Public Law 402.
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(/us/pl/74/401).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That this Act mayFederal Alcohol Administration Act. be cited as the “Federal Alcohol Administration Act.” federal alcohol administrationFederal Alcohol Administration. Sec. 2.
(a)There is hereby created the Federal Alcohol AdministrationDivision established.*Post*, pp. 1964, 1965. as a division in the Treasury Department.
(b)The Administration shall be headed by an Administrator,Organization.Administrator; appointment, compensation. who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall for his services receive compensation at the rate of $10,000 per annum, together with actual and necessary traveling and subsistence expenses whileExpenses. engaged in the exercise of his powers and duties outside the District of Columbia. No person shall be eligible to appointment, or continueQualifications. in office, as Administrator if he is engaged or financially interested in, or is an officer or director of or employed by a corporation engaged in, the production or sale or other distribution of alcoholic beverages, or the financing thereof.
(c)The Administrator shall, without regard to the civil-servicePersonnel; appointment, compensation. laws and the Classification Act of 1923, as amended, appoint and fix the compensation and duties of such officers and employees as he deems necessary to carry out his powers and duties, but the compensation so fixed shall be subject to the approval of the Secretary of the Treasury. The Administrator is authorized to adopt an official seal,Official seal. which shall be judicially noticed.
(d)The Administrator is authorized and directed to prescribe suchRules and regulations. rules and regulations as may be necessary to carry out his powers and duties. All rules and regulations prescribed by the AdministratorApproval of. shall be subject to the approval of the Secretary of the Treasury.
(e)Appropriations to carry out powers and duties of the AdministratorAppropriations.*Post*, pp. 1125, 1834. shall be available for expenditure, among other purposes, for personal services and rent in the District of Columbia and elsewhere, expenses for travel and subsistence, for law books, books of reference, magazines, periodicals, and newspapers, for contract steno-graphic reporting services, for subscriptions for library services, for purchase of samples for analysis or use as evidence, and for holding conferences of State and Federal liquor control officials.
(f)The Administrator may, with the consent of the department orCooperation of Executive departments and agencies. agency affected, utilize the services of any department or other agency of the Government to the extent necessary to carry out his powers and duties and authorize officers and employees thereof to act as his agents. 978
(g)Federal Trade Com-mission Act; applicability of.Vol. 38, p. 722; [U. S. C., p. 517](/us/usc/p517). The provisions, including penalties, of sections 9 and 10 of the Federal Trade Commission Act, as now or hereafter amended, shall be applicable to the jurisdiction, powers, and duties of the Administrator, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Administrator.
(h)Reports to Administrator. The Administrator is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out hispowers and duties.
(i)To Congress. The Administrator shall make a report to Congress, at the beginning of each regular session, of the administration of the functions with which he is charged, and shall include in such report the names and compensation of all persons employed by the Administration. Unlawful businesses without permitunlawful businesses without permit Sec. 3. In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages:
(a)It shall be unlawful, except pursuant to a basic, permit issued under this Act by the Administrator—
(1)Importation of distilled spirits, wine, or malt beverages. to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or
(2)Interstate or foreign sale or delivery. for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported. Effective date of subsection.This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office.
(b)It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator—
(1)Unlawful manufacture. to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or
(2)Interstate or foreign sale or delivery through affiliate. for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled. Effective date of subsection.This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office.
(c)It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator—
(1)Unlawful purchasing for resale at wholesale. to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or
(2)Interstate or foreign sale or delivery through affiliate. for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased. Effective date of subsection.*Post*, p. 1152.Section not applicable to State agency, etc.This subsection shall take effect March 1, 1936. This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this Act. Permitspermits Sec. 4. Persons entitled to basic permit
(a)The following persons shall, on application therefor, be entitled to a basic permit: 979
(1)Any person who, on May 25, 1935, held a basic permit as distiller, rectifier, wine producer, or importer issued by an agency of the Federal Government.
(2)Any other person unless the Administrator finds
(A)that such person (or in case of a corporation, any of its officers, directors, or principal stockholders) has, within five years prior to date of application, been convicted of a felony under Federal or State law or has, within three years prior to date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof; or
(B)that such person is, by reason of his business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law; or
(C)that the operations proposed to be conducted by such person are in violation of the law of the State in which they are to be conducted.
(b)If upon examination of any application for a basic permit theRefusal to issue. Administrator has reason to believe that the applicant is not entitled to such permit, he shall notify the applicant thereof and, upon requestNotification to applicant; hearing. by the applicant, afford him due notice and opportunity for hearing on the application. If the Administrator, after affording such notice and opportunity for hearing, finds that the applicant is not entitled to a basic permit hereunder, he shall by order deny the application stating the findings which are the basis for his order.
(c)The Administrator shall prescribe the manner and form of allApplications for. applications for basic permits (including the facts to be set forth therein) and the form of all basic permits, and shall specify in anyAuthority conferred by permit to be specified. basic permit the authority conferred by the permit and the conditions thereof in accordance with the provisions of this Act. To theSeparate applications and permits; requirement. extent deemed necessary by the Administrator for the efficient administration of this Act, separate applications and permits shall be required by the Administrator with respect to distilled spirits, wine, and malt beverages, and the various classes thereof, and with respect to the various classes of persons entitled to permits hereunder. The issuance of a basic permit under this Act shall not operate to deprive the United States of its remedy for any violation of law.
(d)A basic permit shall be conditioned upon compliance with theIssue conditioned up on compliance with specified provisions.*Post*, p. 981.Vol. 48, p. 1749. requirements of section 5 (relating to unfair competition and unlawful practices) and of section 6 (relating to bulk sales and bottling), with the twenty-first amendment and laws relating to the enforcement thereof, and with all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect thereto.
(e)A basic permit shall by order of the Administrator, after dueRevocation, suspension, or annulment of permits. notice and opportunity for hearing to the permittee,
(1)be revoked, or suspended for such period as the Administrator deems appropriate, if the Administrator finds that the permittee has willfully violated any of the conditions thereof, provided that for a first violation of the conditions thereof the permit shall be subject to suspension only; or
(2)be revoked if the Administrator finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years; or
(3)be annulled if the Administrator finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. The order shallStatement of findings in order. state the findings which are the basis for the order.
(f)Orders of the Administrator with respect to any denialService of orders of Administrator. of application, suspension, revocation, annulment, or other proceedings, shall be served
(1)in person by any officer or employee of the Administration designated by the Administrator or any internal 980revenue or customs officer authorized by the Administrator for the purpose, or
(2)by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Administrator.
(g)Duration of permit. A basic permit shall continue in effect until suspended, revoked, or annulled as provided herein, or voluntarily surrendered; When voluntarily transferred.When transferred by operation of law, etc.except that
(1)if leased, sold or otherwise voluntarily transferred, the permit shall be automatically terminated thereupon, and
(2)if transferred by operation of law or if actual or legal control of the permittee is acquired, directly or indirectly, whether by stock-ownership or in any other manner, by any person, then such permit shall be automatically terminated at the expiration of thirty days *Proviso*.Application for new permit.thereafter: *Provided*, That if within such thirty-day period application for a new basic permit is made by the transferee or permittee, respectively, then the outstanding basic permit shall continue in effect until such application is finally acted on by the Administrator.
(h)Appeal from order denying application. An appeal may be taken by the permittee or applicant for a; permit from any order of the Administrator denying an application Petition to be filed.for, or suspending, revoking, or annulling, a basic permit. Such appeal shall be taken by filing, in the circuit court Time for filing.of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, within sixty days after the entry of such order, a written petition praying that the order of the Administrator be modified or set aside in whole or in part. Service of copy.A copy of such petition shall be forthwith served upon the Administrator, or upon any officer designated by him for that purpose, and Filing transcript of record.thereupon the Administrator shall certify and file in the court a transcript of the record upon which the order complained of was Jurisdiction of court.entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in Consideration of objections.whole or in part. No objection to the order of the Administrator shall be considered by the court unless such objection shall have been urged before the Administrator or unless there were reasonable Findings of fact.grounds for failure so to do. The finding of the Administrator as to the facts, if supported by substantial evidence, shall be conclusive. Leave to adduce additional evidence.If any party shall apply to the court for leave to adduce additional evidence, and shall snow to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence to be taken before the Administrator and to be adduced upon the hearing in such manner and upon such terms and conditions as to the Modification of findings of fact.New findings; filing.court may seem proper. The Administrator may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original Finality of judgment or decree.Review.Vol. 43, p. 938; [U. S C., p. 1271](/us/usc/p1271).order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Administrator shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title Commencement o proceedings to stay order of Administrator.28, secs. 346 and 347). The commencement of proceedings under this subsection shall, unless specifically ordered by the court to the contrary, operate as a stay of the Administrator’s order.
