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Code · STATUTES-AT-LARGE · Vol. 50 STAT. · Public Law 49

Public Law 49.

13,443 words·~61 min read·/statutes-at-large/vol-50/public-law-49·

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(/us/bill/75/pl/48)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bituminous Coal Act of 1937.Declaration of policy and necessity of regulation. That regulation of the sale and distribution in interstate commerce of bituminous coal is imperative for the protection of such commerce; that there exist practices and methods of distribution and marketing of such coal that waste the coal resources of the Nation and disorganize, burden, and obstruct interstate commerce in bituminous coal, with the result that regulation of the prices thereof and of unfair methods of competition therein is necessary to promote interstate commerce in bituminous coal and to remove burdens and obstructions therefrom. national bituminous coal commissionNational Bituminous Coal Commission.Establishment, composition, etc.*Post*, p. 507.
Sec. 2.
(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 seven members 73appointed by the President, by and with the advice and consent of the Senate, tor a term of four years. The Commission shall annuallyChairman; official seal. designate its chairman, and shall have a seal which shall be judicially recognized. Any person appointed to fill a vacancy shall beVacancies. appointed only for the unexpired term of his predecessor in office. The Commission shall have an office in the city of Washington, DistrictPrincipal office. of Columbia, and shall convene at such times and places as the majority of the Commission shall determine. Two members of theQualifications of members. Commission shall have been experienced bituminous coal mine workers, two shall have had previous experience as producers, but none of the members shall have any financial interest, direct or indirect, in the mining, transportation, or sale of, or manufacture of equipment for, coal (whether or not bituminous coal), oil, or gas, or in the generation, transmission, or sale of hydro-electric power, or in the manufacture of equipment for the use thereof, and shall not actively engage in any other business, vocation, or employment. Not more than one commissioner shall be a resident of any one State,Geographical limitations. and not more than one commissioner shall be a resident of any one of the districts hereinafter established, but a change in any of the boundaries of the districts, made by the Commission as hereinafter provided, shall not affect the tenure of office of any commissioner then serving. Any commissioner may be removed by the PresidentRemoval. for inefficiency, neglect of duty, or malfeasance in office. The Commission Secretary and other personnel.is authorized to appoint and fix the compensation and duties of a secretary and necessary professional, clerical, and other assistants. With the exception of the secretary, a clerk to each commissioner, the attorneys, the managers and employees of the statistical bureaus hereinafter provided for, and such special agents, technical experts, and examiners as the Commission may require, all employees of the Commission shall be appointed and their compensation fixed[5 U. S. C. §§ 631–662, 661–674](/us/usc/t5/s631–662/661–674). in accordance with the provisions of the civil-service laws and the Classification Act of 1923, as amended. No person appointed withoutKinship provisions. regard to the provisions of the civil-service laws shall be related to any member of the Commission by marriage or within the third degree by blood. The Commission is authorized to accept and utilizeVoluntary, etc., services. voluntary and uncompensated services of any person or of any official of a State or political subdivision thereof. The members of theMember’s compensation. Commission shall each receive compensation at the rate of $10,000 per year and necessary traveling expenses. Such Commission shallAdministrative rules, etc. have the power to make and promulgate all reasonable rules and 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. A majority of the Commission shall constituteQuorum. a quorum for the transaction of business, and a vacancy in the Commission shall not impair the right of the remaining members to exercise all the power of the Commission. No order which is subjectOrders subject to judicial review or rules having effect of law.*Post*, p. 85. to judicial review under section 6, and no rule or regulation which has the force and effect of law, shall be made or prescribed by the Commission, unless it has given reasonable public notice of a hearing, and unless it has afforded to interested parties an opportunity to be heard, and unless it has made findings of fact. Such findings, if supported by substantial evidence shall be conclusive upon review thereof by any court of the United States. The CommissionEstablishment of divisions; powers, etc. may establish divisions, each of which divisions shall consist of not less than three of its members, as it may deem necessary for the proper dispatch of its business. Each such division shall exercise all the powers and authority of the Commission in the premises: *Provided*, That any person in interest may, upon written petition,*Proviso.*Review upon written petition. secure a review by the Commission of the report, finding, or order 74 Reference to an individual Commissioner. etc.of such division. The Commission may by its order assign or refer any matter within its jurisdiction under this Act to an individual Commissioner, to a board composed of employees of the Commission, or to an examiner, to be designated by such order, for hearing and Powers.the recommendation of an appropriate order in the premises. Each individual Commissioner, board, or examiner, when so directed by order of the Commission, shall have power to administer oaths and Contracts for personal services.affirmations, to examine witnesses, and receive evidence. The Commission is authorized to make contracts for personal services in the District of Columbia and elsewhere and to establish and maintain such offices throughout the United States as it deems necessary for the effective administration of this Act, but shall maintain its principal office in the District of Columbia. Researches for improving standards and methods.The Commission is hereby authorized to initiate, promote; and conduct research designed to improve standards and methods used in the mining, preparation, conservation, distribution, and utilization of coal and the discovery of additional uses for coal, and for such purposes shall have authority to assist educational, governmental, and other research institutions in conducting research in coal, and to do such other acts and things as it deems necessary and proper to promote the use of coal and its derivatives.
(b)Office of Consumers’ Counsel established.Appointment of counsel.
(1)There is hereby established an office in the Department of the Interior to be known as the office of the consumers’ counsel of the National Bituminous Coal Commission. The office shall lie in charge of a counsel to be appointed by the. President, by and with Financial, business, etc., restrictions.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 (whether or not bituminous 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 actively engage in any other business, Compensation and expenses.vocation, or employment. The counsel shall receive compensation, at the rate of $10,000 per year and necessary traveling expenses.
