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F E D E R A L R E G IS T E R , Thursday, October 9, 1941

5144

SECURITIES AND EXCHANGE COM
MISSION.
File No. 31-31
I n th e M atter of P u b l i c S ervice C o r p o
r a t io n of N e w J e r sey ORDER CORRECTING FIND ING S AND D E N Y IN G
P E T IT IO N FOR REHEARING

A t a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 7th day of October, 1941 A. D.
The Commission, on September 15, 1941, issued its Findings, Opinion, and Order denying the application of Public Service Corporation of New Jersey, under section 2 a 8 of the Public Utility Holding Company Act of 1935, for an order declaring it not to be a subsidiary company of The United Gas Improve ment Company and The United Corpo ration, registered holding companies.
On September 19, 1941, Public Service Corporation of New Jersey filed a Peti tion for Rehearing by the Commission of matters covered by said Order.
The Commission has carefully consid ered said Petition for Rehearing in which Petitioner avers, among other things, that the Petition is presented to accom plish all steps which may be required to render effective the filing of a Petition for Review under the provisions of sec tion 24 a of the Public Utility Holding Company Act of 1935.
I t appears that the only ground pre sented in support of the Petition which was not disposed of in our Findings and Opinion of September 15, 1941 relates to the denial of Petitioners motion for the making and filing of a report by the Trial Examiner. Our Findings and Opinion omitted discussion on this point because it was not raised in Petitioners Brief or in oral argument when we con sider the issues raised by the applica tion. However, the denial of the motion furnishes no basis for a rehearing as Petitioners own application and our original Notice of and Order for Hear ing thereon framed the issues involved and gave Petitioner adequate notice thereof. Moreover, pursuant to the Commissions Order, the Requested Find ings of Fact and Brief of Counsel to the Public Utilities Division were filed and submitted to Petitioner thirty days and fifteen days, respectively, in advance of the filing of Petitioners Requested Find ings of Fact and Brief. Nor does the Petitioner point out any respect in which the Original Notice of and Order for Hearing, and the Requested Findings of Fact and Brief of Counsel to the Public Utilities Division, failed to apprise them of the issues, nor any respect in which they were surprised as to the conception of those issues revealed in our Findings and Opinion. The Petitioner also stresses an alleged requirement of due process that a report be made by the individual who presided over the taking of the testi mony. Without conceding that any such requirement exists, even in a case where there are issues as to the credibility of
witnesses, it should be pointed out that no such issues arose in this case, and that our own Findings and Opinion were based upon a careful review of the evi dence, substantially all of which came from witnesses produced by Petitioner or from documents in the files of Petitioner or of affiliated interests. Under the cir cumstances, we saw no reason to grant such a i lotion, which would have resulted only in delaying the proceedings.
The Petition for Rehearing does not set forth any additional grounds not dis posed of by our Findings and Opinion of September 15, 1941, or any matters not previously considered prior to the entry of the Order denying the applica tion, on the basis of which the Commis sion should grant a rehearing.
I t further appears that the date 1903 on Page 17, Line 13 of said Find ings and Opinion of the Commission is erroneous and should read 1929 .
I t is therefore ordered, That the date 1903 on Page 17, Line 13, of the Find ings and Opinion of the Commission, be stricken out and the date 1929 be sub stituted therefor;
I t is further ordered, That said Peti tion for Rehearing, be, and the same hereby is, denied.
By the Commission.
seal F ra n c is P. B rassor , Secretary.
F. R. Doc. 41-7532; Filed, October 8, 1941;
11:35 a. m.

File Nos. 54-33 and 59-25
I n t h e M atter o f T h e U n it e d C o r po r atio n ORDER PO STPO NING DATE OF HEARING

A t a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 7th day of October, 1941 A. D.
The Commission having issued, on Au gust 18, 1941, its Order extending the time for the filing of the Respondents answer to September 15, 1941, and post poning the scheduled public hearing to October 15, 1941; and The Respondent having filed, on Sep tember 15, 1941, its answer and motion to dismiss the proceedings instituted under sections 11 b 1 and 11 b 2
of the Act; and the Commission having heard oral argument on said motion on October 2, 1941, taken the matter under advisement, and granted the Respondent until October 11,1941 to file a brief with respect thereto, pending which time it appears appropriate to postpone the scheduled hearing;
I t is ordered, That the public hearing, scheduled for October 15, 1941 be and is hereby postponed to October 21, 1941.
By the Commission.
seal
F ra n c is P . B rassor ,
Secretary.
F. R. Doc. 41-7533; Filed, October 8, 1941;

11:36 a. m.

File No. 812-203
I n t h e M atter o f N a t io n a l P l a n , I ncorporated NO TICE OF AND ORDER FOR HEARING

At a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 7th day of October, A. D. 1941.
An application having been duly filed by the above named applicant under section 6 c of the Investment Company Act of 1940 for an order of temporary exemption to permit the transmittal of financial reports to its stockholders at a date later than that prescribed by Rule N-30D-1 ;
I t is ordered, That a hearing on such matter under the applicable provisions of the Act and Rules and Regulations of.
the Commission be held on October 16, 1941 at 10:00 oclock in the forenoon of that day in the Securities and Exchange Commission Building, 1778 Pennsylvania Avenue Northwest, Washington, D. C.
On such day the hearing room clerk in Room 1102 will advise the interested par ties where such hearing will be held.
I t is further ordered, That Willis E.
Monty, Esquire, or any officer or officers of the Commission designated by it for that purpose, shall preside at such hear ing on such application. The officer so designated to preside at such hearing is hereby authorized to exercise all the powers granted to the Commission under section 41 and 42 b of the Investment Company Act of 1940 and to trial ex aminers under the Commissions Rules of Practice.
Notice of such hearing is hereby given to the above named applicant and to any other person or persons whose participa tion in such proceedings may be in the public interest or for the protection of investors.
By the Commission.
seal F ran c is P. B rassor, Secretary.
F. R. Doc. 41-7534; Filed, October 8, 1941;
11:36 a. m.

File No. 812-116
I n t h e M atter o f S elected I nvestm ents , Inc.
NO TICE OF AND ORDER FOR HEARING

A t a regular session of the Securities and Exchange Commission,, held at its office in the City of Washington, D. C., on the 7th day of October, A. D. 1941.
An application having been filed by the above named applicant under a n d pursuant to the provisions of section 6
d of the Investment Company Act of 1940 for an order of exemption from the provisions of that Act;
I t is ordered, That a hearing on the aforementioned application be held on October 14, 1941, at 9:30 oclock in the forenoon o f that day at the Branch