(i)Limitation on powei of Administrator to revoke or suspend permit. No proceeding for the suspension or revocation of a basic permit for violation of any condition thereof relating to compliance with Federal law shall be instituted by the Administrator 981more than eighteen months after conviction of the violation of Federal law, or, if no conviction has been had, more than three years after the violation occurred; and no basic permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise such violation. unfair competition and unlawful practicesUnfair competition and unlawful practices. Sec 5. It shall be unlawful for any person engaged in businessClasses of persons to whom practices prohibited. as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate:
(a)Exclusive outlet: To require, by agreement or otherwise, thatAcquisition of exclusive outlet. any retailer engaged in the sale of distilled spirits, wine, or malt beverages, purchase any such products from such person to the exclusion in whole or in part of distilled spirit, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce; or
(b)“Tied house”: To induce through any of the following means,Inducing exclusive purchasing arrangements with retailers. any retailer, engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce:
(1)By acquiring or holding (after the expiration of any existing license)Through holding interest in retail license. any interest in any license with respect to the premises of the retailer; or
(2)by acquiring any interest in real or personal property owned,Acquiring Interest in retail premises. occupied, or used by the retailer in the conduct of his business; or
(3)by furnishing, giving, renting, lending, or sellingFurnishing things of value. to the retailer, any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Administrator shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection; or
(4)by paying or crediting thePaying, etc., for advertising, etc., service. retailer for any advertising, display, or distribution service; or
(5)by guaranteeing any loan or the repayment of any financial obligation of the retailer; or
(6)by extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the Administrator and prescribed by regulations by him; or
(7)Requiring retailer to take products on quota basisby requiring the retailer to take and dispose of a certain quota of any of such products; or 982
(c)Inducing exclusive purchasing arrangements with retailers. Commercial bribery: To induce through any of the following means, any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such, person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade Through commercial bribery.Offering bonus to employee of buyer.buyer in interstate or foreign commerce:
(1)By commercial bribery; or
(2)by offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer; or
(d)Consignment sales.Prohibited practices. Consignment sales: To sell, offer for sale, or contract to sell to any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, or for any such trade buyer to purchase, offer to purchase, or contract to purchase, any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of such transaction involves, directly or indirectly, the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other distilled spirits, wine, or malt beverages—if such sale, purchase, offer, or contract is made in the course of interstate or foreign commerce, or if such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or *Proviso*.When provision inapplicable.foreign commerce: *Provided*, That this subsection shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold; or
(e)Labeling.Shipment or delivery of products not conforming to labeling regulations.*Post*, p. 1152. Labeling.— To sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or to receive therein, or to remove from customs custody for consumption, any distilled spirits, wine, or malt beverages in bottles, unless such products are bottled, packaged, and labeled in conformity with Standards for regulations.such regulations, to be prescribed by the Administrator, with respect to packaging, marking, branding, and labeling and size and fill of To prohibit deception of consumer.container
(1)as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matters To provide consumer with information respecting product.as the Administrator finds to be likely to mislead the consumer;
(2)as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are hereby prohibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or To inform consumer respecting use of neutral spirits.importer of the product;
(3)as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer 983of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled;
(4)as will prohibit statements on the label that are disparagingTo prohibit disparaging statements on labels.To prevent deception of consumer through misleading labels. of a competitor’s products or are false, misleading, obscene, or indecent; and
(5)as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: *Provided*, That*Provisos*.Limitation on application of clause. this clause shall not apply to the use of the name of any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, wine, or malt beverages, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to the date of the enactment of this Act; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products: *Provided further*, ThatUse of trade name or brand of foreign origin.*Post*, p. 1966 nothing herein nor any decision, ruling, or regulation of any Department of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as conspicuous as such name or brand. It shall be unlawful for any person to alter, mutilate, destroy,Alteration, mutilation, etc., of mark, etc., on beverages in interstate commerce. obliterate, or remove any mark, brand, or label upon distilled spirits, wine, or malt beverages held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Administrator authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law. In order to prevent the sale or shipment or other introduction ofRemoval for consumption of beverages from customs custody.*Post*, p. 1965. distilled spirits, wine, or malt beverages in interstate or foreign commerce, if bottled, packaged, or labeled in violation of the requirements of this subsection, no bottler, or importer of distilled spirits, wine, or malt beverages, shall, after such date as the Administrator fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than March 1, 1936, and only after thirty days’ public notice), bottle or remove from customs custody for consumption distilled spirits, wine, or malt beverages, respectively, unless theProhibited unless approved certificate of label issued. bottler or importer, upon application to the Administrator, has obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Administrator in such manner and form as he shall by regulations prescribe: *Provided*, That any such bottler shall be exempt from the*Proviso*.Exemption when beverage not for shipment. requirements of this subsection if the bottler, upon application to the Administrator, shows to the satisfaction of the Administrator 984that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or Withholding release of beverage unless certificate obtained.foreign commerce. Officers of internal revenue and customs are authorized and directed to withhold the release of such products from the bottling plant or customs custody unless such certificates have been obtained, or unless the application of the bottler for Jurisdiction of courts over action of Administrator upon applications.exemption has been granted by the Administrator. The district courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory, shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection; or
(f)Advertising.Prohibition on use of matter not conforming to regulations. Advertising: To publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter, any advertisement of distilled spirits, wine, or malt beverages, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with such regulations, to be prescribed by the Administrator, To prevent deception of consumer.(1) as will prevent deception of the consumer with respect to the products advertised and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guaranties, and scientific or irrelevant matters as the Administrator finds To provide consumer with information respecting product.to be likely to mislead the consumer;
(2)as will provide the consumer with adequate information as to the identity and quality of the products advertised, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by To require accurate statement respecting neutral spirits content.volume), and the person responsible for the advertisement;
(3)as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the To prohibit disparaging statements.commodity from which distilled;
(4)as will prohibit statements that are disparaging of a competitor’s products or are false, misleading, To prevent statements inconsistent with label statements.Outdoor advertising.obscene, or indecent;
(5)as will prevent statements inconsistent with any statement on the labeling of the products advertised. This subsection shall not apply to outdoor advertising in place on June 18, 1935, but shall apply upon replacement, restoration, or renovation Classes of persons to whom prohibitions not applicable.of any such advertising. The prohibitions of this subsection and regulations thereunder shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a distiller, brewer, rectifier, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate. Provisions not applicable to State agencies.The provisions of subsections (a), (b), and
(c)shall not apply to any act done by an agency of a State or political subdivision thereof, or by any officer or employee of such agency. 985 In the case of malt beverages, the provisions of subsections (a), (b),Malt beverages; pro-visions applicable to interstate transactions. (c), and
(d)shall apply to transactions between a retailer or trade buyer in any State and a brewer, importer, or wholesaler of malt beverages outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a brewer, importer, or wholesaler of malt beverages in such State, as the case may be. InLabeling provisions. the case of malt beverages, the provisions of subsections
(e)and
(f)shall apply to the labeling of malt beverages sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, or the advertising of malt beverages intended to be sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the law of such State imposes similar requirements with respect to the labeling or advertising, as the case may be, of malt beverages not sold or shipped or delivered for shipment or otherwise introduced into or received in such State from any place outside thereof. The Administrator shall give reasonable public notice, and afford toNotice prior to prescribing regulations; hearings. interested parties opportunity for hearing, prior to prescribing regulations to carry out the provisions of this section. bulk sales and bottlingBulk sales and bottling. Sec. 6.
(a)It shall be unlawful for any person—Unlawful practices.
(1)To sell or offer to sell, contract to sell, or otherwise disposeBulk sales of distilled spirits. of distilled spirits in bulk except, under regulations of the Administrator, for export or to the following, or to import distilled spirits in bulk except, under such regulations, for sale to or for use by the following: A distiller, rectifier of distilled spirits, person operating a bonded warehouse qualified under the internal-revenue laws or a class 8 bonded warehouse qualified under the customs laws, a winemaker for the fortification of wines, a proprietor of an industrial alcohol plant, or an agency of the United States or any State or political subdivision thereof.
(2)To sell or offer to sell, contract to sell, or otherwise disposeSales of warehouse receipts for distilled spirits. of warehouse receipts for distilled spirits in bulk unless such ware-house receipts require that the warehouseman shall package such distilled spirits, before delivery, in bottles labeled and marked in accordance with law, or deliver such distilled spirits in bulk only to persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.
(3)To bottle distilled spirits unless the bottler is a person toBottling distilled spirits. whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.
(b)Any person who violates the requirements of this section shall,Punishment for violations. upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year or both, and shall forfeit to the United States all distilled spirits with respect to which the violation occurs and the containers thereof.
(c)The term “in bulk” means in containers having a capacity“In bulk” construed. in excess of one wine gallon. penaltiesPenalties. Sec. 7. The District Courts of the United States, the Supreme CourtJurisdiction of courts. of the District of Columbia, and the United States court for any Territory, of the District where the offense is committed or threatened or of which the offender is an inhabitant or has his principal place of business, are hereby vested with jurisdiction of any suit brought by 986the Attorney General in the name of the United States, to prevent and Violations of sections 3 and 5; punishment.restrain violations of any of the provisions of this Act. Any person violating any of the provisions of sections 3 or 5 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than Compromise of liabilities.$1,000 for each offense. Subject to the approval of the Attorney General, the Administrator is authorized, with respect to any violation of this Act, to compromise the liability arising with respect to such violation
(1)upon payment of a sum not in excess of $500 for each offense, to be collected by the Administrator and to be paid into the Treasury as miscellaneous receipts, and
(2)in case of repetitious violations and in order to avoid multiplicity of criminal proceedings, upon agreement to a stipulation that the United States may, on its own motion upon five days’ notice to the violator, cause a consent decree to be entered by any court of competent jurisdiction enjoining the repetition of such violation. Interlocking directorates.interlocking directorates Sec. 8. Prohibition.
(a)Except as provided in subsection (b), it shall be unlawful for any individual to take office, after the date of the enactment of this Act, as an officer or director of any company, if his doing so would make him an officer or director of more than one company engaged in business as a distiller, rectifier, or Exception when application approved by Administrator; showing required.blender of distilled spirits, or of any such company and of a company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, or of more than one company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, unless, prior to taking such office, application made by such individual to the Administrator has been granted and after due showing has been made to him that service by such individual as officer or director of all the foregoing companies of which he is an officer or director together with service in the company with respect to which application is made will not substantially restrain or prevent competition in interstate or foreign commerce in Action of Administrator on application.distilled spirits. The Administrator shall, by order, grant or deny such application on the basis of the proof submitted to Jurisdiction of courts to review.him and his finding thereon. The District Courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection.
(b)Exceptions to prohibition. An individual may, without regard to the provisions of sub section (a), take office as an officer or director of a company described in subsection
(a)while holding the position of officer or director of any other such company if such companies are affiliates at the time of his taking office and if—
(1)Existing companies with interlocking directorates. Such companies are affiliates on the date of the enactment of this Act; or
(2)Companies complying with State laws. Each of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State; or
(3)One or more such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the laws of such State, and the other one or more of such companies not so organized, is in existence on the date of the enactment of this Act; or 987
(4)One or more of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State, and not more than one of such companies is a company which has not been so organized and which has been organized after the date of the enactment of this Act.
(c)As used in this section, the term “company” means a corporation,“Company” construed. joint stock company, business trust, or association, but does not include any agency of a State or political subdivision thereof or any officer or employee of any such agency.
(d)Any individual taking office in violation of this section shallPunishment for violation. be punished by a fine of not exceeding $1,000. disposal of forfeited alcoholic beveragesForfeited alcoholic beverages. Sec. 9.
(a)All distilled spirits, wine, and malt beverages forfeited,Delivery to Secretary of Treasury.*Post*, p. 1966. summarily or by order of court, under any law of the United States, shall be delivered to the Secretary of the Treasury to be disposed of as hereinafter provided.
(b)The Secretary of the Treasury shall dispose of all distilledDisposition. spirits, wine, and malt beverages which have been delivered to him pursuant to subsection (a)—
(1)By delivery to such Government agencies as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal, scientific, or mechanical purposes; or
(2)By gift to such eleemosynary institutions as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal purposes; or
(3)By destruction.
(c)No distilled spirits, wine, or malt beverages which have beenRestriction on other disposition. seized under any law of the United States, may be disposed of in any manner whatsoever except after forfeiture and as provided in this section.
