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By J. W. Thompson

A mining company for a period of 12 years bad been selling its ore to a certain smelting company for the purpose of obtaining a continuous and steady market for its ore and for the purpose on the part of the smelting company of obtaining a continuous and steady supply of ore for smelting; an agreement was entered into by which the mining company agreed to eell and the smelting company agreed to purcshase at ruling prices all the ore produced by the mining company of certain' stated grades, and to this end the mining company agreed to actively operate its mines. It is no longer the rule that a suit will not lie for the specific performance of a contract relating to personal property ; but the question for determination in such a case is whether the complainant has a plain, speedy and adequate and complete remedy at law, and if he has no such remedy, specific performance will be granted. In an action by a smelting company for the specific performance of a contract of sale it appeared that the ore produced by the mining company bad a peculiar value for smelt. i.ng purposes and was not readily obtainable elsewhere, and it would be practically impossible to measure the value for determining the loss the complainant would sustain· if the smelting company were not ,able ,to obtain the ore under the contract. It is comparatively simple for a court of equity to enforce the agreement as it pertains to the normal product of the mine and there is no plausible reason why a court may not require a performance on the part of the mining company where the mining company obligated it:Belf to operate all its mines. There is no delicate or complex condition involved in the production or delivery of the ore 'or in obtaining_ the stipulated prices agreed upon, and there is nothing apparent that will necessitate supervisory· control in requiring performance on the part of the mining company. A decree for specific perfoi:m,ance would require no supervision by the court either for the operation of the mines or for ascertaining and fixing the prices the mining company is to receive for its ore.

Jan 1, 1919

By J. W. Thompson

MEANING OF TERM, The term "minerals" when used in grants or in reservations or instruments of conveyance is not limited to metals or metalliferous deposits, whether contained in veins that have well-defined walls or in beds or deposits that are irregular and are found at or near the surface or otherwise. Byron v. Utah Copper Co., Utah, 178 Pacific 53, p. 58. The term "mineral" in its commercial sense has been defined as any organic substance found in nature having sufficient value sepa- rate from its situs as part of the earth to be mined, quarried, or dug for its own sake or its own specific use. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., - W. Va., 97 South- eastern 684, p. 685. CONSTRUCTION AND MEANING. It can not be said that the term "minerals" includes only such substances as are procured by tunnelling and shafting, as much gold is procured by placer mining and rich deposits of manganese and other like ores are found upon the surface of the earth and are some- times obtained without either quarrying or mining. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., W. Va. ——, 97 South- eastern 684, p. 685. GRANITE AS MINERAL. It has been determined that granite was included in a grant of minerals. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., -W. Va., 97 South eastern 684, p. 685. See Armstrong v. Lake Champlain Granite Co., 147 N. Y. 495, 42 Northeastern 186.

Jan 1, 1919

By J. W. Thompson

ESTATE IN MINERALS. Minerals beneath the surface may be made the subject of separate ownership either by a grant of the minerals by the owner of the land or by a grant of the land excepting the minerals, and thereby an estate in fee simple is created in the minerals, as corporeal things real. Colby, In re, Iowa, 169 Northwestern 443, p. 444. DEEDS EXCHANGING DIFFERENT MINERALS-RIGHTS OF PARTIES. The lands of two adjoining owners were underlaid with cement rock and clay at a depth of about 100 feet from the surface and with coal veins some 600 feet below the surface. By an exchange of deeds one of the land owners conveyed to the other the cement rock and clay with the right to mine and remove the same without entering upon the surface, but the deed contained no covenant not to injure the surface. The other deed conveyed the coal seam and so much of the rock and other minerals just above and below the coal as might be required in connection with the mining and removing of the coal, together with the right to mine and remove the same, and the adja- cent rock, clay, and other minerals, without entering upon or injuring the surface, with one immaterial exception. The deeds do not define the word "surface" and neither expressly nor by implication did they secure to the coal owner the right to subside the overlying cement rock; but the implication is to the contrary, as the deed gives the right to mine and remove coal without entering upon or injuring the surface. The provision that the coal owner should not enter upon or injure the surface amounts to a clause that the coal mine. shall not be worked so as to let down the surface and this does not create any inconsistency with the provision giving the right to mine and carry away the coal.

