Page:United States Statutes at Large Volume 49 Part 1.djvu/1039

 994 74 TH CONGRESS. SESS. I. CH. 824 . AUGU ST 30, 1935 . provisions of such code, shall be entitled to a drawback in the form of a credit upon the amount of such tax payable hereunder, equivalent to 90 per centum of the amount of such tax, to be allowed and deducted therefrom at the time settlement therefor is required, in such manner as shall be prescribed by the Commissioner of when rig ht of dra w- Internal Revenue. Such right or benefit of drawback shall apply back to begin. to all coal sold or di sposed of from and after the day of the producer's filing with the Commission his acceptance of said code Right of producer to in such form of agreement as the Commission may prescribe. No conte st provis ions of y code. producer shall by reason of his acceptance of the code provided for in section 4 or of the drawback of taxes provided in section 3 of this Act be held to be precluded or estopped from contesting . the constitutionality of any provision of said code, Or its validity as applicable to such producer. Bituminous co al BITUMINOUS COAL CODE code. Working agreement. SEC. 4. The provisions of this section shall be formulated by the Commission into a working agreement, to be known as the " Bituminous Coal Code ", and herein referred to as the " Code ." Producers accepting and operating under its provisions are herein referred to as " Code memb ers ." Conditions, provi- For the purpose of carr ying out the dec lared po licy of this Act , lions, and obligations. the code shall contain the following conditions, provisions, and obli- gatio ns which will te nd to re gulate i nterstat e commer ce in bi tumi- nous coal and transactions directly affecting interstate commerce in bituminous coal Part I-Organization PART I-ORGA NIZAtiON AND PRODUCTION and production. District boards of coal (a) Twenty-three district boards of coal producers shall be organ- producers ; number. ized. Each district board shall consist of not less than three nor Individual boards; more than seventeen members. The number of members of the determination of mem- bership, district board shall, subject to the approval of the Commission, be deter mined by the maj ority vo te of th e distri ct tonna ge durin g the calendar year 1934 represented at a meeting of the producers of the district called for the purpose of such determination and for the election of such district board ; and all known producers within the district shall be given notice of the time and place of the meeting. Producer members. All but one of the members of the district board shall be producers or representatives of producers truly representative of all the mines of the district. The number of such producer members shall be an Elections • even number. One-half of such producer members shall be elected by the majority in number of the producers of the district repre- sented at the aforesaid meeting. The other producer members shall be elected by votes cast in the proportion of the annual tonnage out- put for the preceding calendar year of the producers in the district, with the right on the part of the producers to vote their tonnage Proviso • cumulatively : Provided, That not more than one officer or employee Restriction. of any producer within a district shall be a member of the district Members represent- board at the same time. T he rem ain ing member of each district mg employees. board shall be selected by the organization of employees repre- senting the preponderant number of employees in the industry of Terms of office. the district in question. The te rm of district board members shall be two years and until their successors are elected. Au thority of Com- In case any marketing agency comprising a substantial number mission to increase membership of board. of code members in any producing field within a district establishes, to the satisfaction of the Commission, that it has no representation upon the district board and that it is fairly entitled thereto, the Commission may, in its discretion, after hearing, increase the mem- be rship of such district boar d so as to pr ovide for suc h representati on.