NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AIR TRANSPORT INDUSTRY
AS APPROVED ON FEBRUARY 26, 1935
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Approved Code No. Ill-Amendment No. 3
Registry No. 1741-2--04
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Approved Code No. Ill-Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
AIR TRANSPORT INDUSTRY
As Approved on February 26, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE AIR
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of amend-
ments to the Code of Fair Competition for the Air Transport In-
dustry, and an opportunity to be heard having been duly afforded
all interested parties and the annexed report on said amendments.
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
it. vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27. 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 title of
said act, and does hereby 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 en-
tirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Admiihstratice Officer.
L. H. PEEBLES,
WASHINGTON, D. C.,
February 26, 1935.
117839 -1603-24--35 I1\
REPORT TO THE PRESIDENT
The White House.
SiR: An application has been duly made pursuant to and in full
compliance with the National Industrial Recovery Act for the
amendment of Section 3 of Article II and for the amendment of
Article VII of the Code of Fair Competition for the Air Transport
Industry for the following purposes:
1. The inclusion of the territory of Hawaii in the territory covered
by the definition of the term Industry ", thus applying the perti-
nent provisions of the Air Transport Code to the Air Transport
Industry in Hawaii.
2. The addition of a new Section covering Publicity and Adver-
tising Fair Trade Practices to Article VII as amended.
These amendments are submitted in the form as revised by the
Code Authority, no objections, criticisms or suggestions having been
received during the period provided in the Notice of Opportunity
to be Heard published January 16, 1935.
The Deputy Administrator in his final report to us said amend-
ments to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
We find that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the 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-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise re-
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
(g) The territory of Hawaii properly belongs in the territory
covered by the Code.
(h) Provisions of proposed amendment to Article VII dealing
with false advertising and misrepresentation are reasonable and
well adapted for the correction of certain unfair trade practices in
For these reasons, these amendments have been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
FEBRUARY 26, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE AIR TRANSPORT INDUSTRY
Section 3 of Article II of the Codle of Fair Competition for the
Air Transport Indu.stry shall be amended so as to include the terri-
tory of Hawaii in the territory included in the Section so that the
said Section will read as follows:
The tern 'Indiustry includes all public carriers for hire by
aircraft for ,pas.'ngers, aIdl or mail, and or cargo on scheduled
operations and services incidental thereto within the several States
of the United States, the Ditrict of Colunibia, and the territories
of Alaska and Hawaii. and such branches or subdivisions thereof
as may, from time to time. be included by the President under the
provisions of this Code, but does not include scheduled operations
and/or services s incidental thereto not within the several States of
the United States. the District of Columbia, and the territories
of Alaska and Hawaii."
The Code of Fair Competition for the Air Transport Industry
shall be allended by adding to Article VII a new Section, as
"Puibl;itfy and Ader(1i'f;,i ;.-No member of the Industry shall
either directly or through an agent publish or contract for the pub-
lishing of advertising (whether printed, radio, display or of any
other nature) which is misleading or inaccurate in any material
particular; nor in any way mis-represent any values, policies or
services, or the nature or form of the business conducted."
Applrveil Code No. Ill-Amendment No. 3.
Registry No. 1741-2-04.
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