Jan 1, 1919

By W. P. DYKEMA

This report gins the results of a study conducted hy the Ilnreau of Mines for the purpose of informing the petroleum industry on the recent progress in the de,·elopment nncl application of the absorption process for recO\·ering gasoline from natural gas. The work has been undertaken entirely with regard to plant practice and for the purpose of describing the features and the operation of units of the plants now in use, the improvements that have been made, and the reasons for any ehanges eontemplated by the engineers in eharge· of the plants studied. Throughout the United States the impro,·ements in the absorption process that are under consideration by engineers not only widen practice so as to include gases at all pressures and percentages of gasoline content, but seem to be dewloping definite standards as to dimensions of towers, l"elocities of flow, saturation of oi~ areas of eooling surfaces, and quantities of menstruum to be circulated. Although perfect practice has by no means been attained, the writer belie,·es thnt a description of the current practice at ,·arious plants, including those ob,'iously more efficient features that each plant hns <le\"eloped and uses at one or another stage of treatment, will intere;; t and possibly help all persons operating or designing absorption plants.

Jan 1, 1919

By Carl H. Beal

The oil industry in the United States is further advanced than in any other country, because of American initiative and the development of industries dependent in some way on petroleum or its products. For this reason the output has constantly increased (fig. 1), and as a result this country has produced more than half of the total output of the world. Trw total past output of the world is approximately 7,000,000,000 barrels of 42 gallons each; of this the United States produced about 4,000,000,000 barrels, or about 57 per cent. The limit of production in this country is being approached, however, and although new fields undoubtedly await discovery, the yearly outpnt must inevitably decline, because the maintenance of a given output each year necessitates the drilling of an increasing number of wells. Such an increase becomes impossible after a certain point is reached, not only because of a lack of acreage to be drilled, but because of the great number of wells that will ultimately have to be drilled. According to figure 1, the daily production per well each year has increased during the last few years. However, this increase is abnormal, being caused by the new pools brought in. Although such a condition may continue for several years, the average production per well will finally begin to decrease on account of the lack of new pools to make up for the normal decline in production of the old ones.

Jan 1, 1919

Thomas H. Beddall, so we are informed by Major J. B. Carlock, has been promoted and is now Adjutant of the 1st Battalion, 1st Gas Regi¬ ment. He was awarded, last summer, the Croix de Guerre. R. A. Bull. See letter in Proceedings of Milwaukee Meeting. Captain Stanley C. Bullock&apos;s record since entering the service is given as follows in a letter recently received from Mrs. Bullock: Resigned position of mine manager in Chile in November, 1915, to return to England to obtain commission in Royal Engineers. Joined Officers&apos; Training Corps, Dec. 20, 1915. Commission gazetted, Jan. 27, 1916, 2d Lieut., R. E. Landed in France, Feb. 6, 1916. Posted to 179th Tunnelling Co., R. E. Took part in following battles: Somme, 1916; Ypres;1917; Arras, 1917; Somme, March and July, 1917; Messines, 1917. Gazetted: Acting Captain, July 11, 1916; Temp.-Lieutenant, Oct. 26, 1916; Captain, Sept. 29, 1918. Awarded Military Cross, Jan. 1, 1918, for conspicuous bravery and devotion to duty under a heavy enemy gas bombardment, when, by his example and perseverance in spite of every difficulty and obstacle, mining work was successfully completed which was vital for the success of the operations. The Cross was presented to Capt. Bullock by the King, on Sept. 25, 1918. First Lieut. J. J. Cadot, in a letter sent to Mr. H. `V. Hardinge from France, says he has been at the "Front." He also mentions that the Boche "is a good sprinter."

Jan 12, 1918

By C. L. Siebenthal

C. E. SIEBENTHAL, ? Washington, D. C.-From being one of the most maligned of metals-a veritable bugaboo-cadmium has almost overnight become respectable, though its slender claim to respectability rests almost wholly on the possibility of its substitution for tin. Preliminary to any campaign for such substitution, particularly for enforced substitution, the possible supply of cadmium should he determined as closely as possible; for that reason the statistical inquiry of which this paper embodies the results was undertaken. Production Cadmium is marketed in two forms, as metallic cadmium, in sticks or bars, and as cadmium sulfide, the pigment. The metal has found its greatest field of use in this country as a component of an easily fusible alloy that is used in automatic fire extinguishers. The sulfide is .used to some extent in paints but chiefly to give color and luster to glass and porcelain. The metal was first made in this country by the Grasselli Chemical

