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FEDERAL REGISTER, Friday , June 2, 1939

FEDERAIMREGISTEB
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Published by the Division, of the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, with the approval of the President.
The Administrative Committee consists of the Archivist or Acting Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The daily issue of the F ederal R egister will be furnished by mail to subscribers, free of postage, for $1 per month or $10 per year;
single copies 10 cents each; payable in ad vance. Remit by money order payable to Superintendent of Documents, Government Printing Office, Washington, D. C.
Correspondence concerning th e publica tion of the F ederal R egister should b e ad dressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C.

CONTENTSContinued T it l e 47 T elecom m unication :

Federal Communications com mission:
. Experimental services, rules and regulations govern ing __________________
NOTICES
Department of Agriculture:
Agricultural Adjustment Ad ministration:
Base period to be used for naarketing agreement and " o rd e r regulating handling of tomatoes grown in Mississippi______ ___ _
Interstate Commerce Commission:
Investigation to determine the extent and area of the mu nicipality of Cincinnati, Ohio, etc-------------------
Securities and Exchange Commis sion:
Notice of and orders for hear ings:
Continental Gas & Electric S C o r p _____________ ___
JKst Tennessee Light & Power /
C o ___________________ <-New York State Electric &
Gas Corp____________
JPdrtland General Electric Co., extension of maturity of notes exempted_________
Public JJtility Engineering and iSérvice Corp:

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2250
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2250

>5ividends, declaration a n d
_payment of___________ 2249
-Operation as mutual service company_____________ 2249
. Performance as subsidiary service company_______ 2249

Whereas under the provisions of Pub 2 That the regulation of shipments lic Act No. 10, 73d Congress May 12, of such tomatoes by grades or sizes, 1933, as amended and as reenacted and as prescribed herein, will serve to pre amended by the Agricultural Marketing vent marked fluctuations in prices to Agreement Act of 1937 hereinafter re the producers thereof, and will establish ferred to as the act , it is provided that and maintain a more stabilized market the Secretary of Agriculture of the United for such tomatoes, tending to establish States hereinafter referred to as the prices to the producers thereof at a level Secretary shall, subject to the provi that will give such tomatoes a purchas sions of the act, issue orders regulating ing power with respect to articles that such handling of certain agricultural the producers thereof buy equivalent to commodities as is in the current of inter the purchasing power of such tomatoes state or foreign commerce, or which di during the base period;
rectly burdens, obstructs, or affects inter 3 That this order is limited in its state or foreign commerce in such com application to the smallest regional pro modities; and duction area and to the smallest regional Whereas the Secretary, having reason marketing area that is practicable, con to believe that the issuance of an order sistently with carrying out the declared would tend to effectuate the declared policy of the act, and that the issuance policy of the act with respect to the of several orders applicable to any sub establishment and maintenance of such division of such regional production or orderly marketing conditions for toma marketing areas would not effectively toes grown in the State of Mississippi as carry out the declared policy of the act;
would establish prices to the producers 4 That the pro rata contribution of of such tomatoes at a level that would handlers to the expenses of the adminis give such tomatoes a purchasing power trative agency herein established, based with respect to articles that the pro upon the quantity of tomatoes shipped, ducers thereof buy equivalent to the as provided in this order, is fair and purchasing power of such tomatoes dur equitable; and ing the base period August 1919-July 5 That this order and all the terms 1929, conducted a public hearing at and conditions thereof will tend to ef Crystal Springs, Mississippi, on April 6, fectuate the. declared policy of the act 1939, pursuant to due notice given to all with respect to tomatoes grown in the interested parties on March 23, 1939,1 State of Mississippi by establishing and on a proposed order regulating such maintaining such orderly marketing con handling of such tomatoes as is in the ditions therefor as will establish prices current of interstate commerce or com to the producers thereof at a level that merce to Canada, or which directly bur will give such tomatoes a purchasing dens, obstructs, or affects such commerce power with respect to articles that the in such tomatoes, at which hearing all producers thereof buy equivalent to the interested persons in attendance were purchasing power of such tomatoes in afforded due opportunity to be heard the base period, and by protecting the concerning the proposed order; and interest of the consumer by a ap Whereas the Secretary has found and proaching the level of prices which it is proclaimed2 that the purchasing power declared in the act to be the policy of of tomatoes grown in the State of Mis Congress to establish by a gradual cor sissippi during the period August 1909- rection of the current level of prices at"
July 1914 cannot be satisfactorily deter as rapid a rate as the Secretary deems mined from available statistics of the to be in the public interest and feasible Department of Agriculture, but that the in view of the current consumptive de purchasing power of such tomatoes can mand in domestic and foreign markets, be satisfactorily determined from avail and by b authorizing no action which able statistics of the Department of has for its purpose the maintenance of Agriculture for the period August 1919- prices to the producers of such tomatoes July 1929, and that the period August above the level which it is declared in 1919-July 1929 is the base period to be the act to be the policy of Congress to used in connection with this order in establish; and determining the purchasing power of Whereas the Secretary finds:
such tomatoes; and 1
That a marketing agreement reg Whereas the Secretary finds upon the basis of the evidence introduced at the ulating the handling of tomatoes grown in the State of Mississippi, executed on hearing and the record thereof:
the 31st day of May 1939, upon which a 1
That at the time of the hearinghearing was held on April 6, 1939, was the prices received by the producers of signed by handlers excluding coopera such tomatoes were at a level that gave tive associations of producers who were such tomatoes a purchasing power with notengaged in processing, distributing, or respect to articles that the producers shipping tomatoes covered by this order thereof buy appreciably below the pur chasing power of such tomatoes during who, during the 1938 season, handled not less than fifty 50 percent of the volume the base period;
of tomatoes covered by this order which were marketed during the same season in 14 FJt. 1320 DI.
2See p. 2248.
the current of interstate or foreign com-