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Approved Code No. 278--Amendment No. 4
Registry No. 1411-61
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MIAY 6, 1935
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Approved Code No. 278---Amendmrent No. 4
~AMIENDMEN~T TO CODE OF FAIR COMPIETITIONl
As Approved opn MIay 6, 1935
APrrovINGo AMENDMENT OF (7ODE OF FAIR COMPETITION FOR THE
An application having been dully made pursuant to and in full
compliance with th~e provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to the Code of Fair Competition for the TIlrucking Industry, and an
opportunity to be heard having been duly afforded all interested
parties and the annexed report on said amnendlments, containing find-
ings w~ith respc.')-t thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it byExecutive Orders of the President, including
`Executive Order No. 6859, dated September 27th2, 1934, and other-
wise; does hereby incorporate, by reference, said annexed report
and does find that said amendments and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said TIitle of
said Atct, and does thereby order that said amendments be and they
are hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its entirety
NATIONAL INDUSTRIAL RECOVERY EOARD),
BEy W. A. HARRIiMAN, Admninistrative Ofi~pcer.
L. HI. PEEBLES,
WBBsmwGONo, D. C.,
May 6, 1935.
1341780 -1814-8 35 1
REPORT` TO TH3E] PRESIDENT
(The White House.
SmR: An application has beenr duly made pursuanlt to and in full
compliance with the pr'ovisions of the Nat.ional Indlustrial Recovery
Act for two amendments to APrticle III, Section B of the Code of
Fair Competition. for the T'rucking Indlust~ry, approved February
The first amendment, which deletes t~he word misfeasance in
the last line of ~Article III, Section B, Subsect~ion 7 of said Code and
substitutes therefore the word "'malfeasance ", affords members of
Code Authorities a greater protection from any liaility arisin g
in the conduct of their official duties under theCoe
The second amendment properly extends to members of committees
of the Inldustry which may be appoinrted by a Code Aiut~hority to
aid in the administration of the Code, the same protection as is Ynow
granted members of the various Code Authorities in carrying out
their official duties.
Th amendments are submitted ats revised by the National Code
Authority, except for an unimportant change in the numbering of
the subsections referred to in, said amendments. No objections, criti-
cisms or sugg~estions were received during t~he period provided in
the Notice of Opportunity to be Heard, published April 4, 1935.
The Deputy Administrator in his final report t~o us on said
amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter:
The National Industrial Recovery Boar~d finds that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and- pur~poses of Title I of the
National Inldustrial Removery Ac~t, inc~ludngln the removal of obstruc-
tions to the free flow of interstate and foreign c~onunerce which tend
to diminish the amount thereof, and will provide for the. general
welfare by promoting the organization of indlustry for th~e purpose
of cooperative action among the trade groups, by inducing and mnain-
taining united action of labor and management under adequate
governmental sanction and supervision, byv eliminating unfair comp-
petitivee practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production exceptt as may be temlporarily required),
by increasing the consumption of industrial and agr~icultulral prtod-
ucts, through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amnendled complies in all respects with the perti-
nent provisions of said Title of said Act, including without limrita-
tion Subse~ction (a) of Section 3, Subsection (a) of Section 7, and
SubsectionI (b) of Section 10 thereof.
(c) The Code empowersl the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amnendmenlts and the Code as amnend'ed are not designed
to and will not permit monopolies or monopolistic practices.
(e) T~he am~end~ments and the Code as amended are not designed
to and will nrot eliminate or oppress small enterprises and will not
operate to discrimninalte against them.
(f) Those engaged in any other steps of the economic process
have not been deprived of the right to be heard prior to approval
of said amendments.
(g) Code Authority mlembers should be protected from any lia-
bility which may arise from an, error in judgment on their part
where said members perform. some positive act in good faith in the
conduct of their official duties under the Code?.
(h) Thle amendment to Subsection 7 of Section B3 of Article III
is designed to anrd does afford such protection.
(i) M~embers of comnmitteess appointed by Code Authorities should
be granted the same protection in carrying out their official duties
under thec Code as is now granted members of Code ALuth]iorities in
cazrrying out their official duties.
(j) T~he amendment adding Subsection 8 to Section B of Article
III is intended to and does afford such protection.
F~or these reasons, these amendments have been approved.
For the Nationlal Industrial Recovery Board:
W. A. HAJRRMAN,
MAeY 6, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FO'R
TH`EE TRUCKLING I[NDU)TSTRY
Article III, Section B3, Subsection 7 of said Code is hereby
amended by deleting after the first ~word of the last line the word
"mIlisfeaLsance") and substituting therefore the word "malfea~sance "
APs thus amended, Article II1I, Section ]B, Subsection C reads as
"' Nlothingr contained in this Code shall constitute the members of
a Code A5uthority partners for any purpose. Nor shall any membller
of a Code ~AuthorityT be liable in any manner to anyone for any act
of any other member, officer, agent, or employee of a Code Authority.
Nor shall any member of a Code~ Aunthorityv exercisingr reasonable dil-
igence in the conduct of his duties hereunder, be liable to anyone
fuor anyT action or omission to act under this Code, except :for his owJn
wilful malfeasance or nonfeasance."'
Article III, Spct~ion B of said Codelc is: herebyl a~mendedr byr~ adirngr
a new subsection to be headed~ 8 ". Subsection 8 reads as follows:
"' Nothing contained in. this Code shall constitute the members of
any committee of the Industry, appointed to aid in the admninistra-
tion of the Code, partners for any purpose. Nor shall any member
of any such committee be liable in any manner to anyone for alny
act of any other member, officer, agent or employee of a Code
Authority or of such a committee. Nor shall any members of such
committee exercising reasonable diligence in the conduct of his
duties hereundier, he liable to anyone for any action or omission to
act under this Code, except for his own wilful malfeasance or non-
Approved Code No. 278---A~mendlment No. 4.
Registry No. 1411-61.
UNIVERSITY OF FLORIDA
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3 1262 08728 5812