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3632

F E D E R A L R E G IS T E R , Wednesday, Septem ber 11, 1940

Commission in the City of Washington, D. C., as the place, when and where a hearing will be had on the charges set forth in this complaint, at which time and place you will have the right, under said Act, to appear and show cause why an order should not be entered by said Commission requiring you to cease and desist from the violations of the law charged in the complaint.
You are notified and required, on or before the twentieth day after service upon you of this complaint, to file with the Commission an answer to the com plaint. I f answer is filed and if your ap pearance at the place and on the date above stated be not required, due notice to that effect will be given you. The Rules of Practice adopted by the Com mission with respect to answers or fa il ure to appear or answer Rule IX pro vide as follows:
In case of desire to contest the pro ceeding the respondent shall, within twenty 20 days from the service o f the complaint, file with the Commission an answer to the complaint. Such answer shall contain a concise statement of the facts which constitute the ground of de fense. Respondent shall specifically ad m it or deny or explain each of the facts alleged in the complaint, unless respond ent is without knowledge, in which case respondent shall so state.

Failure of the respondent to file answer within the time above provided and fa il ure to appear at the time and place fixed for hearing shall be deemed to authorize the Commission, without further notice to respondent, to proceed in regular course on the charges set forth in the complaint.
I f respondent desires to waive hearing on the allegations of fact set forth in the complaint and not to contest the facts, the answer may consist of a state ment that respondent admits all the ma terial allegations of fact charged in the complaint to be true. Respondent by such answer shall be deemed to have waived a hearing on the allegations of fact set forth in said complaint and to have authorized the Commission, without further evidence, or other intervening procedure, to find such facts to be true, and if in the judgment of the Commis sion such facts admitted constitute a violation of law or laws as charged in the complaint, to make and serve find ings as to the facts and an order to cease and desist from such violations.
Upon application in writing made con-1
temporaneously with the filing o f such
answer, the respondent, in the discretion of the Commission, may be heard on brief, in oral argument, or both, solely on the question as to whether the facts so admitted constitute the violation or violations of law charged in the com plaint.
In witness whereof the Federal Trade Commission has caused this, its com plaint, to be signed by its Secretary, and its official seal to be hereto affixed at Washington, D. C., this 5th day of Sep tember, A. D. 1940.
B y the Commission.
Is e a l I
O t i s B. J o h n s o n , Secretary.
IF. R. Doc. 40-3802; Filed, September 10, 1940;
11:11 a. m.

on file in the office of said Commission for a statement o f the transactions therein proposed, which are summarized below:
The declarants jointly request approval of the sale of all of the assets except cash of Hermiston Light and Power Company to Pacific Power and light Company for a consideration of approxi mately $161,63224, and the subsequent liquidation and dissolution of Hermiston Light and Power Company. The declar ants have designated Section 12 d of the Act and Rule U-12D-1 as applicable to the proposed transaction.
By the Commission.
seal
F r a n c is P . B rassor ,
Secretary.
F . R. Doc. 40-3804; Filed, September 10.
1940; 11:25 a. m.

SECURITIES AND EXCHANGE COM
MISSION.
File No. 1-2055

File No. 70-152
I n t h e M atter o f I n t e r n a t io n a l U t i l i
t ie s C o r p o r a t io n , H e h m is t o n L ig h t a n d P ow er C o m p a n y , R alph E lsm an, T rus t e e U n d e r T r u s t A g r e e m e n t D ated J u l y 12, 1939

NOTICE REGARDING FILING SUBJECT TO
RULE U-8

At a regular session o f the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 10th day o f September, A. D. 1940.
Notice is hereby given that a declara tion or application or both, has been filed with this Commission pursuant to the Public Utility Holding Company Act of 1935 by the above named party ot parties; and Notice is further given that any inter ested person may, not later than Septem ber 19, 1940, at 4:30 P. M., E. S. T., or 1:00 P. M., E. S. T if such date be a Saturday, request the Commission in writing that a hearing be held on such matter, stating the reasons for such re quest and the nature of his interest, or may request that he be notified if the Commission should order a hearing thereon. A t any time thereafter such declaration or application, as filed or as amended, may become effective or may be granted, as provided in Rule U-8 of the Rules and Regulations promulgated pursuant to said Act. Any such request should be addressed: Secretary, Securi ties and Exchange Commission, Wash ington, D. C.
All interested persons are referred to said declaration or application, which is
I n t h e M atter o f F o n d a , J o h n s t o w n &
G l o v e r s v il l e R a ilr o a d C o m p a n y 4y>%
F ir s t C o n s o l id a t e d G e n e r a l R efund
i n g M o rtgage , D u e 1952

ORDER RANTING APPLICATION TO STRIKE
FROM LISTING AND REGISTRATION

At a regular session of the Securities and Exchange Commission held at its office in the City o f Washington, D. C., on the 7th day of September, A. D. 1940.
Th e New York Stock Exchange, pur suant to Section 12 d of the Securities Exchange Act o f 1934, as amended, and Rule X-12D2-1 b promulgated there under, having made application to strike from listing and registration the 4y2%
First Consolidated General Refunding Mortgage, due 1952, of Fonda, Johns town & Gloversville Railroad Company;
and A fter appropriate notice,1 a hearing having been held in this matter; and The Commission having considered said application together with the evi dence introduced at said hearing, and haring due regard for the public interest and the protection of investors;
I t is ordered, That said application be and the same is hereby granted, effective at the close of the trading session on September 17, 1940.
By the Commission.
s e a l

F r a n c is P . B rassor ,
Secretary.
F . R. Doc. 40-3805; Filed, September 10, 1940; 11:28 a. m .
15 F.R. 2162.