(d)The Secretary of the Treasury is authorized to make all rulesRules and regulations. and regulations necessary to carry out the provisions of this section. federal alcohol control administrationFederal Alcohol Control Administration. Sec. 10. The Federal Alcohol Control Administration establishedAbolishment. by Executive order under the provisions of Title I of the National Industrial Recovery Act is hereby abolished. All papers, records, and property of such Federal Alcohol Control Administration are hereby transferred to the Administrator. This section shall takeEffective date. effect on the date that the Administrator first appointed under this Act takes office. Sec. 11. Section 610 of the Revenue Act of 1918, as amendedRevenue Act of 1918.Vol. 40, p. 1109; [U. S. C., p. 1166](/us/usc/p1166). (U. S. C., Supp. VII, title 26, sec. 1310), is amended by adding at the end thereof the following new paragraph: " “The provisions of the internal-revenue laws applicable to naturalCitrus-fruit wines.*Post*, p. 1957. wine shall apply in the same manner and to the same extent to citrus-fruit wines which are the product of normal alcoholic fermentation of the juice of sound ripe citrus fruit (except lemons and limes), with or without the addition of dry cane, beet, or dextrose sugar (containing, respectively, not less than 95 per centum of actual sugar, calculated on a dry basis) for the purpose of perfecting the product according to standards, but without the addition or abstraction of other substances, except as may occur in the usual cellar treatment of clarifying or aging.” " 988 Sec. 12. Vol. 40, p. 1110; Vol. 45, n. 868; Vol. 48, p. 314; [U. S. C., p. 1164](/us/usc/p1164). Section 612 of the Revenue Act of 1918, as amended (U. S. C., Supp. VII, title 26, sec. 1301), is amended to read as follows: " “Sec. 612. Fortification of wines; withdrawals from fruit distillery or bonded warehouses.*Post*, p. 1957. That under such regulations and official supervision and upon the giving of such notices, entries, bonds, and other security as the Commissioner, with the approval of the Secretary, may prescribe, any producer of wines defined under the provisions of this title may withdraw from any fruit distillery or special bonded warehouse grape brandy, or wine spirits, for the fortification of such wines on the premises where actually made, and any producer of citrus-fruit wines may similarly withdraw citrus-fruit brandy for the fortification of citrus-fruit wines on the premises *Provisos.*Tax levy.where actually made: *Provided*, That there shall be levied and assessed against the producer of such wines or citrus-fruit wines a tax (in lieu of the internal-revenue tax now imposed thereon by law) of 20 cents per proof gallon of grape brandy, citrus-fruit brandy, or wine spirit whenever withdrawn and hereafter so used by him in the fortification of such wines or citrus-fruit wines during the preceding month, which assessment shall be paid by him within Restriction.ten months from the date of notice thereof: *Provided further*, That nothing contained in this section shall be construed as exempting any wines, citrus-fruit wines, cordials, liqueurs, or similar compounds from the payment of any tax provided for in this title. Tax-free withdrawals; regulations.“Any such wines or citrus-fruit wines may, under such regulations as the Secretary may prescribe, be sold or removed tax free for the manufacture of vinegar, or for the production of dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume. “The taxes imposed by this section shall not apply to dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume.” " Sec. 13. Vol. 40, p. 1110; Vol. 48, p. 314; [U. S. C., p. 1164](/us/usc/p1164).Tax rate on liqueurs, etc., containing citrus-fruit wine, etc.*Post*, p. 1952.Vol. 26, p. 621; Vol. 40, p. 1111; [U. S. C., p. 1164](/us/usc/p1164).Fortification of pure sweet wines.*Post*, p. 1958.Use of citrus-fruit brandy. Section 613 of the Revenue Act of 1918, as amended (U. S. C., Supp. VII, title 26, sec. 1300
(a)(2)), is amended by inserting after “grape brandy” a comma and the following: “or containing citrus-fruit wine fortified with citrus-fruit brandy”. Sec. 14. Section 42 of the Act entitled “An Act to reduce the revenue and equalize duties on imports, and for other purposes”, approved October 1, 1890, as amended (U. S. C., Supp. VII, title 26, sec. 1302(a)), is amended by inserting at the end thereof the following new paragraph: " “The provisions of this section and section 43 shall apply to the use of citrus-fruit brandy in the preparation of fortified citrus-fruit wines in the same manner and to the same extent as such provisions apply to the use of wine spirits in the fortification of sweet wines, except that no brandy (other than a citrus-fruit brandy) may be used in the fortification of citrus-fruit wine and a citrus-fruit brandy prepared from one kind of citrus fruit may not be used for the fortification of a citrus-fruit wine prepared from another kind of citrus fruit or for the fortification of a wine prepared from any fruit other than citrus fruit.” " Sec. 15. [R. S., sec. 3255, p. 627](/us/rs/s3255/p627); [U. S. C., p. 1148](/us/usc/p1148).Vol. 40, p. 1114. Section 3255 of the Revised Statutes, as amended (U. S. C., Supp. VTI, title 26, sec. 1176), is amended to read as follows: " “Sec. 3255. Exemption of distillers of brandy from requirements relating to spirits manufacture.*Post*, p. 1959. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may exempt distillers of brandy made exclusively from apples, peaches, grapes, oranges, pears, pineapples, apricots, berries, plums, pawpaws, persimmons, prunes, figs, cherries, dates, or citrus fruits (except lemons and limes) from any provision of the internal-revenue laws relating to the manufac989ture of spirits, except as to the tax thereon, when in his judgment it may seem expedient to do so: *Provided*, That where, in the manufacture*Provisos.*When artificial sweetening used in wine manufacture. of wine or citrus-fruit wine, artificial sweetening has been used, the wine, or the fruit pomace residuum thereof, or the citrus-fruit wine may be used in the distillation of brandy or citrus-fruit brandy, as the case may be, and such use shall not prevent the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, from exempting such distiller from any provision of the internal-revenue laws relating to the manufacture of spirits, except as to the tax thereon, when in his judgment it may seem expedient to do so: *And provided further*, That the distillers mentionedSugar solation additions. in this section may add to not less than five hundred gallons (ten barrels) of grape cheese not more than five hundred gallons of a sugar solution made from cane, beet, starch, or corn sugar, 95 per centum pure, such solution to have a saccharine strength of not to exceed 10 per centum, and may ferment the resultant mixture on a winery or distillery premises, and such fermented product shall be regarded as distilling material.” " Sec. 16.
(a)Section 1 of the Act of March 3, 1877, as amendedVol. 19, p. 393: [U. S. C., p. 1159](/us/usc/p115).Special bonded warehouses; number. (U. S. C., Supp. VII,11So in original. sec. 1250), is amended by striking out “not exceeding ten in numbers in any one collection-district,” and by inserting at the end of such section the following new paragraph: " “The Commissioner of Internal Revenue, under such regulations as he may promulgate from time to time with the approval of the Secretary of the Treasury, may, in his discretion, establish such warehouses adjacent to distilleries, and may, in his discretion, permit the removal of brandy directly from the distillery to such warehouses, and from such warehouses to the distillery warehouse of the producing distiller.” "
(b)Section 51 of the Act of August 27, 1894, as amended (U. S. C.,Vol. 28, p. 564; [U. S. C., p. 1160](/us/usc/p1160).*Post*, p. 1961. Supp. VII,11So in original. sec. 1265), is amended by striking out “not exceeding ten in number in any one collection district,” and by inserting at the end of such section the following new paragraph: " “The Commissioner of Internal Revenue, under such regulationsEstablishment of warehouses adjacent to distilleries; removal of brandy. as he may promulgate from time to time with the approval of the Secretary of the Treasury, may, in his discretion, establish such warehouses adjacent to distilleries, and may, in his discretion, permit the removal of spirits directly from the distillery to such warehouses, and from such warehouses to the distillery warehouse of the producing distiller.” " miscellaneousMiscellaneous. Sec. 17.
(a)As used in this Act—Definitions.
(1)The term “Administrator” means the head of the Federal“Administrator.” Alcohol Administration.
(2)The term “United States” means the several States and“United States”: “State.” Territories and the District of Columbia; the term “State” includes a Territory and the District of Columbia; and the term “Territory.”“Territory” means Alaska, Hawaii, and Puerto Rico.
(3)The term “interstate or foreign commerce” means commerce“Interstate or foreign commerce.” between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.
(4)The term “person” means individual, partnership, joint stock“Person.” company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term “trade buyer” means any“Trade buyer.” person who is a wholesaler or retailer. 990
(5)“Affiliate.” The term “affiliate” means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.
(6)“Distilled spirits.” The term “distilled spirits” means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilied spirits, including all dilutions and mixtures thereof, for nonindust rial use.
(7)“Wine.” Vol. 40, p. 1110; [U. S. C., p. 1104](/us/usc/p1104). The term “wine” means
(1)wine as defined in section 610 and section 617 of the Revenue Act of 1918 (U. S. C., title 26, secs. 441 and 444) as now in force or hereafter amended, and
(2)other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and sake; in each instance only if containing not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for nonindustrial use.
(8)“Malt beverage.” The term “malt beverage” means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.
(9)“Bottle.” The term “bottle” means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail.
(b)Reservation of right to amend. The right to amend or repeal the provisions of this Act is expressly reserved.
