« ForrigeFortsett »
(c) If any code member fails or neglects to obey any order of the Commission while the same is in effect, the Commission in its discretion may apply to the Circuit Court of Appeals of the United States within any circuit where such code member resides or carries on business, for the enforcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the Commission. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such code member and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, or setting aside the order of the Commission. The findings of the Commission as to facts, if supported by substantial evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper.
The Commission may modify its findings as to the facts or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which if supported by substantial evidence shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari or certification as provided in sections 346 and 347 of Title 28 of the Judicial Code and Judiciary.
(d) The jurisdiction of the Circuit Court of Appeals of the United States to enforce, set aside, or modify orders of the Commission or Labor Board shall be exclusive.
Such proceedings in the Circuit Court of Appeals shall be given precedence over other cases pending therein, and shall be in every way expedited.
Sec. 7. All provisions of the law, including penalties and refunds, relating to the collection and disposition of internal revenue taxes, shall, insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed under this Act.
Sec. 8. (a) The members of the Commission and of the Labor Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investiga tions, said Commission or the said Labor Board shall have full power to issue subpenas and subpenas duces tecum which shall be as nearly as may be in the form of subpenas issued by district courts of the United States. In case any person shall fail or refuse to obey such subpena it shall be the duty of the Commission, or the Labor Board, through its chairman, to make application to the District Court of the United States setting forth the issue and service of such subpena and the refusal of the person to obey the same and requesting such court to compel such person to appear before such court and show lawful cause for such refusal. Upon the filing of such application with the clerk of such court, it shall be the duty of the judge thereof, either in term time or vacation, to forthwith enter an order of record, requiring such person to appear before such court at a time stated in said order within three days from such entry, and show cause why he should not be required to obey such subpena, and upon his failure to show cause it shall be the duty of the court to order such witness to appear before the said Commission or Labor Board and give such testimony or produce such evidence as may be lawfully required by said Commission or Labor Board. The district court, either in term time or vacation, shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court.
(b) In the investigation of any complaint or violation of the code, or of any rule or regulation the observance of which is required under the terms thereof, or the violation of which is made unlawful, the Commission or the Labor Board, as the case may be, shall have power to require such reports from, and shall be given access to inspect the books and records of, code members to the extent deemed necessary for the purpose of determining the complaint.
SEC. 9. Should any producer or producers of bituminous coal not accept and maintain membership under the code set out in section 4 of this title, he or they shall in addition to the tax herein provided and without the privilege of any drawback thereon, be held subject to other Acts of Congress regulating industries and their labor relations or providing for codes of fair competition therein: Provided, That the employees of all producers shall have the right of self-organization and collective bargaining through representatives of their own choosing free from the interference, restraint, or coercion of employers or their agents, all as set forth in section 4, part III (a) and (b), of this title.
Sec. 10. (a) The Commission may require reports from producers and may use such other sources of information available as it deems advisable, and may require producers to maintain a uniform system of accounting of costs, wages, operations, sales, profits, losses, and such other matters as may be required in the administration of this Act. No information obtained from a producer disclosing costs of production or sales realization shall be made public without the consent of the producer from whom the same shall have been obtained, except where such disclosure is warranted by a controversy with the producer over any order of the Commission and except that such information may be compiled in composite form in such manner as shall not be injurious to the interests of any producer and, as so compiled, may be published by the Commission,
(b) Any officer or employee of the Commission or of any district board who shall make public information obtained by the Commission or the district board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding, $500, or by imprisonment not exceeding six months, or by both fine and imprisonment, in the discretion of the court.
(c) If any producer required by this Act or the code to file a report shall fail to do so within the time fixed for filing the same, and such failure shall continue for thirty days after notice of such default, the producer shall forfeit to the United States the sum of $50 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the producer has his principal office or in any district in which he shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeiture.
Sec. 11. State laws regulating the mining of coal not inconsistent herewith are not affected by this Act.
