James Clark McReynolds

“ August 23, 1917, pending further investigation and determination, it was ordered by the President:
'A coal jobber is defined as a person (or other agency) who purchases and resells coal to coal dealers or to consumers without physically handling it on, over, or throught his own vehicle, dock, trestle, or yard. ”

“ If it applied only to transactions thereafter begun, all had opportunity to govern themselves accordingly; but, if given retroactive effect, jobbers who had negotiated purchases at costs exceeding fifteen cents per ton would necessarily lose if they sold, although they had acted in entire good faith. Certainly, there was no purpose to encourage hoarding, contrary to the Lever Act, § 26, or to retard movement of fuel to the ultimate consumers by making sales unprofitable. ”

“ If the title had passed to the consignee, the price fixed by the President does not apply. * * *
'A jobber who had already contracted to buy coal at the time of the President's order fixing the price of such coal, and who was at that time already under contract to sell the same, may fill his contracts to sell at the price named therein. ”

“ Do these circumstances suffice to establish the offense charged? We think not; and, accordingly, the judgments below must be reversed.
The order must be construed as criminal statutes are-strictly and without retroactive effect unless clearly indicated. Chew Heong v. United States, 112 U.S. 536, 559, 5 Sup. Ct. 255, 28 L. Ed. 770; Shwab v. Doyle, 258 U.S. 529, 534, 42 Sup. Ct. 391, 66 L. Ed. 747, 26 A. L. R. 1454. ”