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REGISTER

FEDERAL
VOLUME 3

1934

r
4 ONnto

NUMBER 118

Washington, Friday, June 17, 1938
R ules, Regulations, Orders
by the Acting Secretary on January 19, 1938, provided in part as follows:

CONTENTS

RULES, REGULATIONS, ORDERS
Pursuant to the authority contained T itle 7 A griculture :
Page TITLE 7AGRICULTURE
in Section 205 a of the Sugar Act of Agricultural Adjustment Ad 1937 Public, No. 414, 75th Congress AG RIC U LTU RAL ADJUSTMENT
ministration:
and on the basis of the information now AD M IN ISTRATIO N
Liquid sugar quotas, 1938, de before me, I, Harry L. Brown, Acting termination regarding al D etermination R egarding A llotment of Secretary of Agriculture, do hereby find lotment o f______________ 1427
the 1938 L iquid S ugar Q uotas that the allotment of the 1938 liquid T
itle 16 C ompetitive P ractices:
Section 208 of the Sugar Act of 1937 sugar quotas for foreign countries, es Federal Trade Commission:
establishes quotas for liquid sugar for tablished pursuant to section 208 of the Superwear Hosiery Co. G. M.
foreign countries for each calendar year. said act, is necessary to afford all inter Moses and J. Averbach, Under the provisions of section 205 a ested persons an equitable opportunity order to cease and desist_. 1428
of said act the Secretary of Agriculture to market such sugar
T itle 19 Customs D u t ies :
is required to allot these liquid sugar The preliminary finding was made Bureau of Customs:
quotas whenever he finds that the allot upon the basis of information which the Statistical reports o f cargo__1429
ment is necessary 1 to assure an Acting Secretary had indicating that Surrender of documents of orderly and adequate flow of liquid sugar without an allotment interested persons vessels covered by a pre in the channels of interstate or foreign would not be afforded an equitable op ferred mortgage________
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commerce, 2 to prevent disorderly mar portunity to purchase supplies of liquid keting or importation of liquid sugar, 3
TI tle 25 I ndians :
sugar and, as a result, would not have to maintain a continuous and stable sup Choctaw and Chickasaw Na an equitable opportunity to market ply of liquid sugar, or 4 to afford all tions, Okla., leasing of seg liquid sugar.
interested persons an equitable oppor regated coal and asphalt The hearing was held at the time and tunity to market liquid sugar within any deposits__________________
1433
place mentioned in the notice of hear areas quota. Section 205 a also pro Tribal lands, leasing for mining ing and a number of witnesses appeared vides that such allotments shall be made and testified. Only one witness testified purposes__________________
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after such hearing and upon such notice that the making of allotments was nec T itle 49 T ransportation and as the Secretary may by regulations essary and the reason as stated by him R ailroads:
prescribe.
Motor carrier employees, maxi was that his company was not able to On January 19, 1938, the Acting Sec secure its supplies of liquid sugar for mum hours of service____
1433
retary of Agriculture, pursuant to Gen 1938 Wadsworth R. p. 30. The other NOTICES
eral Sugar Regulations, Series 2, No. 2,1 witnesses opposed the making of allot issued a notice of a public hearing to be ments and two of them testified that held in Washington, D. C. on February such action would eliminate competitive Securities and Exchange Commis sion:
1, 1938,2 for the purpose of receiving evi bidding by importers for liquid sugar Hearings on applications to dence to enable the Secretary of Agri and would tend to create a monopoly strike from listing and reg culture to make a fair, efficient, and Wilson, R. p. 76; Boots, R. p. 101.
istration certain stocks of:
equitable distribution of the liquid sugar As stated above, one company re Chicago, Indianapolis and quotas among persons who bring liquid quested that the allotment be made.
Louisville Railway Co__ 1435
sugar from foreign countries into the Considerable testimony was given at the Detroit and Mackinac Rail continental United States, and such hearing bearing upon the question way Co-----------:----------- 1434
other evidence as might be pertinent to whether this company was afforded an Market Street Railway Co__ 1434
the exercise of the powers vested in the equitable opportunity to purchase its New Orleans, Texas & Mexico Secretary under Section 205 a of the supplies of liquid sugar. Such testi Railway Co_____________ 1435
act.
mony indicates that the failure of this Norfolk Southern Railroad Section 205 a of the act requires a company to obtain its supplies of liquid Co_______________________ 1435
preliminary finding of the Secretary as sugar was due to its refusal to pay the Pittsburgh Terminal Coal a condition precedent to the calling of a price asked for such supplies. The mill Corp____________________
1434
hearing. The notice of hearing and from which this company had been pur Reis, Robert, & Co__________
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designation of presiding officers issued chasing its supplies offered the 1938
Wells, Fargo & Co__________
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supply to this company first Wads 12 F. R. 2200 D I .
worth, R. pp. 18, 20, 22, 25; Douglas, R.
23 F. R. 215 D I .

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