(2)Duties of counsel. It shall be the duty of the counsel to appear in the interest of the consuming public Rights before Commission.in any proceeding before the Commission and to conduct such independent investigation of matters relative to the 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 any such proceeding before the Commission, 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 Information to be furnished.issue in his behalf. Whenever the counsel finds that it is in the interest of the consuming public to have the Commission furnish any information at its command or conduct any investigation as to any matter within its authority, 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)Technical, clerical, etc., assistants. The counsel is authorized to appoint and fix the compensation and duties of necessary professional, clerical, and other assistants. With the exception of a clerk to the counsel, the attorneys, and such special agents and experts as the counsel may from time to time find necessary for the conduct of his work, all employees of the, counsel shall be appointed and their compensation fixed in accordance with the civil-service laws and the Classification Act of 1923, as amended.75The counsel is authorized to make such expenditures as may be necessaryExpenditures authorized. for the performance of the duties vested in him.
(4)The counsel shall annually make a full report of the activitiesAnnual report to Congress. of his office directly to the Congress. tax on coalTax on coal. Sec. 3.
(a)There is hereby imposed upon the sale or other disposalLevy on bituminous, sold by producer. of bituminous coal produced within the United States when sold or otherwise disposed of by the producer thereof an excise tax of 1 cent per ton of two thousand pounds. The term “disposal” as used in this section includes consumption“Disposal” defined or use (whether in the production of coke or fuel, or otherwise) by a producer, and any transfer of title by the producer other than by sale.
(b)In addition to the tax imposed by subsection
(a)of thisAdditional, coal subject to code. section, there is hereby imposed upon the sale or other disposal of bituminous coal produced within the United States, when sold or otherwise disposed of by the producer thereof, which would be subject to the application of the conditions and provisions of the code provided for in section 4, or of the provisions of section 4–A, an excise tax in an amount equal to 19½ per centum of the sale price at the mine in the case of coal disposed of by sale at the mine, or in the case of coal disposed of otherwise than by sale at the mine, and coal sold otherwise than through an arms’ length transaction, 19½ per centum of the. fair market value of such coal at the time of such disposal or sale. In the case of anyTax exemption, code members. producer who is a code member as provided in section 4 and is so certified to the Commissioner of Internal Revenue by the Commission, the sale or disposal by such producer during the continuance of his membership in the code of coal produced by him shall be exempt from the tax imposed by this subsection.
(c)The taxes imposed by this section shall be paid to the UnitedPayments. States by the producer, and shall be payable monthly for each calendar month on or before the first business day of the second succeeding month, under such regulations and in such manner as shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.
(d)In the case of coal disposed of otherwise than by sale atCoal disposed of other than by sale at the mine, etc.; determining market value. the mine, and coal sold otherwise than through an arms’ length transaction, the Commissioner of Internal Revenue shall determine the market value thereof. Such market value shall equal the current market price at the mine of coal of a comparable kind, quality, and size produced for market in the locality where the coal so disposed of is produced.
(e)The tax imposed by subsection
(a)of this section shall notUnited States or political subdivision thereof.Sales to be tax exempt if for sole use of. apply in the case of a sale of coal for the exclusive use of the United States or of any State or Territory of the United States or the District of Columbia, or any political subdivision of any of them, for use in the performance of governmental functions. Under regulationsCredits heroin, allowed producer's vendee. prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, a credit against the tax imposed by subsection
(a)of this section or a refund may be allowed or made to any producer of coal in the amount of such tax paid with respect to the sale of coal to any vendee, if the producer has in his possession such evidence as the regulations may prescribe that such coal was resold by any person for the exclusive use of the United States or of any State, Territory of the United States, or the District of Columbia, or any political subdivision 76of any of them, for use in the performance of governmental functions.
(f)Right of producer to contest code provisions. No producer shall, by reason of his acceptance of the code provided for in section 4, or of the exemption from the tax provided in subsection
(b)in this section, be held to be precluded or estopped from contesting the constitutionality of any provision of this Act or of the code, or the validity or application of either to him or to any part of the coal produced by him. bituminous coal codeBituminous coal code. Sec. 4. Commission to promulgate provisions. The provisions of this section shall be promulgated by the Commission as the “Bituminous Coal Code”, and are herein referred to as the code. Code members construed.Producers accepting membership in the code as provided in section 5
(a)shall be, and are herein referred to as, code members, and the provisions of such code shall apply only to such code members, except as otherwise provided by subsection
(h)of part II of this section. Conditions, provisions, and obligations.For the purpose of carrying out the declared policy of this Act, the code shall contain the following conditions and provisions, which are intended to regulate interstate commerce in bituminous coal and which shall be applicable only to matters and transactions in or directly affecting interstate commerce in bituminous coal: Part I— Organization Organization.
(a)District boards of code members; number.Board membership. Twenty-three district boards of code members 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 1936 represented at a meeting of the code members of the district called for the purpose of such determination and for the Notice of meeting.election of such district board; and all code members within the districtDistrict board, composition, etc. shall be given notice of the time and place of the meeting. All but one of the members of the district board shall be code members or representatives of code members truly representative of all the mines of the district. The number of such producer members shall Elections.be an even number. One-half of such producer members shall be elected by the majority in number of the code members 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 of the code members in the district, for the calendar *Proviso.*Restriction.year preceding the date of the election: *Provided*, That not more than one officer or employee of any code member within a district Employee representative.shall be a member of the district 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 Term of board members.employees in the industry of the district in question. The term of district board members shall be two years and until their successors Removals.are elected. The Commission shall have power to remove any member of any district board upon its finding, after due notice and hearing, that said member is guilty of inefficiency, willful neglect of duty, or malfeasance in office. Powers of district boards.The district boards shall have power to adopt bylaws and rules of procedure, subject to approval of the Commission, and to appoint officers from within or without 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 77effectuate their purposes. Members of the district board shall serve, Service without compensation; expenses allowed.Territorial boundaries of districts.*Post*, p. 91.as such, without compensation but may be reimbursed for their reasonable expenses. The territorial boundaries or limits of the twenty-three districts are set forth in the schedule entitled “Schedule of Districts” and annexed to this Act. Whenever the Commission upon investigation instituted upon itsLimits of a district or minimum price area. own motion or upon petition of any code member, district board, State or political subdivision thereof, or the consumers’ counsel, after hearing finds that the territorial boundaries or limits of any district or minimum-price area are such as to make it substantially impracticable to establish minimum prices in accordance with all the standards set forth in subsections
(a)and
(b)of part II of this section, and that a change in such territorial boundaries or limits or aChanges, consolidations, etc. division or consolidation of such districts or minimum-price areas would render the establishment of minimum prices in accordance with all such standards more practicable, it shall by order make such changes, divisions, and consolidations as it finds will substantially aid in such establishment of minimum prices.