Sec. 12. No certificate of convenience and necessity authorizing the extension of railroad facilities shall be made by the Interstate Commerce Commission for the service of any mine producing bituminous coal for the commercial markets except upon the approval of the National Bituminous Coal Commission.
Sec. 13. Every corporation engaged in mining bituminous coal which ships its coal in interstate commerce either directly or through a subsidiary or an agent, or which uses the mails or other means of communication in interstate commerce to dispose of such coal, shall be subject to, and, as a prerequisite to its right as a corporation to engage in interstate transactions, shall file with the Commission its acceptance of, the provisions of title I of this Act.
Sec. 14. (a) No bituminous coal shall be purchased by the United States, or any department or agency thereof, produced at any mine, where the producer has not complied with the provisions of the code set out in section 4 of this title.
(b) Each contract made by the United States, or any department or agency thereof, with a contractor for any public work, or service, shall contain a provision that the contractor will buy no bituminous coal to use on or in the carrying out of such contract from any producer except such producer be a member of the code set out in section 4 of this title as certified to by the National Bituminous Coal Commission.
Sec. 15. If any provision of this title, or the application thereof to any person or persons, is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances shall not be affected thereby.
OTHER DUTIES OF THE COMMISSION
Sec. 16. The Commission shall study and investigate the matter of increasing the uses of bituminous coal and the problems of its importation and exportation; and shall further investigate
(1) The economic operations of mines with the view to the conservation of the national coal resources.
(2) The safe operation of mines for the purpose of minimizing working hazards, and for such purpose shall be authorized to employ the services of the Bureau of Mines,
(3) The rehabilitation of mine workers displaced from employment, and the relief of mine workers partially employed. The Commission's findings and recommendations shall be transmitted to the proper agency of the Government for relief, rehabilitation, and subsistence homesteads.
(4) The problem of marketing to lower distributing costs for the benefit of consumers.
(5) The Commission shall, as soon as reasonably possible after its appointment, investigate the necessity for the control of production of bituminous coal and methods of such control, including allotment of output to districts, and producers within such districts, and shall hold hearings thereon, and shall report its conclusions and recommendations to the Secretary of the Interior for transmission by him to Congress not later than January 6, 1936.
Sec. 17. Upon substantial complaint that bituminous-coal prices are excessive, and oppressive of consumers, or that any district board, or producers' marketing agency, is operating against the public interest, or in violation of this title, the Commission may hear such complaint, or appoint a committee to investigate the same, and its findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct such abuses.
Sec. 18. To safeguard the interests of those concerned in the mining, transportation, selling, and consumption of coal, the Commission is hereby vested with authority to make complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs and practices relating to the transportation of coal, and to prosecute the same. Before proceeding to hear and dispose of any complaint filed by another than the Commission, involving the transportation of coal, the Interstate Commerce Commission shall cause the Commission to be notified of the proceeding and, upon application of the Commission, shall permit the Commission to appear and be heard. The Interstate Commerce Commission is authorized to avail itself of the cooperation, services, records and facilities of the Commission.
Sec. 19. The term “bituminous coal" as used in this Act shall include all bituminous, semibituminous, and subbituminous coal and lignite. The term "producer” shall include all persons, firms, associations, corporations, trustees, and receivers engaged in mining bituminous coal. The term “captive coal” shall include all coal produced at a mine for consumption by the producer or by a subsidiary or affiliate thereof, or for use in the production of coke or other forms of manufactured fuel by such producer or subsidiary or affiliate.
Sec. 20. Section 3 of this title shall become effective on the 1st day of the third calendar month after the enactment of this Act, unless the Commission shall not at that time have formulated the code and forms of acceptance for membership therein, in which event section 3 of this title shall become effective from and after the date when the Commission shall have formulated the code and such forms for acceptance, which date shall be promulgated by Executive order of the President of the United States. All other sections of this title shall become effective on the day of the approval of this Act.
