, established in “Price Schedule against the liquidation on December 10, 1937, of Seattle No. 1—District No. 9”, as supplemented by “Supplement No. warehouse entry no. 139, in form and substance as in the 1 to Price Schedule No. 1—District No. 9”, are hereby fur statute provided, pending the decision of the United States ther supplemented as set forth in “Supplement No. 2 to Price Customs Court on the protest in question collectors of cus Schedule No. 1—District No. 9”, filed this day in the office of toms will suspend the liquidation of all unliquidated entries the Secretary of the Commission and made a pail; hereof by covering fresh or dried dates packed in the manner described reference as though fully set forth herein, and such mini in T. D. 49166, imported or withdrawn from warehouse after mum prices, as shown in said Supplement No. 2, shall be the expiration of thirty days following the publication of and hereby are determined and established as the minimum T. D. 49166, and will comply in all respects, in connection prices of coals of code members within said District No. 9, with the liquidation or reliquidation of entries of such mer and shall be effective at 12:01 o’clock A. M., on the 12th day chandise, with the provisions of section 516 of the Tariff of February, 1938. Act of 1930. 2. That said Order No. 97, as modified by Order No. 136 [seal] j . h . M oyle, and as modified herein, shall remain in full force and effect. Commissioner of Customs. 3. That the Secretary of the Commission shall forthwith mail copies of this order and Supplement No. 2 to Price Approved, February 1, 1938. Schedule No. 1—District No. 9 to the Consumers’ Counsel, S tephen B. Gibbons, the Secretaries of the Bituminous Coal Producers’ Boards Acting Secretary of the Treasury. and to Code Members within District No. 9; shall cause copies of this order and said Supplement No. 2 to be made [P. R. Doc. 38-376; Filed, February 3,1938; 1:57 p. m | available for inspection by all interested parties at the 12 P. R. 2347 (DI). 12 P .R .3051,3270 (DI). 821 322 FEDERAL REGISTER, Saturday, February S, 1938

TABLE OF CONTENTS—Continued Treasury Department: Bureau of Customs: Page Dates, fresh or dried, suspension of liquidation of FEDEBALM-RE6ISTEB certain entries______321 « 9 3 4 ^ O h ir r to *

Secretary’s office of the Commission and at all statistical bureaus of the Commission; and shall cause to be published Published by the DiTlsion of the Federal Register, The National a copy of this order in the F ederal R egister. Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. L. 500), under reg By order of the Commission. ulations prescribed by the Administrative Committee, with the Dated this 3rd day of February, 1938. approval of the President. [seal] F. W itcher M cCullough, Secretary. The Administrative Committee consists of the Archivist or Act ing Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. Supplem ent No. 2 to P rice S chedule No. 1, D istrict No. 9 The daily issue of the F ederal R egister will be furnished by mall To All Code Members Within District No. 9: to subscribers, free of postage, for $1 per month or $10 per year; Eingle copies 10 cents each; payable in advance. Remit by money Effective February 12, 1938, the following table shall be order payable to Superintendent of Documents, Government Print substituted for the table appearing in Price Schedule No. 1. ing Office, Washington, D. C. By order of the Commission. Correspondence concerning the publication of the F ederal Dated this 3rd day of February, 1938. R egister should be addressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C. F. W . M cCullough, Secretary. Prices in Cents per Net Ton of 2,000 Pounds for Shipment Into Market Area No. 18

TABLE OF CONTENTS Size groups AA A B Size groups AA A B

