Page:United States Statutes at Large Volume 50 Part 1.djvu/105

80 Submission to Com- mission . Establishment of minimum prices and rules and regulations. Ma ximum prices; establishment by Commission to protect consumer . Pro viso . Maintenance of fair return . Complaints by code member, district board, etc . Notice and hearin g. Preliminary or tem- porary orders . Cod e pri ces, pro- hibition on sales below minimum or above maximum . Proviso . Contracts prior to June 16, 1933 . Unenforceable, etc ., contracts . Restriction on con- tracts until prices established . Sale below mini- mum or abov e maxi- mum price prohibited . 75 TH CONGRESS, 1ST SESSIO N-CH . 127-APRIL 26, 1937 such coordination, to the end that the return per net ton upon the entire tonnage of the minimum price area shall approximate the weighted average of the total cost per net ton of the tonnage of such minimum price area . Such coordinated prices and rules and regula- tions, together with the data upon which they are predicated, shall be submitted to the Commission . The Commission shall thereupon establish, and from time to time, upon complaint or upon its own motion, review and revise the effective minimum prices and rules and regulations in accordance with the standards set forth in subsections (a) and (b) of part II of this section . (c) When, in the public interest, the Commission deems it neces- sary to establish maximum prices for coal in order to protect the consumer of coal against unreasonably high prices therefor, the C ommissi on shal l have the pow er to establi sh maxi mum pri ces fre e on board transportation facilities for coal in any district . Such maximum prices shall be established at a uniform increase above the minimum prices in effect within the district at the time, so that in the aggregate the maximum prices shall yield a reasonable return above the weighted average total cost of the district : Provided, That no maximum price shall be established for any mine which shall not yield a fair return on the fair value of the property . (d) If any c ode mem ber or distric t board or mem ber th ereof, or any State or political subdivision of a State, or the consumers' coun- sel, shall be dissatisfied with such coordination of prices or rules and regulations, or by a failure to establish such coordination of prices or rules and regulations, or by any minimum or maximum prices established pursuant to subsections (b) or (c) of part II of this section, he or it shall have the right, by petition, to make complaint to the Commission, and the Commission shall, under rules and regu- lations established by it, and after notice and hearing, make such order as may be required to effectuate the purpose of subsections (b) and (c) of part II of this section . Pending final disposition of such petition, and upon reasonable showing of necessity therefor, the Commission may make such preliminary or temporary order as in its judgment may be appropriate, and not inconsistent with the provi sions of this Act . (e) No coal subject to the provisions of this section shall be sold or delivered or offered for sale at a price below the minimum or above the maximum therefor established by the Commission, and the sale or delivery or offer for sale of coal at a price below such mini- mum or above such maximum shall constitute a violation of the code Provided, That the provisions of this paragraph shall not apply to a lawful and bona fide written contract entered into prior to June 16, 1933 . The making of a contract for the sale of coal at a price below the minimum or above the maximum therefor established by the Com- mission at the time of the making of the contract shall constitute a violation of the code, and such contract shall be invalid and unenforceable. From and after the date of approval of this Act, until prices shall have been established pursuant to subsections (a) and (b) of part II of this section, no contract for the sale of coal shall be made provid- ing for delivery for a period longer than thirty days from the date of the contract . No contract shall be made for the sale of coal for delivery after the expiration date of this Act at a price below the minimum or above th e maxim um ther efor es tablish ed by the Com mission and in effect at th e time of making the contract .