(b)The expense of administering the code by the respectiveCode administration expenses. district boards shall be borne by the code members in the respective districts, 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 assessments mayCollection of assessments. be collected by the district board by action in any court of competent jurisdiction.
(c)Nothing contained in this Act shall constitute the members ofLiability of board members. a district board partners for any purpose. Nor shall any member of a district board or officer thereof be liable in any manner to anyone for any act of any other member, officer, agent, or employee of the district board. Nor shall any member or officer of a district board, exercising reasonable diligence in the conduct of his duties under this Act, be liable to anyone for any action or omission to act under this Act except for his own willful misfeasance or for nonfeasance involving moral turpitude.
(d)No action complying with the provisions of this section takenAntitrust laws not to apply to actions complying with code. while this Act is in effect, or within sixty days thereafter, by any code member or by any district board, or officer thereof, shall be construed to be within the prohibitions of the antitrust laws of the United States. Part II— Marketing Marketing. The Commission shall have power to prescribe for code membersMinimum and maximum prices, etc. minimum and maximum prices, and marketing rules and regulations, as follows:
(a)All code members shall report all spot orders to such statisticalReports and records by code members. bureau hereinafter provided for as may be designated by the Commission 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 suchConfidential nature of records. records shall be held by the statistical bureau as the confidential records of the code member filing such information. For each district there shall be established by the Commission aStatistical bureaus; establishment, operation, etc. statistical bureau which shall be operated and maintained as an agency of the Commission. Each statistical bureau shall be under the direction of a manager, who shall be appointed by the Commission. No producer, employee, or representative of a producer, and, except as the Commission may specifically approve, no member of a 78district board or employee or representative thereof shall be an employee of any statistical bureau. Minimum price proposals.Each district board shall, from time to time on its own motion or when directed by the Commission, propose minimum prices free on board transportation facilities at the mines for kinds, qualities, and sizes of coal produced in said district, and classification of coal and price variations as to mines, consuming market areas, values as to uses and seasonal demand. Said prices shall be proposed so as to yield a return per net ton for each district in a 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 Computation of total costs.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 tableMinimum-price-area table. Area 1: Enumeration. 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; that part, of Southeastern district 13, comprising Van Buren, Warren, and McMinn Counties in Tennessee. Area 2: West Kentucky, district 9; Illinois, district 10; Indiana, district 11 ; Iowa, district 12. Area 3: Southeastern, district 13, except Van Buren, Warren, and McMinn Counties in Tennessee. Area 4: Arkansas-Oklahoma, district 14. Area 5: Southwestern, district 15. Area 6: Northern Colorado, district 16; southern Colorado, district 17; New Mexico, district 18. Area 7: Wyoming, district 19 ; Utah, district 20. Area 8: North Dakota and South Dakota, district 21. Area 9: Montana, district 22. Area 10: Washington and Alaska, district 23. Factors in determining minimum prices.The minimum prices so proposed 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 proposal of minimum prices shall be in accordance with rules and regulations to be approved by the Commission. Submission of schedule of proposed prices to Commission.A schedule of such proposed 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 submitted by the district board to the Commission, which may approve, disapprove, or modify such proposed minimum prices to conform to the requirements of this subsection, which shall serve as the basis for the coordination provided for in the succeeding subsectionProvisos.Requirements of minimum prices. (b): *Provided*, That all minimum prices proposed for any kind, quality, or size of coal for shipment into any consuming market area shall lie just and equitable as between producers within the dis-79trict: *And provided further*, That no minimum price shall be proposedAntidumping provision. that permits dumping. As soon as possible after its creation, each district board shall determine,Determination of costs of tonnage produced in 1936, by district boards. from cost data submitted by the proper statistical bureau of the Commission, the weighted average of the total costs of the ascertainable tonnage produced in the district in the calendar year 1936. The district board shall adjust the average costs so determined, asAdjustments to reflect changes. 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, 1936. Such determination and the computations upon which it isSubmission of determination to Commission.Determination of weighted average of total costs. based shall be promptly submitted to the Commission by each district board in the respective minimum-price area. The Commission shall thereupon determine the weighted average of the total costs of the tonnage for each minimum-price area in the calendar year 1936, adjusted as aforesaid, and transmit it to all the district boards within such minimum-price area. Said weighted average of the total costsUse as basis in establishing minimum prices. shall be taken as the basis, to be effective until changed by the Commission, for the proposal and establishment of minimum prices. Thereafter, upon satisfactory proof made at any time by any districtChanges. 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 weightedAvailability of figures. average figures of total cost determined as aforesaid shall be available to the public. Each district board shall, on its own motion or when directed byRules respecting sale and distribution. the Commission, propose reasonable rules and regulations incidental to the sale and distribution, by code members within the district, of coal. Such rules and 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 regulationsAction by Commission. 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, for the purpose of coordination.
