Amendment to code of fair competition for the toll bridge industry as approved on May 6, 1935

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Material Information

Title:
Amendment to code of fair competition for the toll bridge industry as approved on May 6, 1935
Portion of title:
Toll bridge industry
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:
Toll bridges -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1713-2-15."
General Note:
"Approved Code No. 431--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930947
oclc - 645186227
System ID:
AA00008234:00001

Full Text



ApprvedCod No.431Amedmet No 2 egitry o. 7132-1


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


TOLL BRIDGE INDUSTRY


AS APPROVED ON MAY 6, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Documents. Washington. D. C. - Price 5 ent


UNIV. OF- FL LU.





U.S. DEPO TOrY


Approved Code No. 431-Amendment No. 2


Registry No. 1713-2-15


























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Approved Code No. 431-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

TOLL BRIDGE INDUSTRY

As Approved on May 6, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
TOLL BRIDGE INDUSTRY
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 Toll Bridge Industry,
and an opportunity to be heard having been afforded to all inter-
ested parties and a 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 au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise,
does hereby adopt and incorporate herein by reference said report;
does find that said amendments (in the form set forth in the Schedule
referred to below) and the code as constituted after being amended
comply in all respects with the pertinent provisions and will pro-
mote the policy and purposes of said Title of said Act; and does
hereby order that said amendments (in the form set forth in the
Schedule annexed hereto, marked Schedule "A", and by this ref.
erence made a part hereof) be and they hereby are approved and
that the previous approval of said Code is hereby modified to in-
clude an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD.
ByW. A. HARRIMAN,
A administrative Officer.
Approval Recommended:
L. H. PEEBLES,
Division Administrator.
WASHINGTON, D. C.,
May 6, 1935.
134183--1844-13-35 11











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for amendment of Article VI of the Code of Fair Competition
for the Toll Bridge Industry.
The Code of Fair Competition for the Toll Bridge Industry was
approved on May 17, 1934. Article VI, Section 10, provides that:
"(10) All members of the industry shall furnish to the Code Au-
thority, through an impartial agency, such information and reports
as are required for the administration of the Code. In addition to
information required to be submitted to the Code Authority, mem-
bers of the industry subject to this Code shall furnish such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act to such Federal and State
agencies as he may designate; provided that nothing in this Code
shall relieve any member of the industry of any existing obligations
to furnish reports to any Government agency. No individual report
shall be disclosed to any other member of the industry or any other
party except to such other Governmental agencies as may be directed
by the Administrator."
Article VI, Section 12, of said Code, provides that:
"(12) The Code Authority shall cooperate with the Administrator
in regulating the use of any NRA insignia solely -by those members
of the industry who have assented to and are complying with this
Code."
Amendment No. 1 of the Code of Fair Competition for the Toll
Bridge Industry was approved on December 20, 1934, provided, how-
ever, that the first sentence of Section 10 and the whole of Section
12 of Article VI of said Code be stayed pending further order of
the National Industrial Recovery Board.
Subsection (b), Section 8, Article VI, of Amendment No. 1, pro-
vides that:
"(b) To obtain from members of the industry such information
and reports as are required for the administration of the Code."
This Subsection (b) of the amendment is inconsistent with the
first sentence of Section 10, Article VI, of the Code.
The proposed amendment deletes the first sentence of Section 10,
Article VI, of the Code, so that this Section shall read as follows:
"(10) In addition to information required to be submitted to the
Code Authority, members of the Industry subject to this Code shall
furnish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act to
such Federal and State agencies as he may designate; provided that
nothing in this Code shall relieve any member of the Industry of








any existing obligations to furnish reports to any Government
agency. No individual report shall be disclosed to any other mem-
ber of the Industry or any other party except to such other Govern-
mental agencies as may be directed by the Administrator."
Paragraph 2, Subsection (e), Section 8, Article VI, of Amend-
ment No. 1, provides that:
"2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the National Industrial Re-
covery Board. Only members of the Industry complying with the
Code and contributing to the expenses of its administration as here-
inabove provided (unless duly exempted from making such contri-
butions), shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its volun-
tary activities or to make use of any emblem or insignia of the Na-
tional Recovery Administration."
This paragraph 2, Subsection (e), Section 8, Article VI, of the
Amendment is inconsistent with Section 12, Article VI, of the Code.
The proposed amendment deletes Section 12, Article VI, of the
Code, and amends Section 13, Article VI, of the Code, by changing
the Section number thereof from "(13)" to "(12)".
The inconsistencies between the Sections of the Code and the Sec-
tions of Amendment No. 1 are eliminated by the proposed
amendment.
FINDINGS

The Deputy Administrator, in his final report to the National In-
dustrial Recovery Board on said amendment of said Code, having
found as herein set forth and on the basis of all the proceedings
in this matter:
We find that:
(a) The amendment of said Code will eliminate certain inconsist-
encies between Sections of the Code and Amendment No. 1. Said
inconsistencies are occasioned by a conflict in the wording of the
Code and the wording of the model clauses of Amendment No. 1.
The elimination of these inconsistencies have no economic signifi-
cance and will not create any inequitable conditions, as between
members of the Industry.
(b) The amendment of 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 ob-
struction to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade, groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving








unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(c) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7, and
subsection (b) of Section 10 thereof.
(d) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(e) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(f) The amendment 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.
(g) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN, Admllistraltive Officer.
MAY 6, 1935.
Approved Code No. 431-Amendment No. 2.
Registry No. 1713-2-15.















SCHEDULE "A"

Section 10, Article VI of the Code of Fair Competition for the Toll Bridge
Industry is hereby amended by deleting the first sentence thereof so that this
Section shall read as follows:
"(10) In addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish such sta-
tistical information as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act to such Federal and State agencies as he
may designate; provided that nothing in this Code shall relieve any member
of the Industry of any existing obligations to furnish reports to any Govern-
ment agency. No individual report shall be disclosed to any other member
of the Industry or any other party except to such other Governmental agencies
as may be directed by the Administrator."
Section 12, Article VI of said Code is hereby deleted.
Section 13, Article VI of said Code is hereby amended by changing the
Section number thereof from "(13)" to "(12)".
(5)

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