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EDERAL
VOLUME 3

Washington
REGISTER
193 4

Un it e d

, Thursday, January 27> 1938

DEPARTMENT OF THE INTERIO R.
National Bituminous Coal Commission.
Order No. 201

A T emporary O rder A mending O rder N o . 200 a s to I nclude U ntil F urther O rder op the C ommission a M in im u m P rice for C oals H aving a M axim um T op S ize op T hreeEighths I nch P roduced b y C ode M embers W it h in D is
tricts N umbers O ne and S even , and A mending S aid O r der No. 200 so as to P rohibit the A pplication of the T emporary M in im u m P rice T herein P rovided W h en S ales A re M ade for B y -P roduct U se
Order No. 200, issued on the 21st day o f January, 1938,1
provided certain temporary relief by establishing a minimum price for coals having a maximum top size of % " produced by code members within Districts Numbers Two, Three, Pour and Six, pending final disposition of petitions therein named or until further order of the Commission, and it now ap pearing to the Commission that code members within Dis tricts Numbers One and Seven should be afforded such temporary relief as afforded code members within Districts Nos. Two, Three, Four and Six.
Now, therefore, it is hereby ordered:
1. That Order No. 200 is modified and amended and the Schedules of Minimum Prices fo r Coals of Code Members Produced within Districts Numbers One, Two, Three, Four, Six and Seven, and Supplement No. 1 to Price Schedule No.
1 for each of the respective Districts, be and the same are hereby modified and revised to contain the following provision, as if the same were fu lly set out therein:
Code Members who, prior to December 16, 1937, produced and sold % " x 0 " or Vi x 0 " slack are authorized to sell such sizes at a price not in excess of 100 under the mini mum price established fo r % " x 0 size fo r the same mine when fdr shipment into Market Areas 2, 4, 6, 7, 8, 9 and 10; pro vided, that no substitution may be made against orders for any % x 0 " or V x 0 sizes. The temporary price herein provided for % x 0 or Vi x 0 slack shall not apply on sales for by-product use.
2. That except as herein tem porarily revised the Minimum Price Schedules and Supplements thereto established fo r Districts Numbers One, Two, Three, Four, Six and Seven, and the temporary orders previously entered in the dockets referred to in Order No. 200, shall remain in fu ll force and effect until further order of the Commission.
3. That the Secretary of the Commission .shall forthwith mail copies of this order to the Consumers Counsel, to the Secretaries of the Bituminous Coal Producers Boards, and to Code Members within Districts Numbers One, Two, Three, Four, Six and Seven; and shall cause a copy of this order to be made available for inspection to all interest parties at the office of the Secretary o f the C om m ission and at all 13 F. R. 229 D I .

NUMBER 19

Statistical Bureaus of the Commission; and shall cause a copy of this order to be published in the F ederal R egister.
By order of the Commission.
Dated this 24th day of January, 1938.
seal
F. W itcher M cC ullough , Secretary.
F. R. Doc. 38-272; Filed, January 26,1938; 10:31 a. m

DEPARTM ENT OF AGRICULTURE.
Agricultural Adjustment Administration.
R evision of D etermination of F air and R easonable W age R ates for H arvesting the 1937 C rop of S ugar B eets, P ursuant to the S ugar A ct of 1937

Whereas Section 301 b of the Sugar A ct of 1937, ap proved September 1, 1937, provides as one o f the conditions fo r payment to producers of sugar beets and sugarcane, as follows:
b That all persons employed on the farm in the production, cultivation, or harvesting of sugar beets or sugarcane with re spect to which an application fo r payment Is made than have been paid in fu ll for aU such work, and shall have been paid wages therefore at rates not less than those that may be de termined by the Secretary to be fair and reasonable after in vestigation and due notice and opportunity for public hearing;
and in making such determinations the Secretary shall take into consideration the standards therefor formerly established by him under the Agricultural Adjustment Act, as amended, and the differences in conditions among various producing areas:
Provided, however, That apayment which would be payable except for the foregoing provisions of this subsection may be made, as the Secretary may determine, in such manner that the laborer will receive an amount, insofar as such payment will suffice, equal to the amount of the accrued unpaid wages for such work, and that the producer will receive the remainder, if any, of such payment.

and Whereas Section 301 e of the said act provides, in part as follows:
The conditions provided in sub-section b with re spect to wage rates, of this section shall not apply to work per formed prior to the enactment of this Act; .

and Whereas the Secretary of Agriculture has held a number o f publie hearings1 in the sugar beet area fo r the purpose of receiving evidence with respect to fa ir and reasonable wage rates fo r persons employed in the production, cultiva tion, or harvesting of the 1937 crop of sugar beets.
Now, Therefore, I, Henry A. W allace, Secretary of A gri culture, after investigation and due consideration o f the evidence obtained at the aforesaid hearings and all other inform ation before me, do hereby determine a fa ir and reasonable wage rate with respect to the harvesting, after September 1, 1937, of the 1937 crop of sugar beets, which rate fo r any farm shall be not less than 12 cents per net short ton harvested, in addition to the total amount agreed upon between the producer and laborer; Provided, however, 12 F. R. 2447 D I>.

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