Citation
Amendment to Code of fair competition for the trucking industry as approved on May 6, 1935

Material Information

Title:
Amendment to Code of fair competition for the trucking industry as approved on May 6, 1935
Portion of title:
Trucking industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Trucking -- Law and legislation -- 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. 1411-61."
General Note:
"Approved Code No. 278--Amendment No. 4."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930387 ( ALEPH )
643521894 ( OCLC )

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For sale by the Superintendent of Docurrcents, Washington, D. C. - Price cents


Approved Code No. 278--Amendment No. 4


Registry No. 1411-61


NATIONAL RECOVERY ADMINISTRATION




AMIENDM~BENT TO

CODE OF FAIR COMPETITION

FOR THE


TRUCKING INDUSTRY


AS APPROVED ON MIAY 6, 1935


WE Do OUR PART


UNITED STATES
GOV'ERNMlENT PRINTING OFFICE
WASHINGTON: 1935



























This publication is for sale by the Superintendent of Documents, Government
Printing Office, WFashington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Custombouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200), 80 Federal Street.
Buff'alo, N. Y.: 219 White Building.
Chicago, Ill.: Room 2041, 4100 North Michigan Avenue.
Cleveland, Ohio.: 5'20 Bulkley Building.
Dallas, Tex.: 12121 Rep~ublic Bank Building.
Detroit, Mich.: 415 New Federal Building.
BE-ouston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville. Kyv.: 408 Federal Building.
1Winneapolis, Minn.: 900 Roanoke Buildling.
Nashville, Tenu.: 415 Cotton States Building.
New-ark, N. J.: 4134 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 2141 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okina.: 427i Commerce Exchange Building.
Phiiladelphin, Pa.: 933 Commercial Trust Building.
Pittsburghi, Pa.: 401 Law and Finance Building.
Portland, Or~eg.: 407 Park Buildling.
Providence. R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis,~ M~o.: Suite 1220, 506; Olive Street.
San Francisco, Calif.: Humrlbolt Bank Building, 785 Market Street.
Seattle, 1Yasph.: 17i30 Exc~hange Building.














Approved Code No. 278---Amendmrent No. 4


~AMIENDMEN~T TO CODE OF FAIR COMPIETITIONl
FOR THE

TPRUCKZING IndustryRY'~~

As Approved opn MIay 6, 1935


ORDER

APrrovINGo AMENDMENT OF (7ODE OF FAIR COMPETITION FOR THE
TRUSCKING INDUSTRY.

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
Prreidlent :
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
as amended.
NATIONAL INDUSTRIAL RECOVERY EOARD),
BEy W. A. HARRIiMAN, Admninistrative Ofi~pcer.
Approval recommended:
L. HI. PEEBLES,
Division~l Administrator.
WBBsmwGONo, D. C.,
May 6, 1935.
1341780 -1814-8 35 1













REPORT` TO TH3E] PRESIDENT


The 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
10, 1934.
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.
FINDINiGS

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
rehabilitating industry.









(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,
Admin-istratizte O~fficer.
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
follows :
"' 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-
feasance."
Approved Code No. 278---A~mendlment No. 4.
Registry No. 1411-61.
(4)




















































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UNIVERSITY OF FLORIDA
11I# ll~II11111II II II ll11111111III Illi111
3 1262 08728 5812




Full Text

PAGE 1

Approved Code No. 278-Amendment No.4 Registry No. 1411-61 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY AS APPROVED ON MAY 6, 1935 WE Do OUR PART o-: ,..... ----UNITED STATES GOVERNMENT PRINTING OFFICE W ASHINCTON: 1935 For sale by the Superintendent of Docurr.ents, Washington, D. C. ------• --Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Building. Baltimore, Md. : 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, Mass. : Room 1200, 80 Federal Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill.: Room 204, 400 North Michigan Avenue. Cleveland, Ohio. : 520 Bulkley Building. Dallas, Tex. : 1212 Republic Bank Building. Detroit, Mich.: 415 New Federal Building. Houston, Tex. : 403 Milam Building. Jacksonville, Fla.: 425 United States Courthouse and Post Office Building. Los Angeles, Calif.: 751 Figueroa Street, South. Louisville, Ky. : 408 Federal Building. Minneapolis, Minn. : 000 Roanoke Building. Nashville, Tenn.: 415 Cotton States Building. Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla. : 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg.: 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. Louis , Mo. : Suite 1220 , 50B Olive Street. San Francis co, Calif. : Humbolt Bank Building, 785 Market Street. Seattle, Wash.: 1730 Exchange Building.