Department of Agriculture: 236 236 216 91 206 166 166 Agricultural Adjustment Administration: Pag® 2 226 226' 216 196 156 156 3-...... 216 216 216 111...... 186 146 146 Notice of hearing, marketing agreement and order 4 . _____ 206 206 191 12 ____ 171 136 136 6__ 236 196 196 13 181 146 146 regulating shipping of fresh pears, plums and 6______226 176 176 14. 111 76 76 Elberta peaches grown in California— ------324 226 176 176 15_ 8------228 176 176 16-- 176 176 176 Bureau of Animal Industry: Notice under Act to regulate interstate and for 1 2" screenings of their respective preparation (Raw or Washed) shall be ten (10) eign commerce in livestock, etc.: cents per ton higher than the prices of the Size Groups 9 and 11. 3" screenings of their respective preparation (Raw or Washed) shall be twenty Nampa Livestock Commission Co., Nampa, (20) cents per ton higher than the prices of the Size Groups 9 and 11. . Idaho______325 Important.—Exceptions are a part of these prices and must be complied with. Department of the Interior: [F. R. Doc. 38-580; Filed, February 4,1938; 11:36 a. m.] National Bituminous Coal Commission: Notice of hearings, petitions by: Carson, John, as Consumers’ Counsel on behalf [Docket No. 176-FD] of: City of Erie, Pa------323 I n the M atter op the P etition op J ohn Carson, as Con Continental Rubber Co.______323 sumers’ Counsel, on B ehalf of H ammermill P aper Com pany Hammermill Paper Co------322 i Lovell Manufacturing Co------_ 323 NOTICE OF HEARING Ruberoid Co------— 324 School District of City of Erie, Pa------324 A petition having been filed with this Commission by the Union Iron Works------323 petitioner above named alleging dissatisfaction with the Union Collieries Co______\ ------323 m inim um price of coals of code members produced within District No. 2, as established by Commission’s Order No. 90, Schedule of minimum prices supplemented for and orders supplemental thereto:1 District No. 9------321 Now, therefore, it is hereby ordered: Federal Trade Commission: 1. That the above entitled proceeding is assigned for hear Order appointing examiner, etc., in the matter of: ing on February 8, 1938, at 10:00 o’clock, A. M. at the Hear Prendergast-Davies Co., Ltd------325 ing Room of the Commission in Washington, D. C., when Interstate Commerce Commission: opportunity will be afforded interested parties to be heard. Steam roads, uniform system of accounts------325 2. A copy of the aforesaid petition is on file and available for inspection by interested parties at the office of the Sec Securities and Exchange Commission: retary of the Commission. Order granting application to strike from listing and 3. The Secretary of the Commission is directed forthwith registration: to mail a copy of this notice to the petitioner above named; New York, Chicago & St. Louis Railroad Co., first to the Consumers’ Counsel; to the Secretary of District mortgage 4% bonds, due October 1, 1937—— 325 Board for District No. 2, and to each code member in said Order setting hearing on application to withdraw District; and shall cause a copy hereof to be filed and made from listing and registration: available for inspection at the Statistical Bureau of the Knudsen Creamery Co., of Calif., $1.50 cumulative Class “A” common shares, no par value____ 326 12 F. R. 3010,3272,3376,3384 (DI) ; 3 F. R. 100,136,138,276 (DI). FEDERAL REGISTER, Saturday, February 5, 1938 323

Commission for the aforesaid District; and shall cause a [Docket No. 179-FD] copy hereof to be published in the F ederal R egister. I n the M atter of th e P etition of J oh n O urson, as C om- By order of the Commission. sumer’s Counsel on B ehalf of th e Cit y of E rie, P enn Dated this 3rd day of February, 1938. sylvania [seal] F. W ichter M cCullough, Secretary. NOTICE OF HEARING [F.R. Doc. 38-388; Filed, February 4,1938; 11:38 a.m.] A petition having been filed with this Commission by the petitioner above named alleging dissatisfaction with the min [Docket No. 177—FD] imum prices of coals of code members produced within Dis trict No. 2, as established by Commission’s Order No. 90 and I n the M atter of the P etition of J ohn Carson, as Con orders supplemental thereto:1 su m ers’ C ounsel, on B ehalf of the L ovell M anufactur Now, therefore, it is hereby ordered: ing Company 1. That the above entitled proceeding is assigned for hear NOTICE OF HEARING ing on February 8, 