Jan 12, 1918

NEW MEMBERS The following list comprises the names of those persons who became members during the period Oct. 10, 1918, to Nov. 9, 1918. ALLER, FRANK D., Copper Met., Ore Purchaser, American Smelt. & Refin. Co., 120 Broadway, New York, N. Y. AVÈRY, PAUL W., Met. Engr., Esperanza Min. Co., Apt. 8, El Oro, Mex., Mexico. BAKER, CHARLES A., Leaching Foreman, Copper Leaching Plant, Anaconda Copper Min. Co., Anaconda, Mont: BREED, CHARLES H Met., Crown Cork & Seal Co., Baltimore, Md. CHASE, R. L., Min. Engr 102S First National Bank Bldg., Denver, Colo. EICHELBERGER, FRANK, Vice-pres. and Engr., New York-Montana Testing & Engrg. Co., Helena, Mont. GESTER, G. C., Geol., Standard Oil Co. of Cal., 616 Standard Oil Bldg., San Francisco, Cal. GRIFFIN, JOHN, Mgr., Anthracite Territory, The Dorr Co., Board of Trade Bldg., Scranton, Pa. HAYNES, ELWOOD Pres., The Haynes Stellite Co., Kokomo, Indiana. Hsi, T. C:.. Sec&apos;y, Tayeh Iron & Steel Works, Tayeh, China. HYDE, AUSTIN T., Mgr., Keokuk Plant, River Smelt. & Refin. Co., 607 Franklin St., Keokuk, Iowa.

Jan 12, 1918

SAN FRANCISCO SECTION Roy H. ELLIOTT, Chairman - T. A. RICKARD, Vice-chairman W. H. SHOCKLEY, Secretary-Treasurer, 959 Waverley St., Palo Alto, Cal. D. A4. RIORDAN C. F. TOLMAN, JR. A joint meeting of the local sections of the several national engineering societies represented in San Francisco was held at the Engineers&apos;. Club on Thursday evening, Sept. 26, 1918. The subject for the evening, "Fuel Conservation," was ably discussed by a-number of representatives of the Federal Administration and by engineers interested in the generation and utilization of all kinds of power on the Pacific Coast. The following extracts from papers presented at this meeting have been selected as being of the greatest interest and value to members of this Institute. Problems of the Fuel Administration ALBERT E. SCHWABACHER.-America&apos;s war needs call for 100,000,000 more tons of coal this year than in 1917, and 200,000,000 tons more than in 1914, when the war started, and this increase must come from a weaker man-power than that of 1917. It must be transported by a railroad system that has not been improved since the war started, and has been burdened with inconceivably greater demands than were made upon it before the war. This tremendous increased demand must be met by most intensive work in three directions; increased production, efficient conservation, and a distribution system which will insure against lost motion. While every European country has decreased its coal production since the war began, the United States has mined 50,000,000 tons more coal, during the first year of the war, and will increase this by another 50,000,000 the present year. Every 8 days there are being mined and transported as great a weight of coal as of the entire wheat crop of the United States. Of the 735,000,000 tons of coal which must be made available for consumption by our railroads, ships, war industries and people, 100,000,000 tons will come from the anthracite fields, the remainder from the bituminous fields. In 1917 there were produced about 330,000,000 bbl. of oil, and this year an additional amount over last year&apos;s production, of approximately 23,000,000 bbl. will be required. Water power developed 5,000,000 hp., the demand greatly exceeding the available supply.

Jan 12, 1918

For the year ending February, 1919 PRESIDENT SIDNEY J. JENNINGS NEW YORK, N. Y. PAST PRESIDENTS L. D. RICKETTS NEW YORK, N. Y. PHILIP N. MOORE ST. Louis, Mo. FIRST VICE-PRESIDENT C. W. GOODALE BUTTE, MONT. TREASURER GEORGE C. STONE, NEW YORK, N. Y. SECRETARY EMERITUS ROSSITER W. RAYMOND, NEW YORK, N. Y. SECRETARY BRADLEY STOUGHTON NEW YORK, N. Y.