PAGE 3

Approved Code No. 278-Amendment No. 4 Al\1ENDMENT TO CODE OF FAIR FOR THE TRUCKING INDUSTRY As Approved on May 6, 1935 ORDER APPROVING AMENDMENT OF ConE OF FAIR Col'lrPETITION FOR THE TRUCKING INDUSTRY. An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial R ecovery Act, approved June 16, 1933, for approval of amendments to the Code of Fair Competition for the Trucking Industry, and an opportunity to be heard having been duly afforded all interested parties and the annexed report on said amendments, containing find ings with respect thereto, having been made and directed to the President: NOvV, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, elated September 27th, 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 provisions and will promote the policy and purposes of said Title of said Act, and does hereby order that said amendments be and they are h ereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amended. NATIONAL INDUSTRIAL RECOVERY BOARD, By W. A. HARRilVIAN, Administrative Officer. Approval recommended: L. H. PEEBLES, Division Administrator. WASHINGTON, D. May 6, 1935. 134178--1844-8-::15 (1)

PAGE 4

REPORT TO THE PRESIDENT The PREsiDENT, The White House. Srn: An application has been duly made pursuant to and in full compliance with the provisions of the National Industrial Recovery Act for two amendments to Article III, Section B of the Code of Fair Competition for the Trucking Industry, approved February 10, 1934. The first amendment, which deletes the word "misfeasance" in the last line of Article III, Section B, Subs ection 7 of said Code and sub stitutes therefor the word "malfeasance ", affords members of Code Authorities a greater protection from any liability arising in the conduct of their official duties under the Code. The second amendment properly extends to members of committees of the Industry which may be appointed by a Code Authority to aid in the administration of the Code, the same protection as is now granted members of the various Code Authorities in carrying out their official duties. The amendments are submitted as revised by the National Code Authority, except for an unimportant change in the numbering of the subsections referred to in said amendments. No objections, criticisms or suggestions were received during the period provided in the Notic e of Opportunity to be Heard, published April 4, 1935. FINDINGS The Deputy Administrator in his final report to 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 Board finds 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 obstructions 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 the trade groups, by inducing and maintaining united action of labor and management under adequate governmental 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 con sumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (2)

PAGE 5

3 (b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Sub ection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof. (c) The Code empow e r 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 monopolie 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 again t 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 members should b e protected from any liability which may arise from an error in judgment on their part where said members perform some po sitive act in good faith in the conduct of their official duties under the Code. (h) The amendment to Subsection 7 of Section B of Article III is designed to and does afford such protection. (i) Members of committees appointed by Code Authorities should be granted the same protection in carrying out their official duties under the Code as is now granted members of Code Authorities in carrying out their official duties. (j) The amendment adding Subsection 8 to Section B of Article III is intended to and does afford such protection. For these reas ons, these amendments have been approved. For the National Industrial Recovery Board: MAY 6, 1935. w. A. HARRIMAN, Administrative Officer.

PAGE 6

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY Article III, Section B, Subsection 7 of said Code is hereby amended by deleting after the fir s t word of the last line the word "misfeasance" and substituting therefor the word "malfeasance". As thus amended, Article III, Section B, Subsection 7 reads as follows: "Nothing contained in this Code shall constitute the members of a Code Authority partners for any purpose. Nor shall any member of a Code Authority be liable in any manne r to anyone for any act of any other member, officer, agent, or employee of a Code Authority. Nor shall any member of a Code Authority exercising reas onable dil igence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under this Code, except for his own wilful malfeasa nce or nonfeasa nce." Article III, Section B of said Code i s hereby amended by adding a new subsection to b e headed" 8 ". Subsection 8 reads as follows: " Nothing conta ined in this Code shall constitute the members of any committee of the Industry, appointed to aid in the administration of the Code, partners for any purpose. Nor shall any member of any such committee be liable in any manne r to anyone for any act of any other member, officer, agent or employee of a Code Authority or of such a committee . Nor shall any member of such committee exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone :for any action or omission to act under this Code, except for his own wilful malfeasa nce or non feasance." Approved Code No. 27 8-Amendment No. 4. R egistry No. 1411-61. (4) 0

PAGE 8

UNIVERSITY OF FLORIDA Ill II 111111 Ill Ill IIIII 11111111111 IIIII 111111111 II 111111 Ill 1111 I I 3 1262 08728 5812