1938, at 10:00 A. M. at the Hearing A petition having been filed with this Commission by the Room of the Commission in Washington, D. C., when op petitioner above named alleging dissatisfaction with the portunity will be afforded interested parties to be heard. m inim um prices of coals of code members produced within 2. A copy of the aforesaid petition is on file and available District No. 2, as established by Commission’s Older No. 90, for inspection by interested parties at the office of the Secre and orders supplemental thereto:1 tary of the Commission. Now. there!ore, it is hereby ordered: 3. The Secretary of the Commission is directed forthwith 1. That the above entitled proceeding is assigned for to mail a copy of this notice to the petitioner above named; hearing on February 8, 1938, at 10:00 o’clock A. M. at the to the Consumers’ Counsel; to the Secretary of District Hearing Room of the Commission in Washington, D. C., Board for District No. 2, and to each code member in said when opportunity will be afforded interested parties to be District; and shall cause a copy hereof to be filed and made heard. available for inspection at the Statistical Bureau of the 2. A copy of the aforesaid petition is on file and available Commission for the aforesaid District; and shall cause a for inspection by interested parties at the office of the Secre copy hereof to be published in the F ederal R egister. tary of the Commission. By order of the Commission. 3. The Secretary of the Commission is directed forthwith Dated this 3rd day of February, 1938. to mail a copy of this notice to the petitioner above named; [seal] p . W itcher M cC ullough, Secretary. to die Consumers’ Counsel; to the Secretary of District Board [F. R. Doc. 38-385; Filed, February 4,1938; 11:37 a m ] for District No. 2, and to each code member in said District; and shall cause a copy hereof to be filed and made available for inspection at the Statistical Bureau of the Commission for the aforesaid District; and shall cause a copy hereof to [Docket No. 180—FD] be published in the F ederal R egister. I n th e M atter of th e P etitio n of J oh n Carson, as Con By order of the Commission. sumers’ Counsel, on B ehalf o f the U nio n I ron W orks Dated this 3rd day of February, 1938. NOTICE OF HEARING [seal] f . W itcher M cCullough, Secretary. A petition having been filed with this Commission by the [F. R. Doc. 38-387; Filed, February 4,1938; 11:38 p. m.] petitioner above named alleging dissatisfaction with the minimum prices of coals of code members produced within District No. 2, as established by Commission’s Order No. 90 [Docket No. 178-FD] and orders supplemental thereto: * In the Matter of the P etition of J ohn Carson, as Con Now, therefore, it is hereby ordered: sumers’ Counsel, on B ehalf of the Continental R ubber 1. That the above entitled proceeding is assigned for hear Company ing on February 8, 1938, at 10:00 o’clock A. M. at the Hearing NOTICE OF HEARING Room of the Commission in Washington, D. C., when oppor A petition having been filed with this Commission by the tunity will be afforded interested parties to be heard. petitioner above named alleging dissatisfaction with .the 2. A copy of the aforesaid petition is on file and available minimum prices of coals of code members produced within for inspection by interested parties at the office of the Secre District No. 2, as established by Commission’s Order No. 90, tary of the Commission. and orders supplemental thereto: 1 . 3. The Secretary of the Commission is directed forthwith Now, therefore, it is hereby ordered: to mail a copy of this notice to the petitioner above named; 1. That the above entitled proceeding is assigned for hear to the Consumers’ Counsel; to the Secretary of District ing on February 8, 1938, at 10:00 o’clock A. M. at the Hear Board for District No. 2, and to each code member in said ing Room of the Commission in Washington, D. C., when District; and shall cause a copy hereof to be filed and made opportunity will be afforded interested parties to be heard. available for inspection at the Statistical Bureau of the 2. A copy of the aforesaid petition is on file and available Commission for the aforesaid District; and shall cause a copy for inspection by interested parties at the office of the Secre hereof to be published in the F ederal R egister. tary of the Commission. By order of the Commission. 