(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 proposed 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 minimum pricesRequirements of minimum prices. proposed for any kind, quality, or size of coal for shipment into any common consuming market area shall be just and equitable, and not unduly prejudicial or preferential, as between and among districts, 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, taking into account values as to uses, seasonal demand, transportation methods and charges and their effect upon a reasonable opportunity to compete on a fair basis, and the competitive relationships between coal and other forms of fuel and energy; and shall preserve as nearly as may be existing fair competitive opportunities. The minimum prices proposed asEffect of coordinated minimum prices. 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 80such coordination, to the end that the return per net ton upon the entire tonnage of the minimum price area shall approximate the weighted average of the total cost per net ton of the tonnage of such Submission to Commission.minimum price area. Such coordinated prices and rules and regulations, together with the data upon which they are predicated, shall be Establishment of minimum prices and rules and regulations.submitted to the Commission. The Commission shall thereupon establish, and from time to time, upon complaint or upon its own motion, review and revise the effective minimum prices and rules and regulations in accordance with the standards set forth in subsections
(a)and
(b)of part II of this section.
(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 power to establish 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 Proviso.Maintenance of fair return.above the weighted average total cost of the district: *Provided*, That no maximum price shall be established for any mine which shall not yield a fair return on the fair value of the property.
(d)Complaints by code member, district board, etc. If any code member or district board or member thereof, or any State or political subdivision of a State, or the consumers’ counsel, 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 any minimum or maximum prices established pursuant to subsections
(b)or
(c)of part. II 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 hearing.regulations established by it, and after notice and hearing, make such order as may be required to effectuate the purpose of subsections
(b)Preliminary or temporary orders.and
(c)of part II of this section. 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 prices, prohibition on sales below minimum or above maximum. No coal subject to the provisions of this section shall be sold or delivered or offered for sale at a price below the minimum or above the maximum therefor established by the Commission, and the sale or delivery or offer for sale of coal at a price below such minimum or above such maximum shall constitute a violation of the code: Proviso.Contracts prior to June 18, 1933. *Provided*, That the provisions of this paragraph shall not apply to a lawful and bona fide written contract entered into prior to June 16, 1933. Unenforceable, etc., contracts.The making of a contract for the sale of coal at a price below the minimum or above the maximum therefor 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. Restriction on contracts until prices established.From and after the date of approval of this Act, until prices shall 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. Sale below minimum or above maximum price prohibited.No contract shall be made 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 established by the Commission and in effect at the time of making the contract. 81 The minimum prices established in accordance with the provisionsCoal shipped outside domestic market exempt. of this section shall not apply to coal sold and shipped outside the domestic market. The domestic market shall include all pointsArea included. within the continental United States and Canada, and car-ferry shipments to the island of Cuba. Bunker coal delivered to steamshipsBunker coal. for consumption thereon shall be regarded as shipped within the domestic market. Maximum prices established in accordance withShipments outside continental United States. the provisions of this section shall not apply to coal sold and shipped outside the continental United States.
(f)All data, reports, and other information in the possession ofAvailability of Information. any agency of the United States in relation to coal shall be available to the Commission and to the office of the consumers’ counsel for the administration of this Act.
(g)The price provisions of this Act shall not be evaded or violatedPrice provision evasion 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 herebyAdministrative rules, etc. 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)The Commission shall, by order, prescribe due and reasonableResales in cargo or carload lots. maximum discounts or price allowances that may be made by code members to persons (whether or not code members), herein referred to as “distributors”, who purchase coal for resale and resell it in not less than cargo or railroad carload lots; and shall require the maintenance and observance by such persons, in the resale of such coal, of the prices and marketing rules and regulations established under this section. unfair methods of competitionUnfair methods of competition.
(i)The following practices with respect to coal shall be unfairSpecified practices deemed code violations.Consignment of unordered coal. methods of competition and shall constitute violations of the code: 1. The consignment of unordered coal, or the forwarding of coal which has not actually been sold, consigned to the producer or his agent; *Provided*, *however*, That coal which has not actually been sold*Proviso.*Exception. 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, when for application to any of 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. 2. The adjustment of claims with purchasers of coal in suchSecret concessions. etc. 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 having thePrepaying freight charges resulting in discriminatory credit allowance.Price discriminations. 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. The predating or postdating of any invoice or contract for thePredating or post-dating invoices. purchase or sale of coal, except to conform to a bonafide agreement for the purchase or sale entered into on the predate. 82 6. Discriminatory payments, etc. 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. Bribery, etc. The attempt to purchase business, or to obtain information concerning a competitors business by concession, gifts, or bribes. 8. Misrepresenting character, etc., of coal. 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 trademarks, etc. The unauthorized use, whether in written or oral form, of trademarks, trade names, slogans, or advertising matter already adopted by a competitor, or any deceptive approximation thereof. 10. Inducing breach of competitor’s contract. 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, brokers’ 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 or 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 are 11So in original. 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. Compensation obviously disproportionate to services rendered. Employing any person or appointing any sales agent, at a compensation obviously disproportionate to the ordinary value of the service or services rendered, and whose employment or appointment is made with the primary intention and purpose of securing preferment with a purchaser or purchasers of coal. Sales through farmers’ cooperative organizations.It shall not be an unfair method of competition or a violation of the code or any requirement of this Act
(1)to sell to or through any bonafide and legitimate farmers’ cooperative organization duly organized under the law’s 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 benefitsSales through an intervening, etc., agency.Rebates for purchases in wholesale, etc., quantities. 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.
(j)Jurisdiction of Commission over code violations. The Commission shall have jurisdiction to hear and determine written complaints made by any code member, district board, or member thereof, State or political subdivision of a State, or the consumers’ counsel, which charge any violation of the code specified in Rules respecting bearings.part II of this section. It shall make and publish rules and regulations for the consideration and hearing of any such complaint, and Adjustments.all interested parties shall be required to conform thereto. The Commission shall make due effort toward adjustment of such complaints and shall endeavor to compose the differences of the parties, and 83shall make such order or orders in the premises, from time to time, as the facts and the circumstances warrant. Any such order shallReview of orders. be subject to review as are other orders of the Commission.