(c)Separability of provisions. if any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Approved, August 29, 1935. To authorize the acceptance of bids for Government contracts made subject to codes of fair competition. 1935-08-29 815 Chapter 49 Stat. 990 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 815.] JOINT RESOLUTION To authorize the acceptance of bids for Government contracts made subject to codes of fair competition. August 29, 1935.[[S. J. Res. 163](/us/bill/74/sjres/163).][[Pub. Res., No. 65](/us/bill/74/pubres/65).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Government contracts.Acceptance of bids made subject to codes of fair competition. That no bid submitted prior to the enactment of this joint resolution in response to the invitation of any executive department, independent establishment, or other agency or instrumentality of the United States, the District of Columbia, or any corporation all the stock of which is owned by the United States (all of the foregoing being hereinafter designated as “agencies of the United States”), if otherwise valid and acceptable, shall be rejected because made subject to the provisions of any code or codes of fair competition, or any related requirements (as provided in Executive Order Numbered 6646 of March 14, 1934), Requirement.if the bidder, with the assent of his surety, shall agree in writing that the contract, if entered into, shall, in lieu of such code provisions or other related requirements, be subject to all Acts of Congress, 991enacted after the date of enactment of this joint resolution, requiring 11So in original.the observance of minimum wages, maximum hours, or limitations as to age of employees in the performance of contracts with agencies of the United States. In such cases the compensation provided forReduction of compensation stated in contract. in the contract shall be reduced from that stated in the bid by the amount that the contracting officer, subject to the approval of the Comptroller General, shall find the cost of performing the contract is reduced solely by reason of the contractor not complying with the provisions of such code or codes or related requirements; and theIncrease when cost of performance increased by reason of compliance with subsequent Acts of Congress. compensation for the performance of the contract shall be increased from that fixed in the contract by the amount that the contracting officer, subject to the approval of the Comptroller General, shall find the cost of performing the contract has been increased solely by reason of compliance with such subsequent Acts of Congress, if any, relating to the performance of contracts with agencies of the United States. Approved, August 29, 1935. To extend the time within which contracts may be modified or canceled under the provisions of section 5 of the Independent Offices Appropriation Act, 1934. 1935-08-29 816 Chapter 49 Stat. 991 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 816.] JOINT RESOLUTION To extend the time within which contracts may be modified or canceled under the provisions of section 5 of the Independent Offices Appropriation Act, 1934. August 29, 1935.[[S. J. Res. 175](/us/bill/74/sjres/175).][[Pub. Res., No. 66](/us/bill/74/pubres/66).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5Ocean mail, postal service.Time for modification of contracts, extended.Vol. 48, p. 305;[ U. S. C., p. 1806](/us/usc/p1806).*Ante*, p. 101.Fraudulent or illegal contracts. of the Independent Offices Appropriation Act, 1934, as amended, be amended by striking out “October 31, 1935” and inserting in lieu thereof “March 31, 1936”: *Provided*, That the right of the United States to annul any fraudulent or illegal contract or to institute suit to recover sums paid thereon is in no manner affected by this joint resolution. Approved, August 29, 1935. To stabilize the bituminous coal-mining industry and promote its interstate commerce; to provide for cooperative marketing of bituminous coal; to levy a tax on bituminous coal and provide for a drawback under certain conditions; to declare the production, distribution, and use of bituminous coal to be affected with a national public interest; to conserve the bituminous coal resources of the United States; to provide for the general welfare, and for other purposes; and providing penalties. 1935-08-30 824 Chapter 49 Stat. 991 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 824.] AN ACT To stabilize the bituminous coal-mining industry and promote its interstate commerce; to provide for cooperative marketing of bituminous coal; to levy a tax on bituminous coal and provide for a drawback under certain conditions; to declare the production, distribution, and use of bituminous coal to be affected with a national public interest; to conserve the bituminous coal resources of the United States; to provide for the general welfare, and for other purposes; and providing penalties. August 30, 1935.[[H. R. 9100](/us/bill/74/hr/9100).][[Public, No. 402](/us/pl/74/402).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it is herebyBituminous Coal Conservation Act of 1935.Declaration of necessity for regulation of bituminous coal industry. recognized and declared that the mining of bituminous coal and its distribution by the producers thereof in and throughout the United States are affected with a national public interest; that the service of bituminous coal in relation to the industrial activities, the transportation facilities, the health and comfort of the people of the United States; the conservation of bituminous coal deposits in the United States by controlled production and economical mining and marketing; the maintenance of just and rational relations between the public, owners, producers, and employees; the right of the public to constant and ample supplies of coal at reasonable prices; and the general welfare of the Nation require that the bituminous coal industry be regulated as herein provided. 992 It is further recognized and declared that all production of bituminous coal and distribution by the producers thereof bear upon and directly affect its interstate commerce and render regulation of all such production and distribution imperative for the protection of such commerce and the national public service of bituminous coal and the normal governmental revenues derivable from such industry; that the excessive facilities for the production of bituminous coal and the overexpansion of the industry have led to practices and methods of production, distribution, and marketing of such coal that waste such coal resources of the Nation, disorganize the interstate commerce in such coal and portend the destruction of the industry itself, and burden and obstruct the interstate commerce in such coal, to the end that control of such production and regulation of the prices realized by the producers thereof are necessary to promote its interstate commerce, remove burdens and obstructions therefrom, and protect the national public interest therein; that practices prevailing in the production of bituminous coal directly affect its interstate commerce and require regulation for the protection of that commerce, and that the right of mine workers to organize and collectively bargain for wages, hours of labor, and conditions of employment should be guaranteed in order to prevent constant wage cutting and the establishment of disparate labor costs detrimental to fair competition in the interstate marketing of bituminous coal, and in order to avoid those obstructions to its interstate commerce that recur in the industrial disputes over labor relations at the mines. National Bituminous Coal Commissionnational bituminous coal commission Sec. 2. Establishment; composition.*Post*, p. 1761.
(a)There is hereby established in the Department of the Interior a National Bituminous Coal Commission (herein referred to as “Commission”), which shall be composed of five members appointed by the President, by and with the advice and consent of the Terms of office.Senate, for a term of four years or until the prior termination of Chairman; official seal.Vacancies.this title. The Commission shall annually designate its chairman, and shall have a seal which shall be judicially recognized. Any person appointed to fill a vacancy shall be appointed only for the Principal office.unexpired term of his predecessor in office. The Commission shall have an office in the city of Washington, District of Columbia, and shall convene at such times and places as the majority of the Qualifications.Commission shall determine. The members of the Commission shall have no financial interest, direct, or indirect, in the mining, transportation, or sale of, or manufacture of equipment for, coal, oil, or gas, or in the generation, transmission, or sale of hydroelectric power, or in the manufacture of equipment for the use thereof, and shall Removals.not engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, Secretary and other personnel.[U. S. C., p. 85](/us/usc/p85).neglect of duty, or malfeasance in office. The Commission shall, with due regard to the provisions of the civil-service laws or the Classification Act of 1923, as amended, appoint and fix the compensation and duties of a secretary and necessary clerical and other assistants, none of whom shall be related to any member of the Commission by Compensation.marriage or within the third degree by blood. The members of the Commission shall each receive compensation at the rate of $10,000 per Powers.year and necessary traveling expenses. Such Commission shall have the power to make and promulgate all reasonable rules and Annual report.regulations for carrying out the provisions of this Act, and shall annually make full report of its activities to the Secretary of the Interior for transmission to Congress. Upon all matters within its jurisdiction coming before it for determination, it shall have the power and duty 993of hearing evidence and finding facts upon which its orders and action may be predicated, and its findings of fact supported by anyFindings of fact. substantial evidence shall be conclusive upon review thereof by any court of the United States.
(1)There shall be an office in the Department of the InteriorConsumers’ Counsel of the National Bituminous Coal Commission.Establishment.*Post*, p. 1761.Counsel; appointment of.Qualifications. to be known as the office of the Consumers’ Counsel of the National Bituminous Coal Commission. The office shall be in charge of a counsel to be appointed by the President, by and with the advice and consent of the Senate. The counsel shall have no financial interest, direct or indirect, in the mining, transportation, or sale of, or the manufacture of equipment for, coal, oil, or gas, or in the generation, transmission, or sale of hydroelectric power, or in the manufacture of equipment for the use thereof, and shall not engage in any other business, vocation, or employment. The counsel shall receive compensationCompensation; expenses. at the rate of $10,000 per year and necessary traveling expenses.
(2)It shall be the duty of the counsel to appear in the interest of the consuming public in any proceeding before the Commission and to conduct such independent investigation of matters relative to the bituminous coal industry and the administration of this Act as he may deem necessary to enable him properly to represent the consuming public in any proceeding before the Commission. In anyRights in proceeding before Commission. proceeding before the Commission in which the counsel has entered an appearance, the counsel shall have the right to offer any relevant testimony and argument, oral or written, and to examine and cross-examine witnesses and parties to the proceeding, and shall have the right to have subpena or other process of the Commission issue in his behalf. Whenever the counsel finds that it is in the interest ofInformation to be furnished. the consuming public to have the Commission furnish any information at its command or conduct any investigation as to any matter within its authority, then the counsel shall so certify to the Commission, specifying in the certificate the information or investigation desired. Thereupon the Commission shall promptly furnish to the counsel the information or promptly conduct the investigation and place the results thereof at the disposal of the counsel.
(3)Within the limitations of such appropriations as the CongressAppointment and compensation of assistants.*Post*, p. 1119. may from time to time provide, the counsel is authorized, with due regard to the civil service laws and the Classification Act of 1923, as amended, to appoint and fix the compensation and duties of such assistants and clerks, and is authorized to make such expenditures, as may be necessary for the performance of the duties vested in him. tax on bituminous coalTax on bituminous coal. Sec. 3. There is hereby imposed upon the sale or other disposal ofImposition; amount. all bituminous coal produced within the United States an excise tax of 15 per centum on the sale price at the mine, or in the case of captive coal the fair market value of such coal at the mine, such tax, subject to the later provisions of this section, to be payable to the UnitedPayment. States by the producers of such coal, and to be payable monthly for each calendar month, on or before the first business day of the second succeeding month, and under such regulations, and in such manner, as shall be prescribed by the Commissioner of Internal Revenue: *Provided*, That in the case of captive coal produced as aforesaid, the*Provisos*.Price in case of captive coal. Commissioner of Internal Revenue shall fix a price therefor at the current market price for the comparable kind, quality, and size of coals in the locality where the same is produced: *Provided further*,Drawback; entitlement to. That any such coal producer who has filed with the National Bituminous Coal Commission his acceptance of the code provided for in section 4 of this Act, and who acts in compliance with the 994provisions of such code, shall be entitled to a drawback in the form of a credit upon the amount of such tax payable hereunder, equivalent to 90 per centum of the amount of such tax, to be allowed and deducted therefrom at the time settlement therefor is required, in such manner as shall be prescribed by the Commissioner of When right of drawback to begin.Internal Revenue. Such right or benefit of drawback shall apply to all coal sold or disposed of from and after the day of the producer’s filing with the Commission his acceptance of said code Right of producer to contest provisions of code.in such form or agreement as the Commission may prescribe. No producer shall by reason of his acceptance of the code provided for in section 4 or of the drawback of taxes provided in section 3 of this Act be held to be precluded or estopped from contesting the constitutionality of any provision of said code, or its validity as applicable to such producer. Bituminous coal code.bituminous coal code Sec. 4. Working agreement. The provisions of this section shall be formulated by the Commission into a working agreement, to be known as the “Bituminous Coal Code”, and herein referred to as the “Code.” Producers accepting and operating under its provisions are herein referred to as “Code members.” Conditions, provisions, and obligations.For the purpose of carrying out the declared policy of this Act, the code shall contain the following conditions, provisions, and obligations which will tend to regulate interstate commerce in bituminous coal and transactions directly affecting interstate commerce in bituminous coal: Part I—Part I—Organization and production.District boards of coal producers; number.Individual boards; determination of membership.Organization and Production
(a)Twenty-three district boards of coal producers shall be organized. Each district board shall consist of not less than three nor more than seventeen members. The number of members of the district board shall, subject to the approval of the Commission, be determined by the majority vote of the district tonnage during the calendar year 1934 represented at a meeting of the producers of the district called for the purpose of such determination and for the election of such district board; and all known producers within the district shall be given notice of the time and place of the meeting. Producer members.All but one of the members of the district board shall be producers or representatives of producers truly representative of all the mines of the district. The number of such producer members shall be an Elections.even number. One-half of such producer members shall be elected by the majority in number of the producers of the district represented at the aforesaid meeting. The other producer members shall be elected by votes cast in the proportion of the annual tonnage output for the preceding calendar year of the producers in the district, with the right on the part of the producers to vote their tonnage *Proviso*.Restriction.cumulatively: *Provided*, That not more than one officer or employee of any producer within a district shall be a member of the district Members representing employees.board at the same time. The remaining member of each district board shall be selected by the organization of employees representing the preponderant number of employees in the industry of Terms of office.the district in question. The term of district board members shall be two years and until their successors are elected. Authority of Commission to increase membership of board.In case any marketing agency comprising a substantial number of code members in any producing field within a district establishes, to the satisfaction of the Commission, that it has no representation upon the district board and that it is fairly entitled thereto, the Commission may, in its discretion, after hearing, increase the membership of such district board so as to provide for such representation. 995 Marketing agencies may be established or maintained within anyMarketing agencies; establishment. district by a voluntary association of producers within any producing Held therein, as such producing field may be defined by the district board, and function under such general rules and regulationsRules and regulations of district boards governing. as may be prescribed by the district board, with the approval of the Commission, for the purpose of marketing their coal with due respect for the standards of unfair competition as defined in this Act. Each such marketing agency shall impose no unreasonableImposition of unreasonable conditions of membership prohibited. or inequitable conditions of membership and shall be truly representative of at least one-third of the tonnage of any producing field or group of producing fields. The term “marketing agency” or “agencies”“Marketing agency”; “agencies’; defined. as used in this Act shall include any trade association of coal producers complying with the requirements of a marketing agency and exercising the functions thereof. The district boards and marketing agencies shall each have powerPowers of district boards and marketing agencies. to adopt bylaws and rules of procedure, subject to approval of the Commission, and to appoint officers from their own membership, to fix their terms and compensation, to provide for reports, and to employ such committees, employees, arbitrators, and other persons necessary to effectuate their purposes. Members of the district boardService of members of district board without compensation. shall serve, as such, without compensation, but may be reimbursed for their reasonable expenses. The territorial boundaries or limits ofTerritorial limits of districts. such twenty-three districts are set forth in the schedule entitled “Schedule of Districts” and annexed to this Act: *Provided*, That the*Proviso*. Modifications. territorial boundaries or limits of any district or districts may be changed, or said districts may be divided or consolidated, after hearing, by the Commission.