Jan 12, 1918

By Samuel Hoyt

THE writer has long been interested in seeking an explanation of the upper heat effect in the copper-tin alloys over the a + ß range, first described in 1913. These notes are offered, not at all as the final explanation of this heat effect, but rather to indicate certain progress which has been made toward establishing what happens over this temperature interval. While working on the thermal analysis of the copper-rich kalchoids (copper-tin-zinc alloys), it was noted that those alloys containing major portions of tin and minor portions of zinc exhibited two marked heat effects, one at about 520° C. and the other at about 600° C., instead of the single effect which is generally observed in either of the two binary series. This matter was discussed with Dr. Guertler, who suggested that a heat effect at about 600° C. in the pure copper-tin alloys might be expected. This led to a more searching examination of the thermal critical points in the pure copper-tin alloys, with the result that a marked, although somewhat weak, heat effect was located at about 600°. Somewhat later, this upper heat effect was discussed with Dr. Burgess, and it was requested that the Bureau of Standards make heating and cooling curves of one of these alloys for the purpose of removing any possible doubt as to the actual presence of the heat effect. Results obtained by the Bureau are given in Plate I. In an earlier paper1 differential curves were published showing that the heat effect occurred at constant temperature over the a + ß range and increased in magnitude with the amount of a up to a point somewhat above 20 per cent. tin. No heat effect was noticed at this temperature in the eutectoid alloy. The existence of this heat effect seems to require a modification of the present copper-tin diagram in the a + ß field, and it has been the object of the work here presented to secure the evidence upon which such a change should be based.

Jan 12, 1918

NEW MEMBERS The following list comprises the names of those persons who became. members during the period Sept. 10, 1918, to Oct. 10, 1918. ADDISON, HERBERT, Vice-pres. and Mgr., Big Horn Collieries Co., 412 Colorado Bldg., Denver, Colo. ALLAN, .ANDREW, JR A. Allan & Son, Harrison, N. J. AMI, HENRY M., Charge of War Metals and Minerals, British Embassy, Washington, D. C. ALTHAR, HOMER C., Mill. Engr., The Lorain Coal & Dock Co., Bridgeport, Belmont Co., Ohio. BASER, JOHN T Pres., J. T. Baker Chemical Co., Phillipsburg, N. J. BARBA, W. P., Lieut. Colonel, Ordnance, U. S. A., 2301 Connecticut Ave., Washington, D. C. BENSON, JOHN PATS Min. Engr., Aurora Cons. Mines Co., Aurora, Nev., BOSWELL, H. F Resident Inspector, Southern Railway System, St. Louis, Mo. BRAUCHER, PETERS., Foundry Mgr., Philadelphia & Reading Ry. Co., Sixth & Perry St., Reading, Pa.

Jan 11, 1918

CAPTAIN JOHN H. BALLAMY John H. Ballamy, Captain on the Regimental Staff of the 103d Engineers, was killed near Fismes, on August 9, 1918. Captain Ballamy was born at Plymouth, Pa., in 1886 and graduated from the High School of that town in 1903. In the following year he began work as a coal miner, and at the same time began the study of mining engineering in the evening and any other spare time. He continued this diligent and energetic practice for many years. For sixteen years he continued in the employment of the Delaware, Lackawanna & Western Railroad Company&apos;s coal mining department, first as a practical miner, next as rodman on the survey corps, of which he soon became chief, then draftsman and mining engineer in the company&apos;s office. In January, 1916, he was promoted to the position of district engineer in charge of mining engineering work. He became a member of this Institute in September, 1917. CAPTAIN JOHN H BALLAMY. Captain Ballamy&apos;s military experience began at the same time as his engineering practice. He was a charter member of Company A, Engineers, N. G. P., which was organized ten years ago. He saw service on the Mexican border as First Lieutenant of this Company, and remained in that position until November, 1916. In July, 1917, he was again called into service and was sent to Camp Hancock, Ga., with the 103d Regiment of Engineers. Before joining this regiment he attended a school for officers at Fort Sill, Okla., where he received special training in field fortifications. In December, 1917, he was commissioned Topographical Captain on the Regimental Staff, and in April, 1918, preceded his regiment by about six weeks to France, where he again attended an officers&apos; training school. He rejoined his regiment on July 15, near Chateau Thierry and was killed near Fismes on August 9, 1918.