Sec. 21. This title shall cease to be in effect and any agencies established thereunder shall cease to exist on and after four years from the date of the approval of this Act.
Sec. 22. There is hereby authorized to be appropriated from time to time such sums as may be necessary for the administration of this Act.
TITLE II—THE BITUMINOUS COAL RESERVE Section 1. For the purpose of conserving the Nation's bituminous coal resources; to promote the economical production of coal; to prevent and eliminate the evil of excessive and wasteful production; to assure future supplies of coal in time of peace and war, and to promote the future interstate and foreign commerce of the United States, there is hereby created a National Bituminous Coal Reserve.
Sec. 2. Upon approval of the National Bituminous Coal Commission, the Secretary of the Interior is authorized to purchase, or acquire by condemnation proceedings, in the several States, coal mines, coal properties, coal lands, mining rights, leaseholds, royalties, and any interest in coal and lands containing bituminous coal deposits suitable for mining, such acquisitions to be held and administered under the authority of the Secretary of the Interior, as other public lands are held and administered, subject, however, to the provisions of this Act. If said acquisitions are acquired by condemnation the owners of such property so acquired shall be entitled to just compensation according to law.
Sec. 3. Any owner desiring to sell properties to the United States Government for the Coal Reserve, as provided in section 2 hereof, shall submit to the Commission his offer to sell, in writing, together with abstracts of title, surveys, maps, and such other information respecting such properties and in such form as the Commission may, under its rules and regulations, require: Provided, That where such owner is engaged in mining bituminous coal, his offer shall be considered only if such owner has fully complied with the provisions of title I of this Act while the same is in force and effect.
Sec. 4. It shall be the duty of the National Bituminous Coal Commission to advise the Secretary of the Interior as to the propriety of the acquisition of properties, by purchase or condemnation, for the National Coal Reserve. The said Commission shall consider the advisability of each acquisition from the viewpoint of (a) conservation; (b) its effect upon the employment of labor; (c) the cost of coal to the consumer; (d) the promotion of fair competitive relations in and between coal-producing districts created hereunder; (e) elimination of overcapacity for coal production in the industry.
In recommending acquisitions of properties in the various producing districts the Commission shall also give consideration to the ratio that the taxes collected in each coal district bears to the entire tax collected, as hereinafter provided, to the end that the moneys expended for acquisitions in each district shall bear some reasonable relation to the taxes collected in each district.
The Secretary of the Interior, upon the approval of the Commission, is authorized to purchase or acquire by condemnation the properties so recommended by the Commission. He shall determine the price to be paid for such properties and shall do all things necessary and advisable to acquire properties purchased by good and marketable title.
The Secretary of the Interior and the said Commission, respectively, shall employ such technical advisers, engineers, clerks, agents, and so forth, as each may deem necessary and advisable to enable them to perform their respective duties under this title, and all such employees shall be paid from the taxes to be collected hereunder as part of the administration expenses of this title, as hereinafter provided.
Sec. 5. No lands within the National Bituminous Coal Reserve shall be mined, sold, or leased for mining except upon the order of the National Bituminous Coal Commission after hearing and a finding that such mining, sale, or lease for mining is in the public interest: Provided, however, That in time of war the President of the United States may direct the operation or lease of mines within said Reserve.
Sec. 6. All public lands now owned by the United States carrying bituminous coal deposits available for commercial mining shall be included within such National Bituminous Coal Reserve: Provided, That nothing herein contained shall be construed as affecting the laws of the United States regulating the mining of other minerals than coal on public lands.
Sec. 7. Existing and future rights-of-way across such lands for highways, railways, electric, telephone, and telegraph lines, or pipe lines, shall be subject to the rules and regulations prescribed by the Secretary of the Interior.