(b)The expense of administering the code by the respective districtAdministration of codes; expenses. boards shall be borne by those subject to the jurisdiction of such boards, respectively, each paying his proportionate share, as assessed, computed on a tonnage basis, in accordance with regulations prescribed by such boards with the approval of the Commission. Such assessmentsAssessments and collection. may be collected by the district board by action in any court of competent jurisdiction.
(c)Nothing contained in this Act shall constitute the members ofRelationship and liability of members of board. a district board partners for any purpose. Nor shall any member of a district board be liable in any manner to any one for any act of any other member, officer, agent or employee of the district board. Nor shall any member of a district board, exercising reasonable diligence in the conduct of his duties under this Act, be liable to any one for any action or omission to act under this Act, except for his own willful misfeasance, or for nonfeasance involving moral turpitude. Part II— MarketingPart II—Marketing. The district boards and code members shall accept and be subject toMinimum and maximum prices; manner of fixing; approval of commission. the jurisdiction of the Commission to approve or to fix minimum and maximum prices, as follows:
(a)All code members shall, in their respective districts, report allReports and records by code members. spot orders to the district board and shall file with it copies of all contracts for the sale of coal, copies of all invoices, copies of all credit memoranda, and such other information concerning the preparation, cost, sale, and distribution of coal as the Commission may authorize or require. All such records shall be held by the district board as theConfidential nature of records. confidential records of the code member filing such information. Each district board may set up and maintain a statistical bureau,Statistical bureaus; maintenance of. and the district board may require that such reports and other information in this subsection described shall be filed with such statistical bureau in lieu of the filing thereof with the district board. 996 Establishment of minimum prices by district board.Each district board shall, from time to time on its own motion or when directed by the Commission, establish minimum prices free on board transportation facilities at the mines for kinds, qualities, and sizes of coal produced in said district, with full authority, in establishing such minimum prices, to make such classification of coals and price variations as to mines and consuming market areas as it may deem necessary and proper. In order to sustain the stabilization of wages, working conditions, and maximum hours of labor, said prices shall be established so as to yield a return per net ton for each district in a Computation of total costs.minimum price area, as such districts are identified and such area is defined in the subjoined table designated “Minimum-price area table”, equal as nearly as may be to the weighted average of the total costs, per net ton, determined as hereinafter provided, of the tonnage of such minimum price area. The computation of the total costs shall include the cost of labor, supplies, power, taxes, insurance, workmen’s compensation, royalties, depreciation, and depletion (as determined by the Bureau of Internal Revenue in the computation of the Federal income tax) and all other direct expenses of production, coal operators’ association dues, district board assessments for Board operating expenses only levied under the code, and reasonable costs of selling and the cost of administration. Minimum-price-area table.minimum-price-area table Area 1: Eastern Pennsylvania, district 1; western Pennsylvania, district 2; northern West Virginia, district 3; Ohio, district 4; Michigan, district 5; Panhandle, district 6; Southern numbered 1, district 7; Southern numbered 2, district 8; West Kentucky, district 9; Illinois, district 10; Indiana, district 11; Iowa, district 12; that part of Southeastern, district 13, comprising Van Buren, Warren, and McMinn Counties in Tennessee. Area 2: Southeastern, district 13, except Van Buren, Warren, and McMinn Counties in Tennessee. Area 3: Arkansas-Oklahoma, district 14. Area 4: Southwestern, district 15. Area 5: Northern Colorado, district 10; southern Colorado, district 17; New Mexico, district 18. Area 6: Wyoming, district 19; Utah, district 20. Area 7: North Dakota and South Dakota, district 21. Area 8: Montana, district 22. Area 9: Washington, district 23. Factors in establishing minimum prices.The minimum prices so established shall reflect, as nearly as possible, the relative market value of the various kinds, qualities, and sizes of coal, shall be just and equitable as between producers within the district, and shall have due regard to the interests of the consuming public. The procedure for establishment of minimum prices shall be in accordance with rules and regulations to be approved by the Commission. Schedule to be submitted to Commission.A schedule of such minimum prices, together with the data upon which they are computed, including, but without limitation, the factors considered in determining the price relationship shall be Action of Commission.submitted by the district board to the Commission, which may approve, disapprove, or modify the same to conform to the requirements of this subsection, and such approval, disapproval, or modification shall be binding upon all code members within the district, subject to such modification therein as may result from the *Proviso*. Requirement respecting minimum prices.coordination provided for in the succeeding subsection (b): *Provided*, That all minimum prices established for any kind, quality, or size of coal 997for shipment into any consuming market area shall be just and equitable as between producers within the district: *And provided further*,Dumping. That no minimum price shall be established that permits dumping. As soon as possible after its creation, each district board shall District boards; determination of tonnage produced during 1934. Adjustments to reflect changes.determine the weighted average of the total costs of the ascertainable tonnage produced in the district in the calendar year 1934. The district board shall adjust the average costs so determined, as may be necessary to give effect to any changes in wage rates, hours of employment, or other factors substantially affecting costs, exclusive of seasonal changes, so as to reflect as accurately as possible any change or changes which may have been established since January 1, 1934. Such determination and the computations upon which it isSubmission of determination to Commission. based shall be promptly submitted to the Commission by each district board in the respective minimum-price area. The Commission shallDetermination of weighted average of total costs. thereupon determine the weighted average of the total costs of the tonnage for each minimum-price area in the calendar year 1934, adjusted as aforesaid, and transmit it to all the district boards within such minimum-price area. Said weighted average of the total costs Use as basis in establishing minimum prices.shall be taken as the basis for the establishment of minimum prices to be effective until changed by the Commission. Thereafter, uponModifications. satisfactory proof made at any time by any district board of a change in excess of 2 cents per net ton of two thousand pounds in the weighted average of the total costs in the minimum-price area, exclusive of seasonal changes, the Commission shall increase or decrease the minimum prices accordingly. The weighted averageAvailability of weighted average of total cost to public. figures of total cost determined as aforesaid shall be available to the public. Each district board shall, on its own motion or when directedRules respecting sales and distribution. by the Commission, establish reasonable rules and regulations incidental to the sale and distribution of coal by code members within the district. Such rules andAction of Commission. regulations shall not be inconsistent with the requirements of this section and shall conform to the standards of fair competition hereinafter established. Such rules and regulations shall be submitted by the district board to the Commission with a statement of the reasons therefor, and the Commission may approve, disapprove, or modify the same, and such approval, disapproval, or modification shall be binding upon all code members within the district.
(b)District boards shall, under rules and regulations establishedCoordination of minimum prices and rules in market areas. by the Commission, coordinate in common consuming market areas upon a fair competitive basis the minimum prices and the rules and regulations established by them, respectively, under subsection
(a)hereof. Such coordination, among other factors, but without limitation, shall take into account the various kinds, qualities, and sizes of coal, and transportation charges upon coal. All minimumRequirements of minimum prices. prices established for any kind, quality, or size of coal for shipment into any consuming market area shall be just and equitable, and not unduly prejudicial or preferential, as between and among districts, and shall reflect, as nearly as possible, the relative market values, at points of delivery in each common consuming market area of the various kinds, qualities and sizes of coal produced in the various districts: to the end of affording the producers in the several districts substantially the same opportunity to dispose of their coals upon a competitive basis as has heretofore existed. The minimum prices established as a result of such coordination shall not, as to any district, reduce or increase the return per net ton upon all the coal produced therein below or above the minimum return as provided in subsection
(a)of this section by an amount greater than necessary to accomplish such coordination, to the end that the return per net 998ton upon the entire tonnage of the minimum price area shall approximate and be not less than the weighted average of the total costs Submission of coordinated prices and rules to Commission; action thereon.per net ton of the tonnage of such minimum price area. Such coordinated prices and rules and regulations, together with the data upon which they are predicated, shall be submitted to the Commission, which may approve, disapprove, or modify the same to establish and maintain such fair competitive relationship, and such approval, disapproval, or modification shall be binding upon all Dumping prohibited.code members within the affected districts. No minimum price Investigations to determine fairness of method of fixing minimum prices.shall be established that permits dumping. On the petition of any district board or other party in interest or on its own motion, after notice to the district boards, the Commission may at any time conduct hearings to determine whether the foregoing method of fixing minimum prices under subsection
(a)is prejudicial to any district with respect to the fair opportunity of such district to market its Establishment of different basis.coal. Should the Commission so find, and further find that the prejudice cannot be removed through the coordination of minimum prices as provided for in this subsection (b), then the Commission may establish a different basis for determining minimum prices in such district, to the end that fair and competitive prices shall prevail in the marketing of the coal produced in such district: *Provided*,*Proviso*.Minimum return. That the minimum prices so established as to any such district shall yield a return, per net ton, not less than the weighted average of the total costs, per net ton, of the tonnage of such district.
