The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-10-13
Bona Eide Contracts Not
Affected by the Presi-
dents Orders.
RIGID ON JOBBING FEES
Operators Not Allowed to
Charge Sales Commits
sions.

WASHINGTON, oct. 13.-Dr. II. A.
Garfield's most recent statement re-
garding the rules and regulations OF
the Coal Administration is quite com
prehensive. 1t relates to prices, sale,
shipment, and distribution, and place
The Federal agencies involved in a
trong position to handle the situation
nd determine whether all branches
re meeting the conditions imposed.
ne rules and regulations follow:
l. The prices for coal fixed by the
President as modified by the orders OF
.ho Fuel Administrator, shall apply to
Export and bunker coal.
g Contracts relating to bituminous
coal made before the Presidents proc.
amation Of August 81, 1917, and con.
ict5' relating to anthracite coal made
3iore the Presidents proclamation Of
August 80, 1917, shall not be affected
by these proclamat.ons, provided the
contracts are bona fide in character
md enforceable at law, in the absence
II further express regulation.
3. If the claim lie made that any
,Citic coal has been acquired in &C.
GGhce WITH bona fide contract en-.
,orceable at law, existing prior to the
Inc of the order OF the President ap.
liable thereto, the burden of proof
Is upon the parties to the contract to
establish those facts.
4. Coal may be bought and sold at
prices lower than those prescribed by
the orders OF the President.
5. The effect OF the Presidents or.
ders on coal rolling when the order az
fecting such coal was issued is to be
decided by first ascertaining whether
or not the title had passed from the
operator to the consignee at the time
the Presidents order became effective.
If the title had passed to the consignee
the price fixed by the President does
not apply.
Bars Extra Commissions.
6. Operators who maintain their own
sales department, whether in their own
name or under separate name, and
dispose of coal directly to the dealer or
consumer, shall lot charge any job.
ber's commission. A jobber must be
entirely independent Of the operator,
in fact as we'll as in name, in order to
be entitled to charge jobber's com
mission.
Z. Free coal shipped from the mines
subsequent to the PRONUNCIATION of the
Presidents order fixing the price for
such coal shall reach the dealer at not
more than the price fixed by the Prest.
dents order, plus only the prescribed
jobber's commission Gf the coal has
been purchased Though jobberJ and
transportation charges.
s. A jobber who had already con-
tracted to buy coal at the time of the
Presidents order fixing the price OF
such coal, and WHO was at that time
already under contract to sell the same,
may fill his contract to sell at the price
named therein.
9. A jobber, who, at the time OF the
Presidents order fixing the price of
the coal in question at the mine, had
contracted to buy coal at or below the
Presidents price, and at that time had
no contract to sell such coal, shall not
sell the same at price higher than the
purchase price, plus the proper job.
ber's commission as determined by the
Presidents regulation of August 2S,
1917.
10. A jobber who, at the time of the
Presidents order fixing the price of
coal in question was under contract to
deliver such coal at price higher than
a price represented by the price fixed