3. The Secretary of the Commission is directed forthwith Dated this 3rd day of February, 1938. to mail a copy of this notice to the petitioner above named; [seal] F. W itcher M cCullough, Secretary. to the Consumer’s Counsel; to the Secretary of District [F. R. Doc. 38-384; Filed, February 4,1938; 11:37 a. m.] Board for District No. 2, and to each code member in said District; and shall cause a copy hereof to be filed and made available for inspection at the Statistical Bureau of the Commission for the aforesaid District; and shall cause a [Docket No. 182—FD] copy hereof to be published in the F ederal R egister. I n th e M atter of the P etition of Un io n C ollieries By order of the Commission. Company Dated this 3rd day of February, 1938. NOTICE OF HEARING [seal] F . W itcher M cC ullough, Secretary. A petition having been filed with this Commission by the [F. R. Doc. 38-386; Filed, February 4,1938; 11:38 a. m.] petitioner above named alleging dissatisfaction with the

* 2 F. R. 3010, 3272, 3376, 3384 (DI); 3 F. R. 100, 136, 138, 276 (DI). 12 F. R. 3010,3272,3376,3384 (DI) ; 3 F. R. 100,136,138,276 (D I). 324 FEDERAL REGISTER, S a tu rd a y, F ebru ary 5, 1938 minimum prices of coals of code members produced within Now, therefore, it is hereby ordered: District No. 2, as established by Commission’s Order No. 1. That the above entitled proceeding is assigned for hear 90, and orders supplemental thereto:1 ing on February 8, 1938, at 10 :00 o’clock A. M. at the Hearing Now, therefore', it is hereby ordered: Room of the Commission in Washington, D. C., when oppor 1. That the above entitled proceeding is assigned for tunity will be afforded Interested parties to be heard. hearing on February 8, 1938, at 10:00 o’clock A. M. at the 2. A copy of the aforesaid petition is on file and available Hearing Room of the Commission in Washington, D. C., for inspection by interested parties at the office of the Secre when opportunity will be afforded interested parties to be tary of the Commission. heard. 3. The Secretary of the Commission is directed forthwith 2. A copy of the aforesaid petition is on file and available to mail a copy of this notice to the petitioner above named; for inspection by interested parties at the office of the to the Consumers’ Counsel; to the Secretary of District Secretary of the Commission. Board for District No. 2, and to each code member in said 3. The Secretary of the Commission is directed forthwith District; and shall cause a copy hereof to be filed and made to mail a copy of this notice to the petitioner above named; available for inspection at the Statistical Bureau of the Com to the Consumers’ Counsel; to the Secretary of District mission for the aforesaid District; and shall cause a copy Board for District No. 2, and to each code member in said hereof to be published in the F ederal R egister. District; and shall cause a copy hereof to be filed and made By order of the Commission. available for inspection at the Statistical Bureau of the Dated this 3rd day of February, 1938. Commission for District No. 2; and shall cause a copy here [seal] F. W itcher M cCullough, Secretary. of to be published in the F ederal R egister. [F. R. Doc. 38-381; Filed, February 4,1938; 11:36 a. m.] By Order of the Commission. Dated this 3rd day of February, 1938. [seat.] F. W itcher M cCullough, Secretary. DEPARTMENT OF AGRICULTURE. [F. R. Doc. 38-383; Filed, February 4,1938; 11:37 a. m.] Agricultural Adjustment Administration. [Docket No. A-65 0-65] N otice of H earing—P roposed M arketing Agreement and [Docket No. 183-FD] O rder R egulating Sh ippin g of F resh P ears, P lums, and I n the M atter of the P etition of J ohn Carson, as Con E lberta P eaches G row n in State of California sumers’ Counsel, on B ehalf of the S chool D istrict