(k)In the investigation of any complaint or violation of the code,Reports, etc., required. or of any rule or regulation the observance of which is required under the terms thereof, the Commission shall have power by order 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. Any such order shallReview of orders. be subject to review as are other orders of the Commission.
(l)The provisions of this section shall not apply to coal consumedCoal consumed by producer. by the producer or to coal transported by the producer to himself for consumption by him. Sec. 4–A. Whenever the Commission upon investigation institutedTransactions tn Intrastate commerce affecting Interstate commerce, subject to code. upon its own motion or upon petition of any code member, district board, State or political subdivision thereof, or the consumers’ counsel, after hearing finds that transactions in coal in intrastate commerce by any person or in any locality cause any undue or unreasonable advantage, preference, or prejudice as between persons and localities in such commerce on the one hand and interstate commerce in coal on the other hand, or any undue, unreasonable, or unjust discrimination against interstate commerce in coal, or in any manner directly affect interstate commerce in coal, the Commission shall by order so declare and thereafter coal sold, delivered or offered for sale in such intrastate commerce shall be subject to the provisions of section 4. Any producer believing that any commerce in coal is not subjectExemptions. to the provisions of section 4 or to the provisions of the first paragraph of this section may file with the Commission an application,Application. verified by oath or affirmation for exemption, setting forth the facts upon which such claim is based. The filing of such application in good faith shall exempt the applicant, beginning with the third day following the filing of the application, from any obligation, duty, or liability imposed by section 4 with respect to the commerce covered by the application until such time as the Commission shall act upon the application. If the Commission has reason toSuspension of exemption if likely to permit evasion of Act. believe that such exemption during the period prior to action upon the application is likely to permit evasion of the Act with respect to commerce in coal properly subject to the provisions of section 4 or of the first paragraph of this section, it may suspend the exemption for a period not to exceed ten days. Within a reasonable time after the receipt of any application for exemption the Commission shall enter an order granting, or, after notice and opportunity for hearing, denying or otherwise disposing of such application. As a condition to the entry of and as a part of any order granting such application, the Commission may require the applicant to apply periodically for renewals of such order and to file such periodic reports as the Commission may find necessary or appropriate to enable it to determine whether the conditions supporting the exemption continue to exist. Any applicant aggrievedRuling subject to review. by an order denying or otherwise disposing of an application for exemption by the Commission may obtain a review of such order in the manner provided in subsection
(b)of section 6. organization of the codeOrganization of the code. Sec. 5
(a)Upon the appointment of the Commission it shall atCommission to promulgate code and assist In organizing district boards. once promulgate said code and assist in the organization of the district boards as provided for in section 4, and shall prepare and 84supply 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 code membership and right to tax exemption. The membership of any such coal producer in such code and his right to an exemption from the taxes imposed by section 3
(b)of this Act, may be revoked by the Commission upon written complaint by any code member or district board, or any State or Hearing.political subdivision of a State, or the consumers’ counsel, after a tearing, with thirty days’ written notice to the member, upon proof that such member has willfully violated any provision of the code or any regulation made thereunder; and in such a hearing any code member or district board, or any State or political subdivision of a State, or the consumers’ counsel, or any consumer or employee, and the Commissioner of Internal Revenue, shall be entitled to Proviso.Cease and desist orders.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 regulations made thereunder and upon failure of the code member to Enforcement.comply with such order the Commission may apply to a circuit court of appeals to enforce such order in accordance with the provisions of subsection
(c)of section 6 or may reopen the case upon ten days’ notice to the code member affected and proceed in the hearing thereof as above provided. Record of proceedings, etc.The Commission shall keep a record of the evidence heard by it in any proceeding to cancel or revoke the membership of any code member and its findings of fact, if supported by substantial evidence, shall be conclusive upon any proceeding to review the action and order of the Commission in any court of the United States. Findings, upon revoking membership.In making an order revoking membership in the code as in this subsection provided, the Commission shall specifically find
(1)the day or days on which the violations occurred;
(2)the quantity of coal sold or otherwise disposed of in violation of the code or regulations thereunder;
(3)the sales price at the mine or the market value at the mine if disposed of otherwise than by sale at the mine, or if sold otherwise than through an arms’ length transaction, of the coal sold or otherwise disposed of by such code member in violation of the code or regulations thereunder;
(4)the minimum price established by the Commission for such coal and in effect at the time of such sale or other disposal;
(5)the amount of tax required to be paid by the code member as a condition to reinstatement to membership in the code as in subsection
(c)hereof provided.
(c)Restoration to membership. Any producer whose membership in the code and whose right to an exemption from the tax imposed by section 3
(b)of this Act shall have been revoked and canceled may apply to the Commission and shall have the right to have his membership in the code restored upon payment by him to the United States of double the amount *Ante*, p. 75.of the tax provided in section 3
(b)upon the sales price at the mine, or the market value at the mine if disposed of otherwise than by sale at the mine, or if sold otherwise than through an arms’ length transaction, of the coal sold or disposed of by the code member in violation of the code or regulations thereunder (but in no case shall such sales price or market value be taken to be less than the minimum price established by the Commission for such coal and in effect at the time of such sale or other disposal), as found by the Commission under subsection
(b)hereof. The Commission shall thereupon certify to the Commissioner of Internal Revenue and to the collector of internal revenue for the internal revenue collection district in which the producer resides the amount of the required payment as found under clause
(5)of subsection (b), and upon payment of such amount 85to the Commissioner or the collector such officer shall notify the Commission thereof.
(d)Any code member who shall be injured in his business orSuits by code member for code violations, etc. 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 or any regulation made thereunder, may sue therefor in any court of competent jurisdiction where the defendant resides, or is found or has an agent or a place of business, without respect to the amount in controversy, and shall recover threefoldDamages and costs. damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. Sec. 6.
