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FEDERAL REGISTER, Thursday, November 2, 1939

FEDERAREfilSTER

TITLE 16COMMERCIAL PRACTICES H. March, Ewin L. Davis, William A.
Ayres.
FEDERAL TRADE COMMISSION
Docket No. 3212

In Published by th e Division of th e Federal Register, The N ational Archives, p u rsu an t to th e authority contained in th e Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by th e Administrative Committee, w ith th e approval of th e President.
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Correspondence concerning th e publica tion of th e F ederal R egister should be ad dressed to th e Director, Division ofx th e Federal Register, The N ational Archives, W ashington, D. C.

Rules, Regulations, Orders TITLE 7AGRICULTURE
AGRICULTURAL ADJUSTMENT
ADMINISTRATION
P art 727F lue -C ured T obacco NATIONAL MARKETING QUOTA, MARKETING
YEAR BEGINNING JU L Y 1, 1 9 4 0

the
M atter
of
J . R ose & C ompany
3.99 b Using or selling lottery de vicesIn merchandising. Selling, etc., in connection with offer, etc., in com merce, of candy or any other merchan-
dise, candy or other merchandise so packed and assembled that sales of said candy or other merchandise to the gen eral public are to be, or may be, made by means of a lottery, gaming device or gift enterprise, prohibited. Sec. 5, 38
Stat. 719, as amended by Sec. 3, 52 Stat.
112; 15 U.S.C., Supp. IV, sec. 45b Cease and desist order, J. Rose & Company, Docket 3212, October 24, 1939
3.99 b Using or selling lottery de vices In merchandising. Supplying, etc., in connection with offer, etc., in commerce, of candy or any other mer chandise, others with packages or assort ments of candy or other merchandise, together with punch boards, push or pull cards or any other lottery device, which punch board, push or pull card or other lottery device is to be, or may be, used, in selling or distributing said candy or other merchandise to the public, pro hibited. Sec. 5, 38 Stat. 719, as amend ed by Sec. 3, 52 Stat. 112; 15 U.S.C., Supp.
IV, sec. 45b Cease and desist order, J.
Rose & Company, Docket 3212, October 24, 1939
3.99 b Using or selling lottery devicesIn merchandising. Supplying, etc., in connection with offer, etc., in commerce, of candy or any other mer chandise, others with any lottery device, either with assortments of candy or other merchandise, or separately, which lottery device is to be, or may be, used in selling or distributing such candy or other merchandise to the public, pro hibited. Sec. 5, 38 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15
U. S. C., Supp. IV, sec. 45b Cease and desist order, J. Rose & Company, Docket 3212, October 24, 1939
3.99 b Using or selling lottery de vicesIn merchandising. Selling, etc., in connection with offer, etc., in com merce, of candy or any other merchan dise, any merchandise by means of a game of chance, gift enterprise, or lot tery scheme, prohibited. Sec. 5, 38
Stat. 719, as amended by Sec, 3, 52 Stat.
112; 15 U.S.C., Supp. IV, sec. 45b Cease and desist order, J. Rose & Com pany, Docket 3212, October 24, 1939

I, M. L. Wilson, Acting Secretary of Agriculture, acting under and pursuant to, and by virtue of, the authority vested in me, by Sec. 312 of the Agricultural Adjustment Act of 1938, as amended, do hereby make the following proclamation:
727.202 Results of referendum. In the referendum of farmers engaged in the production of the 1939 crop of fluecured tobacco, conducted by the Secre tary of Agriculture on the 5th day of October, 1939, to determine whether such farmers were in favor of or op posed to the national marketing quota for the marketing year beginning July 1, 1940, the total number of votes cast was 250,671; and of the total number so cast 225,606 votes, or 90.0 percent, were in favor of, and 25,065 votes, or 10.0 per cent, were opposed to such marketing qqota. Therefore, the national market ing quota for the year beginning July 1, 1940, proclaimed by the Secretary of Ag riculture on the 25th of September 1939/ will continue in effect. Sec. 312, 52 Stat. 46
Done a t Washington, D. C., this 31st United States of AmericaBefore day of October 1939. Witness my hand and the seal of the Department of Agri Federal Trade Commission culture.
At a regular session of the Federal seal M. L. W ilson , Trade Commission, held a t its office in Acting Secretary of Agriculture.
the City of Washington, D. C., on the F. R. Doc. 39-4030; Filed, October 31, 1939;
24th day of October, A. D. 1939.
3:09 p. m.
Commissioners: Robert E. Freer, Chairman; Garland S. Ferguson, Charles 14 F JR. 4045 DI.

In
the M atter of J ack R osenfeld, I n
dividually, and D oing B usiness U nder the T rade N ame and S tyle of J. R ose & C ompany ORDER TO CEASE AND DESIST

This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the an swer of respondent,, testimony and other evidence taken before William C. Reeves and Charles F. Diggs, examiners of the Commission theretofore duly designated by it, in support of the allegations of said complaint respondent having offered no testimony or other evidence in opposition to the allegations of sa id . complaint, brief of counsel for the Commission filed herein respondent having filed no brief and oral argument not having been re quested, and the Commission having made its findings as to the facts and its conclusion that said respondent has vio lated the provisions of the Federal Trade Commission Act;
It is ordered, That the respondent, Jack Rosenfeld; individually and doing business under the trade name and style of J. Rose & Company, or trading under any other name or names, his represent atives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of candy or any other merchandise, in commerce as com merce is. defined in the Federal Trade Commission Act do forthwith cease and desist from:
1. Selling or distributing candy or any other merchandise so packed and as sembled that sales of said candy or other merchandise to the general public are to be made, or may be made by means of a lottery, gaming device or gift enter prise.
2. Supplying to or placing in the hands of others, packages or assortments of candy or other merchandise, together with punch boards, push or pull cards or any other lottery device, which punch board, push or pull card or other lottery device is to be used or may be used in gelling or distributing said candy or other merchandise to the public.
3. Supplying to or placing in the hands of others, any lottery device either with assortments of candy or other mer chandise, or separately, which lottery de vice is to be used or may be used in sell ing or distributing such candy or other merchandise to the public.
4. Selling or otherwise distributing any merchandise by means of a game of chance, gift enterprise, or lottery scheme.
It is further ordered, That the re spondent shall, within sixty 60 days after service upon him of this order, file with the Commission a report in writ ing, setting forth in detail the manner