Amendment to code of fair competition for the toll bridge industry as approved on December 20, 1934

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Material Information

Title:
Amendment to code of fair competition for the toll bridge industry as approved on December 20, 1934
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. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930946
oclc - 645186797
System ID:
AA00008349:00001

Full Text



Approved Code No. 431-Amendment No. I Registry No. 1713-2-15


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION
FOR THE


TOLL BRIDGE INDUSTRY


AS APPROVED ON DECEMBER 20, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For wile by Ihe Superinltn lent of Documents. Washington. D. C. - Price 5 rents


Approved Code No. 431-Amendment No. I


Registry No. 1713-2-15
























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Approved Code No. 431-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

TOLL BRIDGE INDUSTRY

As Approved on December 20, 1934


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR TIHE TOLL
BRIDGE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Compeititon for the Toll Bridge Industry,
and an opportunity to be heard having been duly afforded to all
interested parties and the annexed report on said amendment, con-
taining 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. 6.59, dated September 27, 1934, and otherwise,
does hereby incorporate by reference, said annexed report and does
find that. said amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purposes of said Title of said Act, and
does hereby order that said amendment be and it is hereby approved,
and that the previous approval of said Code is hereby amended to
include an approval of said Code in its entirety as amended. Pro-
vided, however, that the first sentence of Section 10 and the whole
of Section 12 of Article VI of said Code be and the same are hereby
stayed pending further order of the National Industrial Recovery
Board.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Adlmi/nl'ralive Officer.
Approval recommended:
L. H. PEEBLES,
Acting Division Administrator.
WASHINGTON, D. C.,
December 20, 1934.
104232--1385-125-34 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 an 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 8. provides that:
"(8) Members of the Industry shall sustain their reasonable share
of the expenses of the Code Authority and its activities. Such
leaonable share of the expenses of administration shall be determined
by the Code Authority, subject to review by the Administrator, on
the basis of volume of business and/or such other factors as may be
deemed equitable."
The above Section of Article VI in effect provides for voluntary
contribution on the part of the members of the Industry. This
method of providing funds for the proper administration of the
Code has been found to be unsatisfactory. Subsection (e) of the
present amendment is therefore proposed to create a legal obliga-
tion on the part of the Industry members to pay their pro rata share
of the expenses of the Code Authority.
Subsections (a), (b), (c), and (d), of the present amendment per-
tain to the duties of the Code Authority, and the purpose and effect
of thle-e provisions are to bring the Code as amended to conformity
with Section 7 of the Standard Outline of the Model Code.
It has developed that Subsection (b) of the proposed amendment
is inconsistent with the first sentence of Section 10 of Article VI
which specifies that reports be made by members of the Industry to
the Code Authority through an impartial agency. It has been
found also that paragraph 2 of Subsection (e) of the proposed
amendment is inconsistent with Section 12 of Article VI which re-
stricts the use of NRA insignia to members of the Industry who have
assented to and are complying with the Code. It is important that
the Code Authority be empowered to levy mandatory assessments
on members of the Industry since it has not the means to function
until these steps are taken. As the amendment contains only model
provisions it is preferable that the inconsistent provisions now in the
Code be removed. To save time, this has been done by staying such
provisions with the under.-tanding that the Code Authority will sub-
mit, as soon as possible, an amendment deleting such provisions.
FINDINGS

The Deputy Administrator, in his final report to the National
Industrial Recovery Board on said amendment of said Supplemen-
tary Code, having found as herein set forth and on the basis of all
of the proceedings in this matter:







It finds that:
(a) 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 obktruc-
tion 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 coop-
erative action among trade groups, by inducing and maintaining
united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
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 agricuhural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(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 subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) 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.
(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
amendment.
For these reasons, therefore, it has approved this amendment.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
DECEMBER 20, 1934.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE TOLL BRIDGE INDUSTRY

The Code of Fair Competition for the Toll Bridge Industry shall
be amended by deleting Section 8 of Article VI, and inserting in
lieu thereof:
"(8) Subject to such rules and regulations as may be issued by
the National Industrial Recovery Board, the Code Authority shall
have the following pnwIrs and duties in addition to those authorized
by other provisions of this Code.
(a) To insure the execution of the provisions of this Code
and to provide for the compliance of the industry with the
provisions of the Act.
(b) To obtain from members of the industry such informa-
tion and reports as are required for the administration of the
Code.
(c) To use such trade associations and other agencies as it
deems proper for the carrying out of any of its activities pro-
vided for herein, provided that nothing herein shall relieve the
Code Authority of its duties or responsibilities under this Code
and that such trade associations and agencies shall at all times
be subject to and comply with the provisions hereof.
(d) To make recommendations to the National Industrial Re-
covery Board for the coordination of the administration of this
Code and such other codes, if any, as may be related to or affect
members of the industry.
(e) 1. It being found necessary in order to support the ad-
ministration of this code and to maintain the stantdardsl of fair
competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes, and to meet such
obligations out of funds which may be raised as herein-
after provided and which shall be held in trust for the
purposes of the Code;
(b) To submit to the National Industrial Recovery Board
for its approval, subject to such notice and opportunity to
be heard as it may deem nece-sary (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 the members
of the industry;
(c) After such budget and basis of contribution have
been approved by the National Industrial Recovery Board,
to determine and obtain equitable contribution as above set
forth by all members of the industry, and to that end, if
necessary, to institute legal proceedings therefore in its own
name.
(4)








2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the National Indus-
trial Recovery Board. Only members of the industry comply-
ing with the Code and contributing to the expenses of its admin-
istration as hereinabove provided, (unless duly exempted from
making such contributions,) shall be entitled to participate in
the selection of members of the Code Authority or to receive
the benefits of any of its voluntary activities or to make use of
any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obli-
gation substantially in excess cf the amount thereof as estimated
in its approved budget, and shall in no event exceed the total
amount contained in the approved budget, except upon approval
of the National Industrial Recovery Board; and no subsequent
budget shall contain any deficiency item for expenditures in
excess of the prior budget estimates except those which the
National Industrial Recovery Board shall have so approved."
Approved Code No. 431-Amendment No. 1.
Registry No. 1713-2-15.




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