(a)All rules, regulations, determinations, and promulgationsReview of district board’s actions. 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, including any State or any political subdivision thereof. In the event that a district board shall fail, for anyAction by Commission upon failure of district board to act.Arbitration. reason, to take action authorized or required by this Act, then the Commission may take such action in lieu of the district board. 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 CommissionAppeal from Commission’s order. 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 thePetition to be filed. District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Commission be modified or set aside in whole or in part. AService of copy on Commission. copy of such petition shall be forthwith served upon any member of the Commission and thereupon the Commission shall certify andFiling transcript of record. file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript suchCourt jurisdiction. 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 shall be considered by the court unless such objection shall have been urged below. The finding of the CommissionFinding of facts, etc. as to the facts, if supported by substantial evidence, shall be conclusive. If either party shall apply to the court for leave toAdditional evidence. 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, 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. The Commission may modify itsModification of findings of facts. 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 original order. The judgment and decree of the court, affirming, modifying,Finality of judgment and decree. and enforcing or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the SupremeReview.[28 U. S. C. §§ 346, 347](/us/usc/t28/s346/347). 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). 86 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 order oJurisdiction of court.f 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, or setting Findings of fact.aside the order of the Commission. The findings of the Commission as to facts, if supported by substantial evidence, shall be conclusive.Additional evidence. 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 of fact.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.return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to [28 U. S. C. §§ 346, 347](/us/usc/t28/s346/347).review by the Supreme Court 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).
(d)Review. 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 shall be exclusive. Sec. 7. Laws applicable to tax provisions.[47 Stat. 259](/us/stat/47/259). All provisions of law, including penalties and refunds, applicable in respect of the taxes imposed by Title IV of the Revenue Act of 1932, as amended, 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. General authority of Commission.
(a)The members of the Commission are authorized to administer oaths to witnesses appearing before the Commission and to authorize the taking of depositions in any proceedings; and, for the purpose of conducting its investigations, said Commission 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 Refusals to obey subpena.courts of the United States. In case of contumacy by or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papera, correspondence, memoranda, and other records. Upon the filing of the 87application for such aid with the clerk of the court the court shall, either in term time or vacation, forthwith enter an order of record, requiring such person to appear before such court at a time stated in the order not more than ten days from the entry of the order (unless for good cause shown such time is extended), 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 and give such testimony or produce such evidence as may be lawfully required by said Commission. The district court, either in term time or vacation,Contempt; punishment. shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court. Witnesses summoned before the Commission or when depositions are taken upon order of the Commission, shall be paid the same fees and mileage as are paid witnesses in the courts of the United States, and officers taking such depositions shall be paid the same fees as are paid for like services in courts of the United States.
(b)No person shall be excused from attending and testifying orTestimony, records, etc., required. from producing books, papers, contracts, agreements, and other records and documents before the Commission, or in obedience to the subpena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Sec. 9.
(a)It is hereby declared to be the public policy of theLabor, etc., provisions.Policy declared. United States that—
(1)Employees of producers of coal shall have the right to organizeEmployees’ right to organize and bargain collectively. and to bargain collectively with respect to their hours of labor, wages, and working conditions through representatives of their own choosing, without restraint, coercion, or interference on the part of the producers.
(2)No producer shall interfere with, restrain, or coerce employeesExercise of rights without restraint. in the exercise of their said rights, nor discharge or discriminate against any employee for the exercise of such rights.
(3)No employee of any producer and no one seeking employmentEmployee not compelled to join producer-controlled union. with him or it shall be required as a condition of employment to join any association of employees for collective bargaining in the management of which the producer has any share of direction or control.
(b)No coal (except coal with respect to which no bid is requiredUnited States, etc., purchasing from producer failing to comply with requirements. by law prior to purchase thereof) shall be purchased by the United States, or by any department or agency thereof, produced at any mine where the producer failed at the time of the production of such coal to accord to his or its employees the rights set forth in subsection
(a)of this section.
(c)On the complaint of any employee of a producer of coal, orHearings on complaint of employee. other interested party, the Commission may hold a hearing to determine whether any producer supplying coal for the use of the United States or any agency thereof, is complying with the provisions of subsection
(a)of this section. If the Commission shall find that suchCertifying findings to agency concerned. producer is not complying with such provisions, it shall certify its 88 Termination of contract.findings to the department or agency concerned. Such department or agency shall thereupon declare the contract for the supply of the coal of such producer to be canceled and terminated.
(d)Designated Acts not affected.[47 Stat. 70](/us/stat/47/70).[29 U. S. C. § 101](/us/usc/t29/s101).[49 Stat. 449](/us/stat/49/449).[29 U. S. C., Supp II, § 151](/us/usc/t29/s151).[49 Stat. 2036](/us/stat/49/2036).[41 U. S. C., Supp. II, § 35](/us/usc/t41/s35). Nothing contained in this Act or section shall be construed to repeal or modify the provisions of the Act of March 23, 1932 (ch. 90, 47 Stat. 70), or of the Act of July 5, 1935 (ch. 372, 49 Stat. 449) known as the National Labor Relations Act, or of any other Act of Congress regarding labor relations or rights of employees to organize or bargain collectively, or of the Act of June 30, 1936 (ch. 881, 49 Stat. 2036). Sec. 10. Reports and accounts of producers.