(c)Maximum prices; establishment by Commission to protect consumer. When, in the public interest, the Commission deems it necessary to establish maximum prices for coal in order to protect the consumer of coal against unreasonably high prices therefor, the Commission shall have the right to fix maximum prices free on board transportation facilities for coal in any district. Such maximum prices shall be established at a uniform Increase above the minimum prices in effect within the district at the time, so that in the aggregate the maximum prices shall yield a reasonable return above the *Proviso*.Cost plus reasonable profit to be maintained.weighted average total cost of the district: *Provided*, That no maximum price shall be established for any mine which shall not return cost plus a reasonable profit.
(d)Complaints by code member or district board. If any code member or district board, or any State or political subdivision of a State, shall be dissatisfied with such coordination of prices or rules and regulations, or by a failure to establish such coordination of prices or rules and regulations, or by the maximum prices established for him or it pursuant to subsection
(c)of this section, he or it shall have the right, by petition, to make complaint to the Commission, and the Commission shall, under rules and Notice and hearingregulations established by it, and after notice and hearing, make such order as may be required to effectuate the purpose of subsections
(b)and
(c)of this section, which order shall be binding upon all parties Preliminary order.in interest. Pending final disposition of such petition, and upon reasonable showing of necessity therefor, the Commission may make such preliminary or temporary order as in its judgment may be appropriate, and not inconsistent with the provisions of this Act.
(e)Code violations; sale, etc., of coal below minimum or above maximum prices. Subject to the exceptions provided in section 12 of this Act, no coal shall be sold or delivered at a price below the minimum or above the maximum therefor approved or established by the Commission, and the sale or delivery of coal at a price below such minimum or above such maximum shall constitute a violation of the code. Contracts for sale.Subject to the exceptions provided in section 12 of this Act, a contract for the sale of coal at a price below the minimum or above the maximum therefor approved or established by the Commission at the time of the making of the contract shall constitute a violation of the code, and such contract shall be invalid and unenforceable. 999 From and after the date of approval of this Act, until prices shallRestriction, on contracts until prices established. have been established pursuant to subsections
(a)and
(b)of part II of this section, no contract for the sale of coal shall be made providing for delivery for a period longer than thirty days from the date of the contract. While this Act is in effect no code member shall make any contractProhibition on contracts for sale below minimum or above maximum prices while Act in effect. for the sale of coal for delivery after the expiration date of this Act at a price below the minimum or above the maximum therefor approved or established by the Commission and in effect at the time of making the contract. The minimum prices established in accordance with the provisionsExemption: coal shipped outside domestic market. of this section shall not apply to coal sold by a code member and shipped outside the domestic market. The domestic market shall include all points within the continental United States and Canada, and car-ferry shipments to the Island of Cuba. Bunker coal deliveredBunker coal. to steamships for consumption thereon shall be regarded as shipped within the domestic market. Maximum prices establishedCoal shipped outside continental United States. in accordance with the provisions of this section shall not apply to coal sold by a code member and shipped outside the continental United States.
(f)All data, reports, and other information in the possession ofAvailability of information possessed by National Recovery Administration. the National Recovery Administration in relation to bituminous coal shall be available to the Commission for the administration of this Act.
(g)The price provisions of this Act shall not be evaded or violatedEvasions of price provisions prohibited. by or through the use of docks or other storage facilities or transportation facilities, or by or through the use of subsidiaries, affiliated sales or transportation companies or other intermediaries or instrumentalities, or by or through the absorption, directly or indirectly, of any transportation or incidental charge of whatsoever kind or character, or any part thereof. The Commission is hereby Rules and regulations.authorized, after investigation and hearing, and upon notice to the interested parties, to make and issue rules and regulations to make this subsection effective.
(h)All sales and contracts for the sale of coal shall be subject toEffectiveness of code prices. the code prices herein provided for and in effect at the time of the making of such sales and contracts. The Commission shall prescribePrice allowance on resales in cargo or car-load lots. the price allowance to and receivable by persons who purchase coal for resale, and resell it in not less than cargo or railroad carload lots; and shall require the maintenance by such persons, in the resale of coal, of the minimum prices established under this Act. unfair methods of competitionUnfair methods of competition.
(i)The following practices shall be unfair methods of competitionPractices enumerated. and shall constitute violations of the code: 1. The consignment of unordered coal, or the forwarding of coalConsignment of unordered coal. which has not actually been sold, consigned to the producer or his agent: *Provided, however*, That coal which has not actually been*Proviso*.Exception. sold may be forwarded, consigned to the producer or his agent at rail or track yards, tidewater ports, river ports, or lake ports, or docks beyond such ports. Such limitations on the consignment ofClasses of coal to which limitations not applicable. coal shall not apply to the following classes: Bunker coal, coal applicable against existing contracts, coal for storage (other than in railroad cars) by the producer or his agent in rail or track yards or on docks, wharves, or other yards for resale by the producer or his agent. 1000 2. Secret allowances, rebates, and concessions. The adjustment of claims with purchasers of coal in such manner as to grant secret allowances, secret rebates, or secret concessions, or other price discrimination. 3. The prepayment of freight charges with intent to or havingPrepayment of freight charges when resulting in discriminatory credit allowance.Granting allowances which alter prices previously agreed upon. the effect of granting a discriminatory credit allowance. 4. The granting in any form of adjustments, allowances, discounts, credits, or refunds to purchasers or sellers of coal, for the purposes or with the effect of altering retroactively a price previously agreed upon, in such manner as to create price discrimination. 5. Predating or postdating invoices. The predating or postdating of any invoice or contract for the purchase or sale of coal, except to conform to a bona fide agreement for the purchase or sale entered into on the predate. 6. Discriminatory payments to certain purchasers. The payment or allowance in any form or by any device of rebates, refunds, credits, or unearned discounts, or the extension to certain purchasers of services or privileges not extended to all purchasers under like terms and conditions, or under similar circumstances. 7. Commercial bribery. The attempt to purchase business, or to obtain information concerning a competitor’s business by concession, gifts, or bribes. 8. Misrepresentation of quality, etc., of products. The intentional misrepresentation of any analysis or of analyses, or of sizes, or the intentional making, causing, or permitting to be made, or publishing, of any false, untrue, misleading, or deceptive statement by way of advertising, invoicing, or otherwise concerning the size, quality, character, nature, preparation, or origin of any coal bought, sold, or consigned. 9. Unauthorized use of competitor’s trade names, etc. The unauthorized use, whether in written or oral form, of trade marks, trade names, slogans, or advertising matter already adopted by a competitor, or any deceptive approximation thereof. 10. Inducing breach of competitor’s contracts. Inducing or attempting to induce, by any means or device whatsoever, a breach of contract between a competitor and his customer during the term of such contract. 11. Splitting commissions, etc. Splitting or dividing commissions, broker’s fees, or brokerage discounts, or otherwise in any manner directly or indirectly using brokerage commissions or jobbers’ arrangements or sales agencies for making discounts, allowances, or rebates, or prices other than those determined under this Act, to any industrial consumer or to any retailers, or to others, whether of a’ like or different class. 12. Selling to agent of retailer, industrial consumer, etc. Selling to, or through, any broker, jobber, commission account, or sales agency, which is in fact or in effect an agency or an instrumentality of a retailer or an industrial consumer or of an organization of retailers or industrial consumers, whereby they or any of them secure either directly or indirectly a discount, dividend, allowance, or rebates, or a price other than that determined in the manner prescribed by this Act. 13. Code violations. Violations of the provisions of the code. It shall not be an unfair method of competition or a violation of Sales to farmer’s cooperative organization.the code or any requirement of this Act
(1)to sell to or through any bona fide and legitimate farmer’s cooperative organization duly organized under the laws of any State, Territory, the District of Columbia, or the United States whether or not such organization grants rebates, discounts, patronage dividends, or other similar benefits to its members,
(2)to sell through any intervening agency to any such cooperative organization, or
(3)to pay or allow to any such cooperative organization or to any such intervening agency any discount, commission, rebate, or dividend ordinarily paid or allowed, or permitted by the code to be paid or allowed, to other purchasers for purchases in wholesale or middleman quantities. 1001
(j)The Commission shall have jurisdiction to hear and determineComplaints charging violation of code; jurisdiction of Commission. Rules respecting bearing. written complaints made charging any violation of the code specified in this part II. It shall make and publish rules and regulations for the consideration and hearing of any such complaint, and all interested parties shall be required to conform thereto. The CommissionAdjustment. shall make due effort toward adjustment of such complaints and shall endeavor to compose the differences of the parties, andOrders of Commission. shall make such order or orders in the premises, from time to time, as the facts and the circumstances warrant. Any such order shallReview. be subject to review as are other orders of the commission. Part III— Labor RelationsPart III—Labor Relations. To effectuate the purposes of this Act, the district boards andCode conditions to be accepted by district boards and code members. code members shall accept the following conditions which shall be contained in said code:
(a)Employees shall have the right to organize and bargain collectivelyRight of employees to organize and bargain collectively. through representatives of their own choosing, and shall be free from interference, restraint, or coercion of employers, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; and no employee and no one seeking employment shall be required as a condition of employment to join any company union.
(b)Employees shall have the right of peaceable assemblage forTo assemble peaceably.Select own checkweighman. the discussion of the principles of collective bargaining, shall be entitled to select their own checkweighman to inspect the weighing or measuring of coal, and shall not be required as a condition ofLiving quarters, etc. employment to live in company houses or to trade at the store of the employer.
(c)A Bituminous Coal Labor Board, hereinafter referred to asBituminous Coal Labor Board.Appointment.*Post*, p. 1927. “Labor Board”, consisting of three members, shall be appointed by the President of the United States by and with the advice and consent of the Senate, and shall be assigned to the Department of Labor. The chairman shall be an impartial person with no financialChairman. interest in the industry, or connection with any organization of the employees. Of the other members, one shall be a representative ofQualifications. the producers and one shall be a representative of the organized employees, each of whom may retain his respective interest in the industry or relationship to the organization of employees. TheAppointment of secretary, etc. Labor Board shall, with due regard to the provisions of the civil-service laws and the Classification Act of 1923, as amended, appoint and fix the compensation and duties of a secretary and necessary clerical and other assistants. The members shall serve for a periodTerms of office. of four years or until the prior termination of this Act, and shallCompensation. each receive compensation at the rate of $10,000 per annum and necessary traveling expenses. Any person appointed to fill a vacancyVacancies. shall be appointed only for the unexpired term of his predecessor in office. Decisions of the Labor Board may be made by a majorityDecisions. thereof.