of Whereas, under Public - Act No. 10, 73rd Congress, as the Cit y of E rie, P ennsylvania amended and as reenacted by the Agricultural Marketing notice of hearing Agreement Act of 1937, notice of hearing is required in con nection with a proposed marketing agreement or a proposed A petition having been filed with this Commission by the order, and the General Regulations, Series A, No. 1, as petitioner above named alleging dissatisfaction with the min amended,1 of the Agricultural Adjustment Administration, imum prices of coals of code members produced within United States Department of Agriculture, provide for such District No. 2, as established by Commission’s Order No. 90, noticè; and and orders supplemental thereto:1 Whereas, the Secretary of Agriculture has reason to Now therefore, it is hereby ordered: believe that the execution of a marketing agreement and the 1. That the above entitled proceeding is assigned for issuance of an order will tend to effectuate the declared hearing on February 8, 1938, at 10:00 o’clock A. M. at the policy of said act with respect to the shipping in interstate Hearing Room of the Commission in Washington, D. C., and foreign commerce, and such shipping as directly burdens, when opportunity will be afforded interested parties to be obstructs, or affects interstate or foreign commerce, of fresh heard. pears, plums, and Elberta peaches grown in the State of 2. A copy of the aforesaid petition is on file and available California; for inspection by interested parties at the office of the Sec Now, therefore, pursuant to the said act and said general retary of the Commission. regulations notice is hereby given of a hearing to be held on 3. The Secretary of the Commission is directed forthwith a proposed marketing agreement and a proposed order regu to mail a copy of this notice to the petitioner above named; lating such shipping of fresh pears, plums, and Elberta to the Consumers’ Counsel; to the Secretary of District peaches grown in the State of California in the Chamber Board for District No. 2, and to each code member in said of Commerce Auditorium, 917 Seventh Street, Sacramento, District; and shall cause a copy hereof to be filed and made California, on February 21, 1938, at 9:30 a. m. available for inspection at the Statistical Bureau of the This public hearing is for the purpose of receiving evidence Commission for the aforesaid District; and shall cause a as to the general economic conditions which may necessitate copy hereof to be published in the F ederal R egister. regulation in order to effectuate the declared policy of the By order of the Commission. act and as to the specific provisions which a marketing agree Dated this 3rd day of February, 1938. ment and order should contain. [seal] F. W itcher M cCullough, Secretary. The proposed marketing agreement and the proposed order each embodies, in similar terms, a plan for the regulation [F. R. Doc. 38-382; Filed, February 4,1938; 11:37 a. m.] of such shipping in interstate and foreign commerce, and such shipping as directly burdens, obstructs, or affects in terstate or foreign commerce, of fresh pears, plums, and [Docket No. 274r-FD] Elberta peaches grown in the State of California. Among I n the M atter of the P etition of J ohn Carson, as Con other things, the proposed marketing agreement and order sumers’ Counsel, on B ehalf of th e R uberoid Company provide for: (a) the establishment of a Control Committee, (b) establishment of commodity committees, (c) reserve pool notice of hearing for fall and winter pears, (d) prohibition of unfair trade A petition having been filed with this Commission by the practices incident to marketing of Elberta peaches, (e) grade petitioner above named alleging dissatisfaction with the mini and size regulation of shipments, (f) expenses of adminis mum prices of coals of code members produced within District tration, and other matters relating to the shipping of fresn No. 2, as established by Commission’s Order No. 90, and orders pears, plums and Elberta peaches grown in the State of supplemental thereto:1 California. .

