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FEDERAL REGISTER, Wednesday, March 8, 1939

1158

F E D E R A L R E G IS T E R
P u b lis h e d b y th e D ivisio n o f th e Federal R egister, T h e N a tio n a l Archives, p u rs u a n t to th e au th o rity con tained in th e F ederal R egister Act, approved Juy 26, 1935 49
S tat. L . 500, u n d e r re gu la tio n s prescribed b y th e A d m in istra tive C om m ittee, w ith th e app ro val o f th e President.
T h e A d m in istra tive C om m ittee consists o f th e A rch ivist o r A c tin g Archivist, a n officer o f th e D ep a rtm e n t o f Justice designated b y th e A ttorn e y G en eral, a n d th e P u b lic P rin te r o r A c tin g P u b lic Printer.
T h e d aily issue o f th e F ederal R egister w ill be fu rn ish ed b y m a il to subscribers, free o f postage, fo r $1 p e r m o n th o r $10 p e r year;
sin g le copies 10 cents each; p ay ab le in ad vance. R e m it b y m on ey order p ay able to S u p e rin te n d e n t o f D ocum ents, G overn m en t P rin tin g Office, W as h in g to n , D . C.
C orrespondence con cern ing th e p u b lic a
tio n o f th e F ederal R egister sh o u ld be a d
dressed to th e D irector, D ivisio n o f the F ed e ral R egister, T h e N a tio n a l Archives, W ash in g to n , D. C.

D ock et N o. A 93 0 -9 3

N otice of H earing W ith R espect to P roposal T o A mend T entatively A p
proved M a r k e t i n g A greement, as A mended, and O rder N o . 12, as A mended, R egulating H andling of M il k i n the D ubuque , I ow a , M arket ing A rea
Whereas, under section 8c of Title I of Public, No. 10, 73rd Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act o f 1937, the Secretary of Agriculture, hereinafter called the Secretary, issued an order regulating the handling of milk in the Dubuque, Iowa, marketing area, effective October 1,1936, which order was amended effective March 1, 1937;1 and Whereas, the Secretary tentatively ap proved a marketing agreement regulat ing the handling of milk in the said area on August 17, 1936, amendments to which tentatively approved marketing agreement were tentatively approved on January 23, 1937; and Whereas, the Dubuque Cooperative Dairy Marketing Association has pro posed certain amendments to said order, as amended, and to said tentatively ap proved m a r k e t i n g agreement, as amended; and Whereas, the Secretary has reason to believe that an amendment of said order, as amended, and o f said tentatively ap proved marketing a g r e e m e n t , as amended, will tend to effectuate the de clared policy o f Public Act No. 10, 73rd Congress, as amended and as reenacted and amended by the Agricultural M ar keting Agreement Act of 1937; and Whereas, under the aforesaid act no tice of hearing is required in connection 11 F . R . 1378; 2 F . R . 354 423 D I .

with a proposal to amend an order or a marketing agreement, and the General Regulations, Series A, No. 1, as amended,2
of the Agricultural Adjustment Adminis tration, United States Department of Aggriculture, provide fo r notice and oppor tunity for hearing upon amendments to marketing agreements and orders;
Now, therefore, pursuant to said act and general regulations, notice is hereby given of a hearing to be held on said proposals to amend Order No. 12, as amended, and the tentatively approved marketing agreement, as amended, regu lating the handling of milk in the Du buque, Iowa, marketing area, in the Court Room, Federal Building, Dubuque, Iowa, 10:00 a. m., c. s. t., March 13, 1939.
This public hearing is for the purpose of receiving evidence as to the necessity for 1 redefining the marketing area, 2 revising the classification of milk, 3
clarifying the method of computation of the value of milk of each handler, 4
establishing a producers equalization pool, 5 revising the minimum price of Class H I milk, 6 making changes in the wording of said tentatively approved marketing agreement, as amended, and said order, as amended, for the purpose of affording more effective administra tion thereof, and 7 changing any other provisions of said marketing agreement, as amended, and said order, as amended.
Copies of the proposed amendments to the said order, as amended, and the said tentatively approved marketing agree ment, as amended, may be obtained from the Hearing Clerk, Office of the Solicitor, Room 0316, South Building, United States Department of Agriculture, Wash ington, D. C., and said proposed amend ments may be inspected in said Room 0316, South Building.
seal
H. A. W allace, Secretary of Agriculture.
Dated, March 7, 1939.
F . R . D oc. 39-761; Filed, M a rc h 12:34 p. m .

7, 1939;

SECURITIES AND EXCHANGE COM
MISSION.
United States of America Before the Securities and Exchange Commission A t a regular session of the Securities and Exchange Commission held at its office in the City of Washington, D. C., on the 3rd day of March 1939.
In
the
M atter
of
Charles C. P h illips ,
198 B roadway , N e w Y ork, N e w Y ork ORDER FOR PROCEEDINGS AND NOTICE OF
HEARING ON THE QUESTION OF REVOCATION
AND/OR SUSPENSION OF REGISTRATION

The Commission having reasonable grounds to believe that Charles C. Phil lips, a sole proprietorship, registered as a broker and dealer under Section 15 of l F. R . 155.

the Securities Exchange Act o f 1934, as amended, hereinafter referred to as the registrant, in the application for regis tration as a broker or dealer filed with the Commission on October 15, 1938, has willfully made a statement which was at the time and in the light of the circum stances under which it was made false or misleading with respect to a material fact, in that registrant stated that its principal office was located at 198 Broad way, New York City, when in fact regis trant had no office at said address, but one Baumgardt maintains a mail service room at said address and for a fee from registrant receives registrants mail in order that registrant may create a false appearance of having an office at 198
Broadway, New York City, such mail be ing retained in said office and delivered to registrant at such times as registrant may call personally for same; and The Commission having further reas onable grounds to believe that the facts set out in the preceding paragraph con stitute a willful violation by registrant of Section 32 a of the Securities Ex change Act of 1934, as amended; and The Commission having further rea sonable grounds to believe that the regis trant has willfully violated the provisions of Rule X-15B-2 in failing to report on December 1, 1938 the removal of the residence of the sole proprietor of regis trant from the address reported under Item 7 a of said application for regis tration, as 313 West 90th Street, New York City, a change which rendered no longer accurate information contained in said application, filed on Form 3-M;
and The Commission having further rea sonable grounds to believe that it is in the public interest to revoke or suspend said registration; and The Commission being of the opinion that it is necessary and appropriate in the public interest and for the protection of investors that proceedings be insti tuted for the purposes below provided;
I t is ordered, That proceedings be held to determine whether the registration of Charles C. Phillips should be revoked or suspended pursuant to the provisions o f Section 15 b of the Securities Exchange Act of 1934, as amended I t is further ordered, That a hearing for the purpose of taking evidence be held at 10 a. m., April 1, 1939, at the New York Regional Office, Securities and Exchange Commission, 120 Broadway, New York, New York, and that the said hearing be continued at such other time or place as the Commission or the officer conducting such hearing may determine;
that i o f the purpose of said hearing Ad rian C. Humphreys be and he is hereby designated as the officer of the Commis sion to a d m in is t e r oaths and affirma tions, subpoena witnesses and compel their attendance, take evidence, require the production of books, papers, corre spondence, memoranda, and any and all other records deemed relevant or ma-