(d)The Labor Board shall sit at such places as its duties require,Sessions of Labor Board. and may appoint an examiner to report evidence for its finding in any particular case. It shall notify the parties to any dispute ofNotification to disputants. the time and place of the taking of evidence, or the hearing of the cause, and its finding of facts supported by any substantial evidenceFindings of fact. shall be conclusive upon review thereof by any court of the United States. It shall transmit its findings and order to the parties interestedCopies to be forwarded.Action of Commission. and to the Commission. The Commission shall take no action thereon for sixty days after the entry of the order of the Labor Board; and if within such sixty days an appeal is taken under the 1002provisions of section 16 of this Act, no action on such finding and order shall be taken by the Commission during the pendency of the appeal.
(e)Authority of Labor Board. The Labor Board shall have authority to adjudicate disputes arising under subsections
(a)and
(b)of this part III, and to determine whether or not an organization of employees has been promoted, or is controlled or dominated by an employer in its organization, management, policy, or election of representatives; and for the purpose of determining who are the freely chosen representatives of the employees the Board may order and under its supervision may conduct an election of employees for that purpose. The Labor Board may order a code member to meet the representatives of its employees for the purpose of collective bargaining.
(f)Services as mediator. The Labor Board may offer its services as mediator in any dispute between a producer and its employees where such dispute is not determined by the tribunal set up in a bona fide collective contract; and upon the written submission by the parties requesting an award on a stated matter signed by the duly accredited representatives of the employer and employees, the Labor Board may arbitrate the matter submitted.
(g)Maximum hours of labor; agreement and acceptance. Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the producers of more than two-thirds the annual national tonnage production for the preceding calendar year and the representatives of more than one-half the mine workers employed, such maximum Wage agreements.hours of labor shall be accepted by all the code members. The wage agreement or agreements negotiated by collective bargaining in any district or group of two or more districts, between representatives of producers of more than two-thirds of the annual tonnage production of such district or each of such districts in a contracting group during the preceding calendar year, and representatives of the Filing and acceptance.majority of the mine workers therein, shall be filed with the Labor Board and shall be accepted as the minimum wages for the various classifications of labor by the code members operating in such district or group of districts. Organization of the code.organization of the code Sec. 5. Duty of Commission to formulate code and assist in organizing district board.Acceptance of membership by producers.
(a)Upon the appointment of the Commission it shall at once formulate said code and assist in the organization of the district boards as provided for in section 4, and shall prepare and supply to all coal producers forms of acceptance for membership therein. Such forms of acceptances, when executed, shall be acknowledged before any official authorized to take acknowledgments.
(b)Revocation of acceptance. The membership of any such coal producer in such code and his right to a drawback on the taxes levied under section 3 of this Act, may be revoked by the Commission upon written complaint by any party in interest, after a hearing, with thirty days’ written notice to the member, upon proof that such member has willfully failed or refused to comply with any duty or requirement imposed upon him by reason of his membership; and in such a Hearing.hearing any party in interest, including the district boards, other code members, consumers, employees, and the Commissioner of Internal Revenue, *Proviso*. Cease and desist orders.shall be entitled to present evidence and be heard: *Provided*, That the Commission, in its discretion, may in such case make an order directing the code member to cease and desist from violations of the code and upon failure of the code member to comply with such order the Commission may reopen the case upon ten days’ notice to the code member affected and proceed in the hearing thereof as above provided. 1003 The Commission shall keep a record of the evidence heard by itRecord of proceedings. in any proceeding to cancel or revoke the membership of any code member and its findings of fact if supported by any substantial evidence shall be conclusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States. When an alleged violation of the code relates to the provisions of part III of section 4 of this Act, the Commission shall accept as conclusive the certified findings and orders of the Labor Board and inquire only into the compliance or noncompliance of the code member with respect thereto.
(c)Any producer whose membership in the code and whose rightRestoration of membership. to a drawback on the taxes as provided under this Act has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the time during which it shall be found by the Commission that his violation of the code or of any regulation thereunder, the observance of which is required by its terms, shall have continued. In making its findings under this subsection the Commission shall state specifically
(1)the period of time during which such violation continued, and
(2)the amount of taxes required to be paid to bring about reinstatement as a code member.
(d)Any code member who shall be injured in his business orSuits by code member producer. property by any other code member by reason of the doing of any act which is forbidden or the failure to do any act which is required by this Act or by the code, may sue therefor in any district court of the United States in the district in which the defendant resides, or is found or has an agent, without respect to the amount in controversy,Damages and costs. and shall recover three-fold damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. Sec. 6.
(a)All rules, regulations, determinations, and promulgationsRules, etc., of district board; review. of any district board shall be subject to review by the Commission upon appeal by any producer and upon just cause shown shall be amenable to the order of the Commission; and appeal to the Commission shall be a matter of right in all cases to every producer and to all parties in interest. The Commission may also provide rules for the determination of controversies arising under this Act by voluntary submission thereof to arbitration, which determination shall be final and conclusive.
(b)Any person aggrieved by an order issued by the CommissionReview of order of Commission or Labor Board. or Labor Board in a proceeding to which such person is a party may obtain a review of such order in the Circuit Court of Appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, withinPetition to be filed. sixty days after the entry of such order, a written petition praying that the order of the Commission or Labor Board be modified or set aside in whole or in part. A copy of such petition shall be forthwithService of copy. served upon any member of the Commission or Labor Board, as the ease may be, and thereupon the Commission or Labor Board, asCertification and filing of transcript of court record. the case may be, shall certify and file in the court a transcript of the record upon which the order complained of was entered. UponJurisdiction of court. the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, and enforce or set aside such order, in whole or in part. No objection to the order of the Commission orConsideration of objections. Labor Board shall be considered by the court unless such objection shall have been urged below. The finding of the Commission orFindings of fact. Labor Board as to the facts, if supported by substantial evidence, 1004Additional evidence.shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission or Labor Board, the court may order such additional evidence to be taken before the Commission or Labor Board and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem Modification of findings of fact .proper. The Commission or Labor Board, as the case may be, may modify its findings as to the facts, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the Finality of judgment and decree.original order. The judgment and decree of the court, affirming, modifying, and enforcing or setting aside, in whole or in part, any such order of the Commission or Labor Board, as the case may be, Review.[U. S. C., p. l271](/us/usc/pl271).shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347). Commencement of proceedings not to stay Commission’s order.The commencement of proceedings under this subsection shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.
(c)Enforcement of Commission’s order. If any code member fails or neglects to obey any order of the Commission while the same is in effect, the Commission in its discretion may apply to the Circuit Court of Appeals of the United States within any circuit where such code member resides or carries on business, for the enforcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and Jurisdiction of court.order of the Commission. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such code member and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, Findings offset.or setting aside the order of the Commission. The findings of the Commission as to facts, if supported by substantial evidence, shall Additional evidence.be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Modification of findings offset.The Commission may modify its findings as to the facts or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which if supported by substantial evidence shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the Finality of judgment and decree.[U. S. C., p. l271](/us/usc/pl271).return of such additional evidence. The judgment and decree of the. court shall be final, except that the same shall be subject to review by. the Supreme Court upon certiorari or certification as Review.provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347).
(d)The jurisdiction of the Circuit Court of Appeals of the United States or the United States Court of Appeals for the District of Columbia, as the case may be, to enforce, set aside, or modify orders of the Commission or Labor Board shall be exclusive. 1005 Such proceedings in the Circuit Court of Appeals or the United States Court of Appeals for the District of Columbia, as the case may be, shall be given precedence over other cases pending therein, and shall be in every way expedited. Sec. 7. All provisions of the law, including penalties and refunds,Laws applicable to tax provisions. relating to the collection and disposition of internal revenue taxes, shall, insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed under this Act. Sec. 8.
(a)The members of the Commission and of the LaborGeneral authority of Commission and of Labor Board. Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investigations, said Commission or the said Labor Board shall have full power to issue subpenas and subpenas duces tecum, which shall be as nearly as may be in the form of subpenas issued by district courts of the United11So in original. States. In case any person shall fail orRefusals to obey subpena. refuse to obey such subpena it shall be the duty of the Commission, or the Labor Board, through its chairman, to make application to the District Court of the United States setting forth the issue and service of such subpena and the refusal of the person to obey the same and requesting such court to compel such person to appear before such court and show lawful cause for such refusal. Upon the filing of such application with the clerk of such court, it shall be the duty of the judge thereof, either in term time or vacation, to forthwith enter an order of record, requiring such person to appear before such court at a time stated in said order within three days from such entry, and show cause why he should not be required to obey such subpena, and upon his failure to show cause it shall be the duty of the court to order such witness to appear before the said Commission or Labor Board and give such testimony or produce such evidence as may be lawfully required by said Commission or Labor Board. The district court, either in term time or vacation,Contempts. shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court.
(b)In the investigation of any complaint or violation of theReports. code, or of any rule or regulation the observance of which is required under the terms thereof, the Commission or the Labor Board, as the case may be, shall have power to require such reports from, and shall be given access to inspect the books and records of, code members to the extent deemed necessary for the purpose of determining the complaint. Sec. 9. Should any producer or producers of bituminous coal notProducer nonmembers; provisions of Act, etc., applicable to. accept and maintain membership under the code set out in section 4 of this Act, he or they shall in addition to the tax herein provided and without the privilege of any drawback thereon, be held subject to other Acts of Congress regulating industries and their labor relations or providing for codes of fair competition therein: *Provided*, That the employees of all producers shall have the right of*Proviso*.Employees’ right of self-organization and collective bargaining. self-organization and collective bargaining through representatives of their own choosing free from the interference, restraint, or coercion of employers or their agents, all as set forth in section 4, part III
(a)and (b), of this Act. Sec. 10.
(a)The Commission may require reports from producersProducers’ reports; requirement. and may use such other sources of information available as it deems advisable, and may require producers to maintain a uniform system Uniform accounting systems.of accounting of costs, wages, operations, sales, profits, losses, and such other matters as may be required in the administration of this 1006 Confidential nature of information.Act. No information obtained from a producer disclosing costs of production or sales realization shall be made public without the consent of the producer from whom the same shall have been obtained, except where such disclosure is warranted by a controversy with the producer over any order of the Commission and except that such information may be compiled in composite form in such manner as shall not be injurious to the interests of any producer and. as so compiled, may be published by the Commission.
(b)Punishment for unlawfully divulging information. Any officer or employee of the Commission or of any district board who shall, in violation of the provisions of subsection (a), make public any information obtained by the Commission or the district board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months, or by both fine and imprisonment, in the discretion of the court.
