Amendment to code of fair competition for the inland water carrier trade in the eastern division of the United States op...

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Material Information

Title:
Amendment to code of fair competition for the inland water carrier trade in the eastern division of the United States operating via the New York Canal System as approved on July 27, 1934
Portion of title:
Inland water carrier trade in the eastern division of the United States operating via the New York Canal System
Physical Description:
5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Inland water transportation -- Freight -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1417-14."
General Note:
"Approved Code No. 266--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952428
oclc - 658003097
System ID:
AA00007027:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
C ODE O F FAI R C OMPE TIT ION



INLAND WATER CARRIER TRADE IN

THE EASTERN DIVISION
OF THE

UNITED STATES OPERATING VIA THE

NEW YORK CANAL SYSTEM


jI I
* Mar asl b the Sulperintendent of Documents. Washington, D.C. I Price 5 centa


Approved Code No. 266--Amendment No. 1


Registry No. 1417--14


AS APPROVED ON JULY 27, 1934


WE DO OUR PART


: I rrri ---- I
1.-. ------


UNITED STATES
GOVERNMENTAL PRINTING OFFICE
WASHINGTON: 1934


MEMBR4
























This publication is for sale by the Superintendent of Documents, Governmlent
Printing Offiice, Washington, D.O., and by district offices of the Bureau of Foreign
and D~omestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COM~MERCE

A8tlanta, G~a.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National B~ank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kiansas City, Mo.: 1028 Baltimore Avoenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 218 Federal Building.
New Orleans, L~a.: Room 225-A8, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphlia, Pa.: 422 Comzmercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis. Mo.: 1506 Olive Street.
San Francisco, ~Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office B3uilding.










Approved Code No. 2866-Amendmrent N(o. 1


AMENDMENT TO COD)E O1F FAIR COMPETITION
FOR THE
INANDI WlATERI CARRIER TRADE: IN TH]E
EAST~LERN DIVISION OF TH\]~E: UNITED STATES
OPERATING: VIA THE NE WC Y ORKH CANAL
SYSTEM
As Approved on July 27, 1934

O~)RDER
Arenovrsoh AMVENDMENT TO CODE OF FAIR COMPETITION FOR THEB
IN-LAND ATERV CARRIER TRADE IN THE EASTERN DInsioN or ann
UwrrE STATEGs OrEnRvrrSo VIA THIE NP~EW YORK. CANAL SYSTEMT
An application hlaving been duly made. pursuant to and in ~full
compliance wnith the pr~ovisions of Title I: of the Nat~ional Industrial
Recovery Act, approved June 16, 1_933, for approval of an. amend-
menrt to a Code of Fair Completition for the Inlatnd WTater Carrier
Tr~atd in the Eastern Division of the U~nited States, o etratincr via
the New York Canal System, and opportunity to be h~eard havlng beeen
duly a~fftorded all interestedl parties andi the annexsed report on said
amnendlment, c~ontaining findings with respect thereto, having been
made an directed to the Presidenlt:
NOW, THERIEFiORE, on behalf of the President of thre Unlit~ed
States, I, H-lugh S. Johnson, Ad~minstrator for Industr~ial Recovery,
purs~uant to authority vested inl me b~y Excuc~tive Orders of the
Pr~esidetnt, including ZExecutive Order 6543l--A, dlatedl Decemlber 30,
19:33, and otherwrise, do hereby incorporate by preference, said annexed
report and do fid that said amendment, and the Code as constituted
after being amended comply ini all respects w~ith th~e pertinent pro-
visions and2 will promote the policy and purp~oses of said Title of
satid Act, and do hereby order that said amlendmetnt be aind it is
hereby approved, and that the p~revious approval of said Code is
her~eby mlodifiedl to include an approval1 of said Codle ini its entirety
as amended, such approval aznd such amendment to take effect te~n
(10) day from the date her~eof unless good cause to the contrary is
shown to the Administrator before that time andc the Adcministrator
issues a subsequent orders to that effect.
Honc S. JOHNSON,
Aldministra(tor for Inus~trialr Recov~er!*
Approval recommended :
C. E. ADaMIS,
Dlizvision Admlinisftrator.
~ASHINGTONV, D.O.,
Ju~ly 27, 1933.
7641790*-829-1 47---34 (1)