(a)The Commission may require reports from producers and may use such other sources of information available as it deems advisable, and may require producers to maintain a uniform system of accounting of costs, wages, operations, sales, profits, losses, and such other matters as may be required in the administration of this Information considered confidential.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 made in evidence in any hearing before the Commission or any court 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)Penalty fer violation. 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)Failing to file report; penalty. If any producer required by this Act or the code or regulation made thereunder to file a report shall fail to do so within the time fixed for filing the same, and such failure shall continue for fifteen days after notice of such 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 Recovery of fine by civil suit.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 office or in any district in which he shall do business. Duties of district attorneys.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. Combination creating marketing agency for disposal of competitive coals in interstate commerce. Any combination between producers creating a marketing agency for the disposal of competitive coals in interstate commerce or in intrastate commerce directly affecting interstate commerce in coal at prices to be determined by such agency, or by the agreement of the producers operating through such agency, shall, after promulgation of the code provided for in section 4, be unlawful as a restraint of interstate trade and commerce within the provisions of the Act of Congress of July 2, 1890, known as the Sherman Act, and Acts amendatory and supplemental thereto, unless such producers have accepted the code provided for in section 4 and shall comply with its provisions. Cooperative marketing provisions.Subject to the approval of the Commission, a marketing agency may, as to its members, or such marketing agencies may, as between 89and among themselves, provide for the cooperative marketing of their coal, at prices not below the effective minimum prices nor above the effective maximum prices prescribed in accordance with section 4: *Provided*, That no such approval shall be granted by the CommissionProviso.Conditions stipulated. unless it shall find that the agreement under which such agency or agencies propose to function
(1)will not unreasonably restrict the supply of coal in interstate commerce,
(2)will not prevent the public from receiving coal at fair and reasonable prices,
(3)will not operate against the public interest, and
(4)that each such agency and its members have agreed to observe the effective marketing regulations and minimum and maximum prices from time to time established by the Commission and otherwise to conduct the business and operations of the agency in conformity with reasonable regulations for the protection of the public interest, to be prescribed by the Commission. The Commission may, by order, upon complaint of any codeCommission may suspend or revoke approval for violations. member, district board, or member thereof, any State or political subdivision thereof, the consumers’ counsel or any other interested person, or on its own motion, suspend or revoke its prior approval of any such marketing agency agreement upon finding that the regulations and orders of the Commission or the requirements of this section have been violated. Unless and until the approval of the Commission is suspended or revoked, neither the agreement creating such marketing agency nor any agreement between such agencies, which has been approved by the Commission, nor any act done in pursuance thereof, by such agency or agencies, or the members thereof, and not in violation of the terms of the Commission’s approval, shall be construed to be within the prohibitions of the antitrust laws of the United States. Sec. 13. If any provision of this Act or the code provided herein,Separability provisions. or any section, subsection, paragraph, or proviso, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act or code, and the application thereof to other persons or circumstances, shall not be affected thereby; and if either or any of the provisions of this Act or code relating to prices or unfair methods of competition shall be found to be invalid, they shall be held separable from other provisions not in themselves found to be invalid. other duties of the commissionOther duties of Commission. Sec. 14.
(a)The Commission shall study and investigate theStudies and investigations. matter of increasing the uses of 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 utilize the services of the Bureau of Mines.
(3)The problem of marketing to lower distributing costs for the benefit of consumers.
(4)The Commission shall, as soon as reasonably possible after its appointment, investigate the necessity for the control of production of coal and methods of such control, including allotment of output to districts and producers within such districts and shall hold hearings thereon.
(b)The Commission shall annually report the results of its investigationsReports of investigations. under this section, together with its recommendations, to the Secretary of the Interior for transmission by him to Congress. 90 Sec. 15. Complaints respecting excessive coal prices. Upon substantial complaint that 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, and Correction of abuses.its findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct such abuses. The Commission may institute proceedings under this section, and complaints may be made by any State or political subdivision of a State or by the consumers’ counsel. Sec. 16. Complaints to Interstate Commerce Commission respecting transportation costs. To safeguard the interests of those concerned in the mining, transportation, selling, and consumption of coal, the Commission or the office of consumers’ counsel 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 ear and dispose of any complaint filed by another than the Commission, involving the transportation of coal, the Interstate Commerce Commission shall cause the Commission and the office of consumers’ counsel to be notified of the proceeding and, upon application to the Interstate Commerce Commission, shall permit the Commission and consumers’ counsel 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. 17. Definitions. As used in this Act—
(a)“Coal.” The term “coal” means bituminous coal.
(b)“Bituminous coal.” The term “bituminous coal” includes all bituminous, semi-bituminous, and sub-bituminous coal and shall exclude lignite, which is defined as a lignitic coal having calorific value in British thermal units of less than seven thousand six hundred per pound and having a natural moisture content in place in the mine of 30 per centum or more.
(c)“Producer.” The term “producer” includes all individuals, firms, associations, corporations, trustees, and receivers engaged in the business of mining coal.
(d)“Interstate commerce.” The term “interstate commerce” means commerce among the several States and Territories, with foreign nations, and with the District of Columbia.
(e)“United States.” The term “United States” when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia. Sec. 18. Effective date of Section 3.*Ante*, p. 75. Section 3 of this Act shall become effective on the first day of the second calendar month after the enactment of this Act, unless the Commission shall not at that time have promulgated the code and 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 promulgated the code and such forms of acceptances, which date shall be promulgated by Executive Of other sections.order of the President of the United States. All other sections, except section 20 (a), of this Act shall become effective on the day of the approval of this Act. Sec. 19. Duration.Liabilities, etc., not affected.[R. S. § 13](/us/rs/13).[1 U. S. C. § 29](/us/usc/t1/s29). This Act shall cease to be in effect (except as provided in section 13 of the Revised Statutes) and any agencies and offices established thereunder shall cease to exist on and after four years from the date of the approval of this Act. Sec. 20. Bituminous Coal Conservation Act of 1935 repealed.[49 Stat. 991](/us/stat/49/991).[15 U. S. C., Supp. II, §§ 801–827](/us/usc/t15/s801–827).
(a)The Bituminous Coal Conservation Act of 1935 is hereby repealed, but such repeal shall not be effective until the consumers’ counsel and a majority of the members of the Commission have been appointed. 91
(b)There is hereby authorized to be appropriated from time toAppropriation authorized. time such sums as may be necessary for the administration of this Act. All sums heretofore or hereafter appropriated or made availableAvailability of other funds. to the National Bituminous Coal Commission and to the consumers’ counsel of the National Bituminous Coal Commission established under the Bituminous Coal Conservation Act of 1935 are hereby transferred and made available for the uses and during the periods for which appropriated, in the administration of this Act by the National Bituminous Coal Commission and the office of the consumers’ counsel herein created.
