The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-03-20
PAp RATE AGST
Be KEPT UP ON
RAILROAD FUEL.
There'1 be Readjustment if
It Is Changed, Order
Says.

Instructions covering the purchase
of railroad fuel, which became effec-
tive last Saturday, have been issued
by Henry B. Spencer, chairman of the
central advisory committee Of the
United States Railroad administra-
ton. The most recent issue of The
Weekly Digest, the organ of The Ma
tional Coal Association, copies of
which reached Fairmont today, con-
tanned the statement that prices and
names Of contractors will be available
to accredited representatives of the
miners or producers who may request
the information after contracts are
closed.
The instructions in detail are as
follows;
The railroads must not violate ex-
listing contracts or cancel contracts
where the quality of coal is in accord
ance with specifications, without spe-
eial consideration by the Central Ad-
Vtsory Purchasing committee of the
erasons for cancelling.
The purchasing agent Of each indi-
vidual railroad shall buy the coal for
that road under the supervision Of
the Regional Purchasing committee of
his region. In all requests for bids,
the following paragraph should be in
serted:
1T is distinctly understood that all
bids are to be based on existing rates
of pay for all mine labor, and the
price will be subject to readjustment
in event existing rates of pay are
changed"
On contracts awarded or orders
placed, the following paragraph
should be inserted;
1T is distinctly understood that the
prices named herein are based on ex-
listing rates of pay for all mine labor
and the pricse will be subject to re-
adjustment in event existing rates Of
pay are changed"
For coal purchased hereafter, the
purchasing agent Of each road shall
request bids in accordance with para
graph 2. In considering these bids
or making recommendations to the
Regional Purchasing committee for
contracts, the roads must take into
consideration the desire Of the Direc-
tor General to make as wide distrib-
ution of the tonnage bought as con-
ditions will permit, considering quail
ity, transportation and price, at the
same time confning so far as practl-
cable purchases to producers on the
individual roads. The purchasing
agent should not offer any price to
producers and must stipulate that any
price named must be based on exist
ing pay for mine labor. He reserves
the right to reject any or all bids.
The Director General has directed
that prices and names Of contractors
will be available to accredited repre-
sentatives of the miners or produc-
ers who may request the information
after contracts are closed. Prices or
bids which are not accepted need not
be disclosed.
Contracts may be made for a period
not exceeding one year, subject to
cancellation upon thirty days notice
in writing by either party. If in the
judgment of the Regional Director 1t
is desirable, the clause requiring thir-
ty days notice of cancellation may be
waived.
All contracts for fuel shall contain
the following:
1.-The contractor expressly warrants
that he has employed no third person
to solicit or obtain this contract in his
behalf, or to cause or procure some to
be obtained upon compensation in
any way contingent in whole or in
part, upon such procurement; and
that he has not paid, or promised or
agreed to pay, to any third person. in
consideration Of such procurement, or
in compensation for such services in
connection Herewith, any brokerage,
commission or percentage upon the
amount receivable by him hereunder;
and that he has not, in establishing
the contract price demanded by him,
included any sum by reason Of and
such brokerage, commission or per-
cenage; and that all MONIES payable
to him hereunder are free from obli-
cation to any other person for SER
vices rendered, or supposed to have
been rendered, in the procurement Of
this contract. He further agrees that
any breach Of this warranty shall
constitute adequate cause for the an
nulmeut Of this contract by the Unit
ed States, and taht the United States
may retain to its own use from any
sums due or to become due there
under an amount equal to any broker
age commission or percentage so paid
or agreed to be paid,
This agreement Of the Director
General of Railroads. shall not ex-
tend beyound the period of Federal