REPORT TO THIE PR~tESI[DENT


The PRESIDENT,
The White H4ouse.
SmR: An application has been. duly made pursuant to and in full
compliance with the provisions of thne National Industrial Recovery
Act, for an Amendment to the Code of Fiair Competition for the
Inland Wi~ater Carrier Trade in the Eastern Division of the United
States operating via the New York Canal System, submitted by the
Code ~Authority for the said Trade.
The existing provision of Article XZ, Section 9 of the Code for
said Trade, is entirely inadequate in. view of Executive Order 6678
and ASdmninistrative Order X-36, and it is therefore evident that the
proposed amendment to Article X of said Code, the provisions of
which follow closely the text of the above mentioned Orders, will
overcome the existing inadequate provisions.
FINDINGS

The Deputy Administrator in his final report to mne on said
amendment to said Code having found as herein set forth and on
thne basis of all the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recover~y Act including the removal of obstrue-
tions to the free flow of interstate and foreign commerce which ~tend
to diminish thle amount thereof, and will provide for the general
we~clf.re. by promorting th~e organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernm~ental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization. of the
present productive capacity of the industries, by avoiding undue re-
strictions of production (except as may be temporarily required),
by increasing th~e consumption of industrial and agfricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) TIhe Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitat-
tionn Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection. (b) of Section 10 thereof.
(c) The Co~de empowers the Code A1~uthority to present the afore-
said amendment on behalf of thne Trade as a whole.
(d) The amendment and thre Code as amended are not designed to
and will not permit monopolies or m~onopolistic practicesx.









(e) Thle amendment and th~e Codc~e as5 amelcndedt are not des~igned~ to
an ill not climinutet o~r opp~lress small eterp~~ri- esi alnd will not
opernte to discriminate; again st thzem.
(f) Thols~e engagedcll in other. steps of the eccnomic~ plrNccs hav~e not
bee~n dcpr~ivedc o~f thle right to be heard;~c prior to atpprova\;l of said
amendm nent.
FE~or thiese reasons, therecfore, I ha~ve apino-oved this amexcndment.
Respect fully,
Howr~l S. JouxIS~O S,

JUr5LY 27, l1p3 *













AMENDMENTT TO CODE OF FAIR COMPETITION IFOR
TH3E INLAND WCTATER CARRIER TRADE IN THE EAST-
ERN DIVISION OF THE UNITED STATES OPERATIING
VIA THE NEWV YORK CANAL SYSTEM/

Amend Article X by deleting the present Section 9 and substitut-
ing in lieu thereof a new Section 9 reading as follows:
SECTION 9 (1). It being found necessary, in order to support the
administration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Act, the Code Authority is authorized, subject to the approval of
the Administrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregomng purposes and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for h~is approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Trade;
(c) After such budget and basis of contribution have been ap-
provedl by the Administrator, to determine and secure equnitable con-
tribution as above set forth by all such members of the Trade, and
to that end, if necessary, to institute legal proceedings therefor mn its
own name.
(2). Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only members
of the Trade complying with the code and contributing betildo the ex-
penses of its administration as hereinabove provided, shal eette
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities or to
m~ake use of any emblem or insignia of the Nationlal Recovery
Administration.
(a) The expenses of administering the Code shall be prorated
equitably among all members of the Trade on the basis of tonnage
carried and at the rate of assessment provided in the budget for thne
Trade approved by the AI~dministrator. Atl report of the tonnage
carried the preceding month. shall be filed wclith the Code ALuthority~
by each member of the Tra~de within ten (10) days after the close of
each. calendar mont~h.
(b) Changes in the rate of assessment provided in the budget
for the Trade may be made upon applications by- the Code Authority
to the Atdministrator and become effective upon his approval.









(3). The Codle Aulthority shall neither incur norr payS any' obliga-
tion substanutially in excess of t~he amnounit thereof as estlimate in its
applrovedt budcget,, and shall in no event, exceed~ thle to~tta aontn~n
conltained in thre alpproved~t budglret. except upon'' upproval\'" of the APd-
ministrator;; andno~ IIubsequenl" t buldget shall contaltin anyi dlefiic~iecy
item for exzpelndit~ures inl exCess of prlior1 budgetc' e'stimat~es except
those whlichl the Adm~iniistrator shall hav\e so app~lrovedl.
App1~rovtal c'nt~le No. 2Wi(-Amell anentlCli NoI. 1.
Reg'istryS N~o. 1-117~-14.
O




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