12 F. R. 3010,3272.3376,3384 (DI) ; 3 F. R. 100,136,138,276 (D I). 11 F. R. 155. FEDERAL REGISTER, Saturday, February 5, 1938 325 Copies of the proposed marketing agreement and proposed It is ordered, That John J. Keenan, an examiner of this order may be inspected in or procured from the Hearing Commission, be and he hereby is designated and appointed to Clerk, Room 0318, South Building, United States Department take testimony and receive evidence in this proceeding and of Agriculture, Washington, D. C. to perform all other duties authorized by law; [ seal] H. A. W allace, It is further ordered, That the taking of testimony in Secretary of Agriculture. this proceeding begin on Thursday, February 10, 1938, at Dated February 4, 1938. two o’clock in the afternoon of that day (eastern standard [F.R. Doc. 38-391; Filed, February 4,1938; 12:39 p.m.] time) in Room 500, 45 Broadway, New York, New York. Upon completion of testimony for the Federal Trade Com mission, the examiner is directed to proceed immediately to Bureau of Animal Industry. take testimony and evidence on behalf of the respondent. The examiner will then close the case and make his report F ebruary 3, 1938. By the Commission. Notice [seal] O tis B. J ohnson, Secretary. To D ean S ullivan and J ohn W. Smeed, doing business as Nampa Livestock Commission Company, Nampa, Idaho. [F. R. Doc. 38-377; Filed, February 4,1938; 9 :55 a. m.] Whereas, Section 301 of Title III of an Act of Congress entitled “An Act to regulate interstate and foreign commerce in livestock, livestock products, dairy products, poultry, poul INTERSTATE COMMERCE COMMISSION. try products, and eggs, and for other purposes”, approved O rder in the M atter of a U niform S ystem of A ccounts August 15, 1921, provides in part that, when used in said Act, T o B e K ept by S team R oads the term “stockyard owner” means any person engaged in the business of conducting or operating a stockyard; and At a Session of the Interstate Commerce Commission, Di Section 302 of said Act provides as follows: vision 4, held at its office in Washington, D. C., on the 27th day of January, A. D. 1938. (a) When used in this title the term “stockyard” means any place, establishment, or facility commonly known as stockyards, The matter of accounting for revenues from trains op conducted or operated for compensation or profit as a public mar ket, consisting of pens, or other inclosures, and their appurtenances, erated for the joint benefit of two or more carriers being in which live cattle, sheep, swine, horses, mules, or goats are under consideration: received, held, or kept for sale or shipment in commerce. This It is ordered, That Accounting Bulletin No. 15, Interpre title shall not apply to a stockyard of which the area normally tations of Accounting Classifications, prescribed by the In available for handling livestock, exclusive of runs, alleys, or passage ways, is less than twenty thousand square feet. terstate Commerce Commission for Steam Roads, effective (b) The Secretary shall from time to time ascertain, after such January 1, 1918, be and it is hereby amended by the addi inquiry as he deems necessary, the stockyards which come within tion of the following: the foregoing definition, and shall give notice thereof to the stockyard owners concerned, and give public notice thereof by CASE 297 posting copies of such notice in the stockyard, and in such other Query: If the revenue from tickets lifted on each pooled manner as he may determine. After the giving of such notice to the stockyard owner and to the public, the stockyard shall remain passenger train is not readily determinable is it permissible subject to the provisions of this title until like notice is given under the provisions of special instructions in operating ex by the Secretary that such stockyard no longer comes within the penses, section 9, “Joint facility accounts,” for each car foregoing definition. rier to include in account 102, “Passenger,” the revenue Notice is hereby given that after inquiry it has been ascer from the sales of its tickets applicable to the service of the tained by me as Secretary of Agriculture of the United States joint trains and to account for the difference between the that the stockyard known as Nampa Livestock Commission revenue thus accrued and the amount of revenue accruing Company, at Nampa, State of Idaho, comes within the fore under the joint facility arrangement in accounts 151, “Joint going definition and is subject to the provisions of said Act. facility—Cr.,” and 152, “Joint facility—Dr.”