(c)Punishment for failure to file required report. If any producer required by this Act or the code to file a report shall fail to do so within the time fixed for filing the same, and such failure shall continue for thirty days after notice of such Forfeiture.default, the producer shall forfeit to the United States the sum of $50 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the producer has his principal Recovery of.office or in any district in which he shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeiture. Sec. 11. State laws. State laws regulating the mining of coal not inconsistent herewith are not affected by this Act. Sec. 12. Coal contracted for prior to effective date hereof; minimum price. No coal may be delivered upon a contract made prior to the effective date of this Act at a price below the minimum price at the time of delivery upon such contract, as established pursuant to Part II of section 4 of this Act, and such contract shall be invalid *Proviso.*Exempted contracts.and unenforceable: *Provided*, That this prohibition shall not apply
(a)to a lawful and bona fide written contract entered into prior to October 2, 1933; nor
(b)to a lawful and bona fide written contract entered into subsequent to that date and prior to May 27, 1935, at not less than the minimum price current as published under the Code of Fair Competition for the Bituminous Coal Industry, pursuant to the National Industrial Recovery Act, at the time of making of such contract; nor
(c)to a lawful and bona fide written contract entered into on or after May 27, 1935, and prior to the date of the approval of this Act, at not less than the minimum price for current sale as published under said code of fair competition, as at May 27, 1935. Sec. 13. Unlawful producer combinations. Any combination between producers creating a marketing agency for the disposal of competitive coals in interstate commerce at prices to be determined by such agency or by the agreement of the producers operating through such agency, shall be unlawful as a restraint of interstate trade and commerce within the provisions of Vol. 26, p. 209; [U. S. C., p. 509](/us/usc/p509).the Act of Congress of July 2, 1890, known as the Sherman Act, and Acts amendatory and supplemental thereto, unless such marketing agency shall have been approved by the Commission as provided in section 4 of this Act. Sec. 14. Restriction on coal purchases by United States, etc.
(a)No bituminous coal shall be purchased by the United States, or any department or agency thereof, produced at any mine, where the producer has not complied with the provisions of the code set out in section 4 of this Act. 1007
(b)Each contract made by the United States, or any departmentGovernment contracts; requirement. or agency thereof, with a contractor for any public work, or service, shall contain a provision that the contractor will buy no bituminous coal to use on or in the carrying out of such contract from any producer except such producer be a member of the code set out in section 4 of this Act as certified to by the National Bituminous Coal Commission. Sec. 15. If any provision of this Act, or the application thereofSeparability of provisions. to any person or circumstances, is held invalid, the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby. other duties of the commissionOther duties of the Commission. Sec. 16. The Commission shall study and investigate the matterStudies and investigations. of increasing the uses of bituminous coal and the problems of its importation and exportation; and shall further investigate—
(1)The economic operations of mines with the view to the conservation of the national coal resources.
(2)The safe operation of mines for the purpose of minimizing working hazards, and for such purpose shall be authorized to employ the services of the Bureau of Mines.
(3)The rehabilitation of mine workers displaced from employment, and the relief of mine workers partially employed. The Commission’s findings and recommendations shall be transmitted to the proper agency of the Government for relief, rehabilitation, and subsistence homesteads.
(4)The problem of marketing to lower distributing costs for the benefit of consumers.
(5)The Commission shall, as soon as reasonably possible after its appointment, investigate the necessity for the control of production of bituminous coal and methods of such control, including allotment of output to districts and producers within such districts, and shall hold hearings thereon, and shall report its conclusions and recommendations to the Secretary of the Interior for transmission by him to Congress not later than January 6, 1936. Sec. 17. Upon substantial complaint that bituminous-coal pricesComplaints respecting excessive coal prices. are excessive, and oppressive of consumers, or that any district board, or producers’ marketing agency, is operating against the public interest, or in violation of this Act, the Commission may hear such complaint, or appoint a committee to investigate the same, and itsInvestigation. findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct suchCorrection of abuses. abuses. Complaints may be made under this section by any State or political subdivision of a State. Sec. 18. To safeguard the interests of those concerned in the mining,Complaints to Interstate Commerce Commission respecting transportation costs. transportation, selling, and consumption of coal, the Commission is hereby vested with authority to make complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs and practices relating to the transportation of coal, and to prosecute the same. Before proceeding to hear and dispose of any complaint filed by another than the Commission, involving the transportation of coal, the Interstate Commerce Commission shall cause the Commission to be notified of the proceeding and, upon application of the Commission, shall permit the Commission to appear and be heard. The Interstate Commerce Commission is authorized to avail itself of the cooperation, services, records and facilities of the Commission. Sec. 19. The term “bituminous coal” as used in this Act shallTerms construed.“Bituminous coal.” include all bituminous, semibituminous, and subbituminous coal and 1008“Producer.”lignite. The term “producer” shall include all persons, firms, associations, corporations, trustees, and receivers engaged in mining “Captive coal”bituminous coal. The term “captive coal” shall include all coal produced at a mine for consumption by the producer or by a subsidiary or affiliate thereof, or for use in the production of coke or other forms of manufactured fuel by such producer or subsidiary or affiliate. Sec. 20. Effective date of section 3. Section 3 of this Act shall become effective on the 1st day of the third calendar month after the enactment of this Act, unless the Commission shall not at that time have formulated the code and *Ante*, p. 993.forms of acceptance for membership therein, in which event section 3 of this Act shall become effective from and after the date when the Commission shall have formulated the code and such forms for acceptance, which date shall be promulgated by Executive order of Of other sections.the President of the United States. All other sections of this Act shall become effective on the day of the approval of this Act. Sec. 21. Duration of Act. This Act shall cease to be in effect and any agencies established thereunder shall cease to exist on and after four years from the date of the approval of this Act. Sec. 22. Appropriation authorized. There is hereby authorized to be appropriated from time to time such sums as may be necessary for the administration of this Act. Sec. 23. Short title. This Act may be cited as the “Bituminous Coal Conservation Act of 1935.” Annex to Act—Schedule of Districts.Annex to Act—Schedule of Districts Eastern Pennsylvania.eastern pennsylvania District 1. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga. Armstrong County, including mines served by the P. & S. R. R. on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad. Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive. Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east. All coal-producing counties in the State of Maryland. The following counties in West Virginia: Grant, Mineral, and Tucker. Western Pennsylvania.western pennsylvania District 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington. Armstrong County, west of the Allegheny River and exclusive of mines served by the P. & S. R. R. Indiana County, including all mines served on the Saltsburg branch of the Pennsylvania Railroad north of Conemaugh River. Fayette County, except all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Westmoreland County, including all mines except those served by the Pennsylvania Railroad from Torrance, east. 1009 northern west virginiaNorthern West Virginia. District 3. The following counties in West Virginia: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Jackson, Lewis, Marion, Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Webster, Wetzel, Wirt, Wood. That part of Nicholas County including mines served by the Baltimore and Ohio Railroad and north. ohioOhio. District 4. All coal-producing counties in Ohio. michiganMichigan. District 5. All coal-producing counties in Michigan. panhandlePanhandle. District 6. The following counties in West Virginia: Brooke, Hancock, Marshall, and Ohio. southern numbered 1Southern numbered 1. District 7. The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers. Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginia Railway. McDowell County, that portion served by the Dry Fork branch of the Norfolk and Western Railroad and east thereof. Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad. Wyoming County, that portion served by the Gilbert branch of the Virginian Railroad lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railroad. The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig. Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands Jewell Ridge Branch of the Norfolk and Western Railroad. Buchanan County, that portion served by the Richlands Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the head waters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek). southern numbered 2Southern numbered 2. District 8. The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam, Wayne, Cabell. Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad. McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad. Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof. Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad. 1010 Wyoming County, that portion served by Gilbert branch of the Virginian Railroad lying west of the mouth of Skin Fork of Guyandot River. The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise. All of Buchanan County, except that portion on the head waters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the Richlands Jewell Ridge branch of the Norfolk and Western Railroad. Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and branch from Bluestone Junction to Boissevain of Norfolk and Western Railroad and Richlands Jewell Ridge branch of the Norfolk and Western Railroad. The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Letcher, Leslie, McCreary, Magoffin, Martin, Morgan, Owsley, Perry, Pike, Rockcastle, Wayne, Whitley. The following counties in Tennessee: Anderson, Campbell, Claiborne, Cumberland, Fentress, Morgan, Overton, Roane, Scott. The following counties in North Carolina: Lee, Chatham, Moore. West Kentucky.west kentucky District 9. The following counties in Kentucky: Butler, Christian, Crittenden, Daviess, Hancock, Henderson, Hopkins, Logan, McLean, Muhlenberg, Ohio, Simpson, Todd, Union, Warren, Webster. Illinois.illinois District 10. All coal-producing counties in Illinois. Indiana.indiana District 11. All coal-producing counties in Indiana. Iowa.iowa District 12. All coal-producing counties in Iowa. Southeasternsoutheastern District 13. All coal-producing counties in Alabama. The following counties in Georgia: Dade, Walker. The following counties in Tennessee: Marion, Grundy, Hamilton, Bledsoe, Sequatchie, White, Van Buren, Warren, McMinn, Rhea. Arkansas-Oklahoma.arkansas oklahoma District 14. The following counties in Arkansas: All counties in the State. The following counties in Oklahoma: Haskell, Le Flore, Sequoyah. Southwestern.southwestern District 15. All coal-producing counties in Kansas. All coal-producing counties in Texas. All coal-producing counties in Missouri. The following counties in Oklahoma: Coal, Craig, Latimer, Muskogee, Okmulgee, Pittsburg, Rogers, Tulsa, Wagoner. Northern Colorado.northern colorado District 16. The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas. Elbert, El Paso, Jackson, Jefferson, Larimer, Weld. 1011 southern coloradoSouthern Colorado. District 17. The following counties in Colorado: All counties not included in northern Colorado district. The following counties in New Mexico: All coal-producing counties in the State of New Mexico, except those included in the New Mexico district. new mexicoNew Mexico. District 18. The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro. wyomingWyoming. District 19. All coal-producing counties in Wyoming. utahUtah. District 20. All coal-producing counties in Utah. north dakota-south dakotaNorth Dakota-South Dakota District’ 21. All coal-producing counties in North Dakota. All coal-producing counties in South Dakota. montanaMontana. District 22. All coal-producing counties in Montana. washingtonWashington. District 23. All coal-producing counties in Washington. Approved, August 30, 1935. To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. 1935-08-30 825 Chapter 49 Stat. 1011 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 825.] AN ACT To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. August 30, 1935.[[S. 3303](/us/bill/74/s/3303).] [
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