A-75704, MAY 25, 1936, 15 COMP. GEN. 1028

A-75704: May 25, 1936

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1936 (49 STAT. 1119) IS AVAILABLE SUBSEQUENT TO THE DECISION OF THE SUPREME COURT OF THE UNITED STATES OF MAY 18. 1935 (49 STAT. 1007) AS ARE NOT CONNECTED WITH THE ACTIVITIES NEGATIVED BY SAID COURT. ARE NOW AVAILABLE FOR USE BY THE COMMISSION IN CARRYING OUT THE DUTIES IMPOSED UPON IT BY SECTION 16 AND 18 OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935. THAT THE PROVISIONS FOR PRICE-FIXING WERE SO RELATED TO AND DEPENDENT UPON THE LABOR CODE THAT THE FORMER HAVING BEEN HELD BAD. OTHER THAN THOSE WE HAVE CONSIDERED. ARE AS OLLOWS: SEC. 15. IS HELD INVALID. THE COMMISSION IS HEREBY VESTED WITH AUTHORITY TO MAKE COMPLAINT TO THE INTERSTATE COMMERCE COMMISSION WITH RESPECT TO RATES. THE INTERSTATE COMMERCE COMMISSION IS AUTHORIZED TO AVAIL ITSELF OF THE COOPERATION.

A-75704, MAY 25, 1936, 15 COMP. GEN. 1028

BITUMINOUS COAL CONSERVATION ACT OF 1935 - UNCONSTITUTIONALITY - SUBSEQUENT AVAILABILITY OF APPROPRIATION THE APPROPRIATION FOR SALARIES AND EXPENSES, NATIONAL BITUMINOUS COAL COMMISSION, MADE BY THE SUPPLEMENTAL APPROPRIATION ACT OF 1936, APPROVED FEBRUARY 11, 1936 (49 STAT. 1119) IS AVAILABLE SUBSEQUENT TO THE DECISION OF THE SUPREME COURT OF THE UNITED STATES OF MAY 18, 1936, FOR SALARIES AND EXPENSES OF THE COMMISSION TO THE EXTENT NECESSARY TO THE PERFORMANCE OF SUCH OF THE DUTIES IMPOSED UPON IT BY THE ACT OF AUGUST 30, 1935 (49 STAT. 1007) AS ARE NOT CONNECTED WITH THE ACTIVITIES NEGATIVED BY SAID COURT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 25, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF MAY 23, 1936, REQUESTING DECISION AS TO WHETHER THE APPROPRIATION MADE IN THE SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEAR 1936, APPROVED FEBRUARY 11, 1936, FOR THE SALARIES AND EXPENSES, NATIONAL BITUMINOUS COAL COMMISSION, ARE NOW AVAILABLE FOR USE BY THE COMMISSION IN CARRYING OUT THE DUTIES IMPOSED UPON IT BY SECTION 16 AND 18 OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935, APPROVED AUGUST 30, 1935, 49 STAT. 1007, IN VIEW OF THE DECISION OF THE SUPREME COURT OF THE UNITED STATES OF MAY 18, 1936, IN THE CASE OF CARTER V. CARTER COAL COMPANY, ET AL.

STATED BRIEFLY, THE DECISION OF THE SUPREME COURT HELD UNCONSTITUTIONAL THOSE PORTIONS OF THE STATUTE THAT PROVIDED FOR A TAX ON BITUMINOUS COAL, AND THE FORMULATION AND ENFORCEMENT OF A BITUMINOUS COAL CODE REGULATING WAGES AND HOURS OF LABOR OF EMPLOYEES IN THAT INDUSTRY. IT ALSO HELD, WITHOUT PASSING UPON THEIR CONSTITUTIONALITY, THAT THE PROVISIONS FOR PRICE-FIXING WERE SO RELATED TO AND DEPENDENT UPON THE LABOR CODE THAT THE FORMER HAVING BEEN HELD BAD, THE PRICE-FIXING PROVISIONS MUST ALSO FALL.

THE DECISION OF THE COURT DID NOT DECLARE THE ENTIRE ACT OF AUGUST 30, 1935, UNCONSTITUTIONAL, IT BEING EXPRESSLY STATED THAT:

IF THERE BE IN THE ACT PROVISIONS, OTHER THAN THOSE WE HAVE CONSIDERED, THAT MAY STAND INDEPENDENTLY, THE QUESTION OF THEIR VALIDITY IF LEFT FOR FUTURE DETERMINATION WHEN, IF EVER, THAT QUESTION SHALL BE PRESENTED FOR CONSIDERATION.

SECTIONS 15, 16, AND 18 OF THE BITUMINOUS COAL CONSERVATION ACT (49 STAT. 1007), ARE AS OLLOWS:

SEC. 15. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID, THE REMAINDER OF THE ACT AND THE APPLICATION OF SUCH PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.

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 BENEFITS 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. 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.

IT WOULD THUS APPEAR THERE ARE IMPOSED UPON THE COMMISSION BY SAID SECTIONS 16 AND 18 CERTAIN DUTIES WHICH MAY BE EXERCISED WITHOUT REFERENCE TO THE PORTIONS OF THE ACT NULLIFIED BY THE DECISION OF THE SUPREME COURT; AND IN VIEW OF THE PROVISIONS OF SECTION 15 OF THE ACT, THE CONTINUED EXISTENCE OF THE COMMISSION AND THE PERFORMANCE BY IT OF THE SAID DUTIES SO IMPOSED BY SECTIONS 16 AND 18, SUPRA, ARE NOT NEGATIVED BY THE COURT'S DECISION.

THE APPROPRIATION FOR SALARIES AND EXPENSES, NATIONAL BITUMINOUS COAL COMMISSION, MADE BY THE SUPPLEMENTAL APPROPRIATION ACT OF 1936, APPROVED FEBRUARY 11, 1936, IS, BROADLY, FOR ALL NECESSARY EXPENSES "IN PERFORMING THE DUTIES IMPOSED UPON SAID COMMISSION BY THE BITUMINOUS COAL CONSERVATION ACT OF 1935," AND, THEREFORE, WILL BE AVAILABLE FOR THE SALARIES AND EXPENSES OF THE COMMISSION TO THE EXTENT NECESSARY TO ENABLE IT TO PERFORM SUCH OF THE DUTIES IMPOSED UPON IT BY SAID SECTIONS 16 AND 18 OF THE ACT OF AUGUST 30, 1935, AS ARE NOT CONNECTED WITH THE ACTIVITIES NEGATIVED BY THE COURT'S DECISION.