Jan 11, 1918

Lieut. Louis J. Brunel, now in France, was commissioned on July 27, 1917, as Second Lieutenant in the Engineers Reserve Corps, assigned to the 7th U. S. Engineers, Dec. 10, 1917, and has been with the American E. F. since Mar. 26, 1918. He was assigned to the staff of the General commanding the 5th Field Artillery Brigade, as Engineer Officer, on Aug. 6, 1918. E. Ross Housholder writes that "the record for pontoon bridge building was broken Sept. 25, 1918, by Section A, Co. 4, 5th Engineer Officers&apos; Training School, at Camp Humphreys, Va., of which I am a member. The time was 15 min. 11 3/5 seconds. We then proceeded to break the record for dismantling in 9 min. 57 1/5 seconds. The length of the bridge section was 200 ft. The post band was sent out to meet us, and we feel proud of this record. I have met quite a few A. I. M. E.

Jan 11, 1918

. F. W. SPERR, JR.,* Pittsburgh, Pa.--Mr. Malcolmson states that the Carbocoal process produces ammonium sulfate in excess of that normally recovered in the ordinary byproduct coke process. Table 3 indicates that 20,000 to 25,000 lb. of sulfate of ammonia are obtained in carbonizing 1000 tons of Clinchfield coal. This is a high-grade coal and yields from 26 to 28 lb. of ammonium sulfate per ton in a modern byproduct coke oven. On the next page, 21 lb. is stated as the yield of ammonium sulfate per short ton of raw coal; this is less than the average production from any well operated byproduct coke-oven plant treating coal of the character usually coked, in Pennsylvania and Ohio. The statement as to the comparative yields of light oil is somewhat misleading in view of the results obtained during the past year or two by the more modern byproduct coke plants. The plants put in operation by the H. Koppers Co., during the past two years, are producing about 3.5 gal. of light oil per short ton of coal, and several of these plants are producing more than 4 gal. per ton. The yield of pure toluene runs from 0.45 gal. to 0.55 gal. per ton. .The quality of the light oil .obtained from the Carbocoal process is of much greater importance than would be inferred by one not closely familiar with the subject. The presence of paraffins in the benzol and toluol fractions seriously detracts from their commercial value; the benzol and toluol fractions derived fro in the Carbocoal process contain about 50 per cent, of paraffins. It should be thoroughly understood what these paraffins are. They are simply hydrocarbons that go to make up ordinary petroleum, and if a successful method for the removal of paraffins from benzol and toluol has been developed, this can at once be applied to several well known processes by which benzol and toluol can be made directly from petroleum, which have as yet been total failures on account of the contamination of these products by paraffins.

Jan 11, 1918

C. A. HANSEN (communicated appendix*).-Since the above paper was written, tests have been conducted with a view to securing a sounder basis for discussing the effects of temperature on the behavior of the zinc cell. The following data, while making no pretense to great accuracy, are still reasonably close. Cells were operated with the same feed solutions, but at varying temperatures, the latter being controlled by means of immersed steam coils. Current efficiencies obtained indicate that the corrosion rate