? The attention of stockyard owners, market agencies, Answer: It is. dealers and other persons concerned is directed to Sections By the Commission, division 4. 303 and 306 and other pertinent provisions of said Act and the rules and regulations issued thereunder by the Secretary [seal] W. P . B artel, Secretary. of Agriculture. [F.R .Doc.38-389; Filed, February 4,1938; 12:24 p.m .] [seal] H. A. W allace, ; Secretary of Agriculture. [F. R. Doc. 38-390; Filed, February 4,1938; 12:39 p. m.] SECURITIES AND EXCHANGE COMMISSION. United States of America—Before the Securities and Exchange Commission FEDERAL TRADE COMMISSION. At a regular session of the Securities and Exchange Com United States of America—Before Federal Trade mission, held at its office in the City of Washington, D. C. on Commission the 1st day of February, 1938. At a regular session of the Federal Trade Commission, held [File No. 1-742] at its office in the City of Washington, D. C., on the 2nd I n the M atter of T h e N ew Y ork, Chicago & S t. Lou is R ail day of February, A. D. 1938. road Company F irst M ortgage 4% B onds, D ue O ctober 1, Commissioners: Garland S. Ferguson, Jr., Chairman; 1937 Charles H. March, Ewin L. Davis, William A. Ayres, Robert order granting application to strike from listing and E. Freer. REGISTRATION [Docket No. 2849] The New York Stock Exchange, pursuant to Section 12 (d) I n the Matter of P rendergast-D avies Company, L td., a of the Securities Exchange Act of 1934, as amended, and Corporation Rule JD2 promulgated thereunder, having made application ORDER APPOINTING EXAMINER AND FIXING TIME AND PLACE FOR to strike from listing and registration the First Mortgage 4% TAKING TESTIMONY Bonds, due October 1, 1937, of The New York, Chicago & St. This matter being at issue and ready for the taking of Louis Railroad Company; and testimony, and pursuant to authority vested in the Federal After appropriate notice,1 a hearing having been held in this matter; and Trade Commission, under an Act of Congress (38 Stat. 717; 15 U. S. C. A., Section 4 1), »2F.R.3197 (DI). 326 FEDERAL REGISTER, Saturday, February 5, 1938

The Commission having considered said application to as amended, and Rule JD2 promulgated thereunder, having gether with the evidence introduced at said hearing, and made application to the Commission to withdraw its $1.50 having due regard for the public interest and the protection Cumulative Class “A” Common Shares, No Par Value, from of investors; listing and registration on the Los Angeles Stock Exchange; It is ordered, That said application be and the same is and hereby granted, effective at the close of the trading session on February 11, 1938. The Commission deeming it necessary for the protection of investors that a hearing be held in this matter at which By the Commission. all interested persons be given an opportunity to be [seal] F rancis P. B rassor, Secretary. heard; "•v [F. R. Doc. 38-378; Filed, February 4,1938; 10:73 a. m.] It is ordered, That the matter be set down for hearing at 10:00 o’clock A. M. on Thursday, February 24, 1938, at 650 South Spring Street, Los Angeles, California, and continue United States of America—Before the Securities thereafter at such times and places as the Commission or its and Exchange Commission officers herein designated shall determine, and that general notice thereof be given; and At a regular session of the Securities and Exchange Com mission, held at its office in the City of Washington, D. C., It is further ordered, That Howard A. Judy and Charles on the 1st day of February, 1938. R. Burr, or either of them, officers of the Commission, be and they hereby are designated to administer oaths and [File No. 1-2949] affirmations, subpoena witnesses, compel their attendance, I n the Matter of K nud sen Creamery Company of Cali take evidence, and require the production of any books’ fornia $1.50 Cumulative Class “A” Common S hares, N o papers, correspondence, memoranda or other records deemed P ar Value relevant or material to the inquiry, and to perform all other ORDER SETTING HEARING ON APPLICATION TO WITHDRAW FROM duties in connection therewith authorized by law. LISTING AND REGISTRATION By the Commission. The Knudsen Creamery Company of California, pursuant [seal] F rancis P. B rassor, Secretary. to Section 12 (d) of the Securities Exchange Act of 1934, [F. R. Doc. 38-379; Filed, February 4,1938; 10:53 a. m.]