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FEDERAL REGISTER, Friday, March 17, 1939
United States of America Before Federal Trade Commission
1243

the respondents will increase cooking ca Commissioners:
Robert E. Freer, pacity unless and until such tops are so Chairman; Garland S. Ferguson, Charles At a regular session of the Federal constructed and designed as to materially H. March, Ewin L. Davis, William A.
Ayres.
Trade Commission, held at its office in increase cooking capacity.
the City of Washington, D. C., on the 1st I t is further ordered, That the respon I n t h e M atter o f J o h n M i l t o n B reg
day of March, A. D. 1939.
dents shall, within sixty 60 days after s t o n e , I n d i v i d u a l l y , a n d T r a d in g as Commissioners:
Robert E. Freer, service upon them of this order, file with J. M. B r e g s t o n e & C o m p a n y Chairman; Garland S. Ferguson, Charles the Commission a report in writing, set ORDER TO CEASE AND DESIST
H. March, Ewin L. Davis, William A. ting forth in detail the manner and form in which they have complied with this Ayres.
This proceeding having been heard1
order.
% by the Federal Trade Commission upon I n t h e M atter o f W i l l i a m H. P earce and By the Commission.
the complaint of the Commission re C o m p a n y , a P a r t n e r s h ip , W i l l i a m H.
seal O t is B. J o h n s o n , spondent having filed no answer, testi P earce , P h i l i p S. S h a s s i o n a n d E . E.
mony and other evidence taken before Secretary.
B razelton William C. Reeves, an examiner of the P. R. Doc. 39-875; Piled, March 16, 1939;
ORDER TO CEASE AND DESIST
Commission theretofore duly designated 10:24 a. m.
This proceeding having been heard1
by it, in support of the allegations of by the Federal Trade Commission upon said complaint and in opposition there the complaint of the Commission, the to, brief filed by attorney for the Com Docket No. 3326
answer of the respondents, testimony mission respondent having filed no and other evidence taken before John brief nor requested oral orgument, and I n t h e M a tter o f J. M . B r e g s t o n e &
W. Addison, an examiner of the Com the Commission having made its find C om pany ings as to the facts and its conclusion mission theretofore duly designated by it, in support of the allegations of said S e c . 3.99 b Using or selling lottery that said respondent has violated the complaint and in opposition thereto, devices In merchandising. Supplying, provisions of the Federal Trade Com briefs filed herein and oral arguments etc., in connection with offer, etc., in mission Act;
by Floyd O. Collins, counsel for the Com commerce, of radios, cocktail sets, toys, I t is ordered, That the respondent, mission, and by Joseph G. Denny, Jr., or any other merchandise, others with John Milton Bregstone, individually, and counsel for the respondents, and the push or pull cards, punchboards or trading as J. M. Bregstone & Company, Commission having made its findings as other lottery device, to enable persons or trading under any other name, his to the facts and its conclusion that said supplied to dispose of or sell any mer representatives, agents and employees, respondents, William H. Pearce and chandise by use thereof, prohibited. directly or through any corporate or Philip S. Shassian, individually and as Sec. 5, 38 Stat. 719, as amended by Sec. other device, in connection with the copartners trading as William H. Pearce 3, 52 Stat. 112; 15 U. S. C.; Supp. IV, offering for sale, sale and distribution of and Company, have violated the provi sec. 45b Cease and desist order, J. M. radios, cocktail sets, toys, or any other sions of the Federal Trade Commission Bregstone & Company, Docket 3326, Feb merchandise in commerce as commerce Act;
ruary 28, 1939
is defined in the Federal Trade Commis S e c . 3.99 b Using or selling lottery sion Act, do forthwith cease and desist I t is ordered, That the respondents, William H. Pearce and Philip S. Shas devices In merchandising. Mailing, etc., from:
sian, individually and as copartners trad in connection with offer, etc., in com 1 Supplying to or placing in the ing as William H. Pearce and Company, merce, of radios, cocktail sets, toys, or hands of others push or pull cards, or under any other name or names, their any other merchandise, to respondents punchboards or other lottery device, for representatives, agents and employees, agents or distributors or members of the the purpose of enabling such persons to directly or through any corporate or public, push or pull cards, punchboards dispose of or sell any merchandise by the other device, in connection with the o f or other lottery devices so prepared or use. thereof;
printed as to enable said persons to sell fering for sale, sale and distribution of 2 Mailing, shipping or transporting tops to replace open grates on gas ranges or distribute any merchandise by use in commerce as commerce is defined in thereof, prohibited. Sec. 5, 38 Stat. 719. to his agents or to distributors or mem the Federal Trade Commission Act, do as amended by Sec. 3, 52 Stat. 112; 15 bers of the public push or pull cards, forthwith cease and desist from repre U. S. C., Supp. IV, sec. 45b Cease and punchboards or other lottery devices so desist order, J. M. Bregstone & Company, prepared or printed as to enable said senting:
persons to sell or distribute any mer Docket 3326, February 28, 1939
1 That their tops for gas ranges or S e c . 3.99 b Using or selling lottery chandise by the use thereof ;
any other article of similar construction devices-In merchandising. Selling, etc., 3 Selling or otherwise disposing of or design are properly ventilated unless in connection with offer, etc., in com any merchandise by the use of push or and until said tops are so ventilated as merce, of radios, cocktail sets, toys, or pull cards, punchboards or other lottery to insure proper combustion when used any other merchandise, any merchandise devices.
with one or more burners and so con by use of push or pull cards, punchI t is further ordered, That the respond structed and designed that they will not boards or other lottery devices, prohibited.
ent shall, within sixty 60 days after emit carbon monoxide gas;
Sec. 5, 38 Stat. 719, as amended by 2 That the use of the tops for gas Sec. 3, 52 Stat. 112; 15 U. S. C., Supp. IV, service upon him of this order, file with ranges which are sold and distributed sec. 45b Cease and desist order, J. M. the Commission a report in writing, set by the respondent will materially reduce Bregstone & Company, Docket 3326, ting forth in detail the manner and form in which he has complied with this order.
gas bills or gas consumption unless and February 28, 1939
By the Commission.
until such tops are so constructed and designed as to materially reduce the con United States of America Before seal O t is B. J o h n s o n , sumption of the gas;
Federal Trade Commission Secretary.
3 That the use of the tops for gas A t a regular session of the Federal F. R. Doc. 39-876; Filed, March 16, 1939;
ranges which are sold and distributed by 10:25 a. m .
Trade Commission, held at its office in the City of Washington, D. C., on the 2 F. R. 1290 1542 D I .
28th day o f February, A. D. 1939.
13 F. R. 991 DI.