Sec. 8. For the purposes of this title there is hereby appropriated the sum of $300,000,000. To provide said sum there is hereby authorized to be issued by the Secretary of the Treasury of the United States $300,000,000, par value 242 per centum fifty-year tax-exempt United States Government bonds, redeemable at par at any interest date. Said bonds shall be disposed of as follows:
The purchase price of all properties acquired by voluntary sale shall be paid in said bonds which shall be accepted at their face value. A sufficient amount of said bonds shall from time to time be sold at the best market price obtainable therefor to provide funds for the payment in lawful money of the United States for all properties and rights acquired by condemnation in accordance with the provisions of this title.
SEC. 9. To provide funds for the administration of the National Coal Reserve, the relocation and rehabilitation of miners who have lost employment by reason of the withdrawal of coal lands from mining operations by purchase or condemnation, as provided under this title, and for the creation of a sinking fund to provide for the payment of interest on the retirement of the bonds issued hereunder, there is hereby levied a tax on each ton of bituminous coal produced in the United States and sold or otherwise utilized of the following cents per ton for the calendar years specified, namely:
For the year 1936, 4 cents per ton; for the year 1937, 7.3 cents per ton; for the year 1938, 8.7 cents per ton; for the year 1939, 6.9 cents per ton; and for the year 1940 and each year thereafter, until the bonds issued hereunder together with interest thereon shall have been paid, or until sufficient moneys have accumulated in the sinking fund hereinafter provided to pay the same, a tax of 3.21 cents per
ton. These taxes shall be collected as other Federal taxes are collected and in accordance with such regulations as shall be prescribed by law and by the Commissioner of Internal Revenue. The taxes collected for the years 1936 to 1939, inclusive, shall be segregated and used for the following purposes:
(a) For the administration cost of acquisition of properties for the National Coal Reserve during said years.
(b) For payment of interest due and payable in said years on bonds issued hereunder.
(c) For payment into a fund to be created and administered under the direction of the President of the United States and to be known as the “Miners' rehabilitation fund", providing for the rehabilitation and relocation of bituminous mine workers who have lost employment by reason of the withdrawal of coal properties from mining operations as provided under the provisions of this Act.
The amount of money to be paid into said rehabilitation fund from time to time shall be equal to 25 per centum of the face amount of the bonds issued hereunder.
The balance of any moneys remaining from the taxes collected in said years and after the provisions of (a), (b), and (c) above have been satisfied, shall be paid into a sinking fund for the retirement of bonds issued hereunder.
All the proceeds of the tax collected for the year 1940, and each year thereafter, shall be used
(a) For the payments of administrative costs of acquisition of properties for the National Coal Reserve during the years 1940 and each year thereafter.
(b) For payment into a sinking fund to pay the interest on and for the retirement of bonds issued hereunder.
Sec. 10. All proceeds derived from the sale of any Coal Reserve properties, and royalties from leases and mining rights granted therein, and from sales of timber thereon, or any other revenues whatsoever derived from such lands, shall be paid into the sinking fund for the payment of interest on and retirement of said bonds.
Sec. 11. Upon the termination of the existence of the National Bituminous Coal Commission provided for in this Act, all the power, duties, and authority of the said Commission with respect to title II of this Act shall be transferred to and exercised by a board of three members to be appointed by the President of the United States, by and with the advice and consent of the Senate, to be known as the “National Bituminous Coal Reserve Board." Each of the members of said Board shall receive a salary of $12,000 per annum and necessary traveling expenses. The terms of the members of said Board shall be for a period of five years and until their successors are appointed.
Sec. 12. Title II of this Act shall go into effect from and after its approval by the President.
Sec.13. This Act may be cited as the “Bituminous Coal Conservation Act of 1935."
ANNEX TO ACT_SCHEDULE OF DISTRICTS
DISTRICT 1. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga.
Armstrong County, including mines served by the P. & S. R. R. on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad.
Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.
Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive.
Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east.
All coal-producing counties in the State of Maryland.
District 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington.
Armstrong County, west of the Allegheny Řiver and exclusive of mines served by the P. & S. R. R.