(c)The records, property, and equipment of the National BituminousTransfer of records, etc. Coal Commission and the consumers’ counsel, respectively, established under the Bituminous Coal Conservation Act of 1935 are hereby transferred to the Commission and the consumers’ counsel, respectively, established under this Act. Sec. 21. This Act may be cited as the Bituminous Coal Act ofShort title. 1937. Annex to Act—Schedule of DistrictsAnnex to Act—Schedule of districts. eastern pennsylvania District 1. The following counties in Pennsylvania: Bedford,Eastern Pennsylvania. 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 District 2. The following counties in Pennsylvania: Allegheny,Western Pennsylvania. 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. northern west virginia District 3. The following counties in West Virginia: Barbour,Northern West Virginia. 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. 92 ohio District 4. Ohio. All coal-producing counties in Ohio. michigan District 5. Michigan. All coal-producing counties in Michigan. panhandle District 6. Panhandle. The following counties in West Virginia: Brooke, Hancock, Marshall, and Ohio. southern numbered 1 District 7. Southern numbered 1. 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 Virginian 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 Railway 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 Railway. 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 RichlandsJewell Ridge branch of the Norfolk and Western Railroad. Buchanan County, that portion served by the RichlandsJewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the headwaters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek). southern numbered 2 District 8. Southern numbered 2. 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. Wyoming County, that portion served by Gilbert branch of the Virginian Railway 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 headwaters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the RichlandsJewell 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 Junc-93tion to Boissevain of Norfolk and Western Railroad and RichlandsJewell 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, Leslie, Letcher, 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 District 9. The following counties in Kentucky : Butler, Christian,West Kentucky. Crittenden, Daviess, Hancock, Henderson, Hopkins, Logan, McLean, Muhlenberg, Ohio, Simpson, Todd, Union, Warren, Webster. illinois District 10. All coal-producing counties in Illinois.Illinois. indiana District 11. All coal-producing counties in Indiana.Indiana. iowa District 12. All coal-producing counties in Iowa.Iowa. southeastern District 13. All coal-producing counties in Alabama.Southeastern. 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 District 14. The following counties in Arkansas: All countiesArkansas-Oklahoma. in the State. The following counties in Oklahoma : Haskell, Le Flore, Sequoyah. southwestern District 15. All coal-producing counties in Kansas. All coal-producing Southwestern.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 District 16. The following counties in Colorado : Adams, Arapahoe,Northern Colorado. Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld. southern colorado District 17. The following counties in Colorado: All counties notSouthern Colorado. 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 mexico District 18. The following counties in New Mexico: Grant, Lincoln,New Mexico. McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro. 94 The following counties in Arizona: Pinal, Navajo, Graham, Apache, Coconino. All coal-producing counties in California. wyoming District 19. Wyoming. All coal-producing counties in Wyoming. The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Bannock, Power, Caribou, Oneida, Franklin, Bear Lake. utah District 20. Utah. All coal-producing counties in Utah. north dakota-south dakota District 21. North Dakota-South Dakota. All coal-producing counties in North Dakota. All coal-producing counties in South Dakota. montana District 22. Montana. All coal-producing counties in Montana. washington District 23. Washington. All coal-producing counties in Washington. All coalproducing counties in Oregon. The Territory of Alaska. Approved, April 26, 1937. To repeal an Act of March 3, 1933, entitled “An Act to provide for the transfer of powder and other explosive materials from deteriorated and unserviceable ammunition under the control of the War Department to the Department of Agriculture for use in land clearing, drainage, road building, and other agricultural purposes.” 1937-04-26 130 Chapter 50 Stat. 94 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 2024-11-23 75 1 public [CHAPTER 130] AN ACT To repeal an Act of March 3, 1933, entitled “An Act to provide for the transfer of powder and other explosive materials from deteriorated and unserviceable ammunition under the control of the War Department to the Department of Agriculture for use in land clearing, drainage, road building, and other agricultural purposes.” April 26, 1937[[S. 1280](/us/bill/75/s/1280)][[Public, No. 49](/us/bill/75/pl/49)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Transfer of deteriorated explosives for agricultural purposes; Act repealed.[47 Stat. 1486](/us/stat/47/1486).[10 U. S. C. § 1210a](/us/usc/t10/s1210a). That the Act of Congress entitled “An Act to provide for the transfer of powder and other explosive materials from deteriorated and unserviceable ammunition under the control of the War Department to the Department of Agriculture for use in land clearing, drainage, road building, and other agricultural purposes”, approved March 3, 1933, be, and the same is hereby, repealed. Approved, April 26, 1937. To extend the times for commencing and completing the construction of a free highway bridge across the Mississippi River at or near La Crosse, Wisconsin. 1937-04-26 131 Chapter 50 Stat. 94 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 2024-11-23 75 1 public [CHAPTER 131] AN ACT To extend the times for commencing and completing the construction of a free highway bridge across the Mississippi River at or near La Crosse, Wisconsin. April 26, 1937[[S. 1897](/us/bill/75/s/1897)][
Connectionstraces to 4
8 references not yet in our index
  • 5 USC 631–662
  • 28 USC 346
  • 47 Stat. 259
  • 49 Stat. 449
  • 1 USC 29
  • 49 Stat. 991
  • 50 Stat. 94
  • 10 USC 1210a
Citation graph
cites case law
Public Law 49
Stat.Public Law 65
U.S.C.§ 101
Stat.Public Law 672
Stat.Public Law 50
Cite5 USC 631–662
Cite28 USC 346
Stat.47 Stat. 259
Stat.49 Stat. 449
Cite1 USC 29
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