Jan 11, 1918

September 1 to 6, 1918 COMMITTEE IN CHARGE Spencer Penrose, Chairman. George M. Taylor, Vice-Chairman. A. E. Carlton, Chairman. Finance Committee J. Dawson Hawkins, Secretary DENVER COLORADO SPRINGS CRIPPLE CREEK Finance Finance Thomas B. Crowe T. B. Stearns A. E. Canton , E. P. Arthur, Jr. Richard A. Parker Spencer Penrose N. S. Greensfelder T. B. Burbridge George M. Taylor A. E. Carlton. A. L. Blomfield, Treasurer B. F. Hill Arrangement I F. G. Willis Dave G. Miller Registration Norris E. Eads Frank Bulkley Loren C. Lennox 1V. E. Ryan Geo. E. Collins Horace F. Lunt Fred Jones .1. M. Tippett F. D. Smale Entertainment J. H. Haynes F. H. Bostwick Arrangement and Entertainment L. W. Lennox F. E. Shepard George M. Taylor A. L. Blomfield M. R.. Valentine Howland Bancroft J. D. Hawkins Thomas B. Crowe B. P. Morse A. E. Carlton E. P. Arthur J. G. Perry G. H. Clevenger Etienne A. Ritter Ladies Ladies , PUEBLO Mrs. T. B. Stearns, Mrs. C. M. Taylor, Mrs. C. H. Clevenger J. F. Welborn Chairman. Chairman H. B. Carpenter Mrs. C. Loughridge Mrs. S.-Penrose Mrs. A. E. Carlton L. B. Eames Mrs. H. Bancroft Mrs. J. D. Hawkins Mrs. A. L. Blomfield F. Robinson Mrs. G. Bancroft Mrs. L. C. Lennox Mrs. J. M. Tippett . Mrs. W. D. Leonard Mrs. H. F. Lunt -Mrs. E. C. van Diest Mrs. C. Chase Mrs. E. A. Ritter Mrs. AV. Strieby Mrs. F. H. Bostwick Mrs. L. S. Harner Mrs. C. L. Bailey Mrs. F. Bulkley Miss F. Dickerman Mrs. E. P. Shove Mrs. C. L. Tutt Mrs. F. C. Peck Mrs. F. D. Pastorius

Jan 10, 1918

Executive SIDNEY .J. JENNINGS, Chairman GEORGE D. BAR HON .I. E. JOHNSON, JR. EDWIN LUDLOW ROBERT M. RAYMOND Membership KARL EILERS, chairman LEWIS W. FRANCIS .1. E. JOHNSON, JR. LOUIS D. HUNTOON ARTHUR. L. WALKER Finance GEORGE D. BARRON. Chairman. CHARLES F. RAND BENJAMIN B. THAYER Library E. GYBBON SPILSBURY1 Chairman ALEX C. HUMIPHREYS3 GEORGE C. STONE .J. H. JANEWAY4 BRADLEY STOUGHTON Papers and Publications BRADLEY STOUGHTON, Chairman

Jan 10, 1918

Organization Place Date 1918 Institute of Metals Division, A. I. M. E Milwaukee, Wis. Oct. 8-11 Iron and Steel Members, A. I. M. E Milwaukee, Wis. Oct. 8-10 American Foundrymen&apos;s Association Milwaukee, Wis. Oct. 7-12 American Museum of Safety and Sanitation, Exposi- tion St. Louis, Mo. Oct. -7-12 National Safety Council St. Louis, Mo. Oct. 14-17 Business Show : New York, N. Y. Oct. 21-26 National Society of Naval Architects New. York, N. Y. Nov. 14-15 American Society of Mechanical Engineers New York, N. Y. Dec. 3-6 Geological Society of America Boston, Mass. Dec. 25-31 American Association for the Advancement of Science Boston, Mass. Dec. 27-Jan. 2. 1919

Jan 10, 1918

By Cyrus Garnsey

NECESSITY FOR PRICE FIXING DURING the latter part of 1916 and the early months of 1917, clue to war activities, there was a threatened shortage of coal which resulted in panic among consumers and a rush to obtain coal at once at any price. As a result of this insistent demand for immediate delivery, prices were bid up by the consumers to unprecedented heights; spot coal which had previously been selling at from $1.50 to 82 per ton was bid up to $5, $6, and, in exceptional cases, as high as $7.50 or more per ton. Then when the April, 1917, contract period arrived, contracts could be made only at prices ranging from $3 up to $5 and $6 per ton for the year&apos;s delivery. This condition caused such a demoralization of the business, and so much complaint, that some action to regulate prices was considered essential by the National Administration. LANE-PEABODY AGREEMENT In May, 1917, a committee under the chairmanship of F. S. Peabody, of Chicago, was appointed by the Council of National Defense, through Mr. Lane, to consider the whole question of bituminous coal. This committee, with the Secretary of the Interior, Mr. Lane, after numerous meetings and long negotiations with the operators throughout the country, announced on June 29 an agreement between the Committee and the producers, fixing a tentative maximum price for bituminous coal throughout the country at $3 per net ton f.o.b. mines, to which was added 25 c. for selling commission to wholesalers. This plan was based on the idea of fixing a maximum price, high enough to greatly-stimulate production, with the expectation that the laws of supply and demand would, with ample production, operate to maintain fair and just prices for coal throughout the country.

Jan 9, 1918