Citation
Amendment to code of fair competition for the air transport industry as approved on February 26, 1935

Material Information

Title:
Amendment to code of fair competition for the air transport industry as approved on February 26, 1935
Portion of title:
Air transport 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:
Aeronautics, Commercial -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1741-2-04."
General Note:
"Approved Code No. 111--Amendment No. 3."

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:
004930982 ( ALEPH )
645227276 ( OCLC )

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This item has the following downloads:


Full Text






NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION

FOR THE


AIR TRANSPORT INDUSTRY


AS APPROVED ON FEBRUARY 26, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


t of
For ale by the Superintendent of Documents. Washington, D.C. - Price 5 cents


UNIV. OFP FL LO.
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U.S. DcE~m


Approved Code No. Ill-Amendment No. 3


Registry No. 1741-2--04
























This publication is for sale by tie Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
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Approved Code No. Ill-Amendment No. 3


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
AIR TRANSPORT INDUSTRY

As Approved on February 26, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE AIR
TRANSPORT 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 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.
Approval recommended:
L. H. PEEBLES,
Division. Administrator.
WASHINGTON, D. C.,
February 26, 1935.
117839 -1603-24--35 I1\












REPORT TO THE PRESIDENT


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.
FINDINGS
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-
habilitating 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 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
amendments.
(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
this Industry.
For these reasons, these amendments have been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
FAdministrative Officer.
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
follows:
"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.
(4)

















































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Full Text

PAGE 1

Approved Code No. 111-Amendment No. 3 Registry No. 1741-2-04 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE AIR TRANSPORT INDUSTRY AS APPROVED ON FEBRUARY 26, 1935 WE DO OUR PART UNIV. 01' FL LIi. UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, Washington, D. C. - • • • Price 5 centa

PAGE 2

This publication is for sale by tne ;:;uperintendent of Documems, Government Printing Office, Washington, D. C., and b y district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Offi c e Building. Birmingham, Ala. : 257 Federal Building. Bo s ton, Mass . : 1801 Customhous e. Buff alo, N. Y.: C hamber o f Commerce Building. Charles t on, S. C. : Cbamber of Commerce Building. Chicago , Ill.: Suite 1706, 201 North W e lls Street. Cl eveland, Ohio : Chamber of Commerce. Dallas, T ex. : Cliamber of Commerce Building. Detroit, Mich.: 801 First National B ank Building. H o u s t o n, Tex. : Chamber of Commerce Building. Indianapo lis, Ind.: Chamber of Commerce Building. Jack sonville, Fla.: Chamber of Comm e r c e Building. Kansas C ity, M o.: 102 8 Baltimore Avenue. Lo s Angel es , Calif. : 1163 South Broadway. L ouisv ill e, Ky.: 4 08 F ederal Building. Memphis, Tenn. : 229 Feder a l Building. :M:inne apolis, Minn.: 213 Federal Building. New Orleans, L a.: R oom 225 -A, Custom h o use. New York, N. Y : 734 C ustomhouse. Norfolk, V a. : 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trus t Building. Pittsburgh, Pa.: Chamber o f Commerce Building. Portland. Oreg.: 215 N e w Post Office Building. St. L oui , Mo.: 506 Olive Street. San Francisco, Calif. : 310 C ustombouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 111-Amendment No. 3 Al\1ENDMENT TO CODE OF FAIR COMPETITION FOR THE AIR TRANSPORT INDUSTRY As Approved on February 26, 1935 ORDER APPROYIXG AMENDMENT OF ConE OF FAIR Col\IPETITION FOR THE Arn TRANSPORT 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 amendments to the Code of Fair Competition for the Air Transport Industry, and an opportunity to .. be heard having been duly afforded all interested parties and the annexed report on said amendments, containing findings with respe c t thereto, having been made and directed to the President: NO,v, 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 ExecutiYe Order No. 6859, dated September 27, 1934, and otherwise; 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 re pects with the pertinent provisions and will promote the policy and purposes of said title of .-aid 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 aid Code in its entirety a amended. NATION AL INDUSTRIAL RECOVERY BOARD, By ,,r. A. HARRil\IAN, Adniinistrative Offic e1. ApproYal recommended: L. H. PEEBLES, Division Acl?ninistrator. ,v A HIKGTON' D. c. F e b1uary B6, 19 3 5 . 117830-1603-24-35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White H oitse. Srn: An application has been duly 111.ade 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 IndustrJ 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 pertinent provisions of the Air Transport Code to the Air Transport Industry in Hawaii. 2. The addition of a new Section covering Publicity and Advertising 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. FINDINGS The Deputy Administrator in his final report to us said amendments 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 an 1 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 trade groups, by inducing and maintaining united action of labor and 111.anagement under adequate governmental sanction and supervis ion, by eliminating unfair competitive practices, by promoting the fullest pos sible 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 products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof. ( c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the Industry as a whole. (2)

PAGE 5

3 ( 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 enterpri es 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 amendments. (g) Tl~e 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 this Industry. For these reasons, these amendments have been approved. For the National Industrial Recovery Board: . w. A. HARRIMAN, FEBRUARY 26, 1935. Administrative Officer.

PAGE 6

A~fENDl\fENT TO CODE OF FAIR CO~fPETITION FOR THE AIR TRANSPORT INDUSTRY Section 3 of Article II of the Code of Fair Competitiol). for the Air Transport Industry hall be amended so as to include the territory of Hawaii in the territory includ ed in the S.action o that the said Section will read a follows: "The term 'Industry ' includes all public carriers for hire by aircraft for pas. 0ngers, and/or mail, and/or cargo on scheduled operation and scr-Yice incid ental thereto within the several States of the United States, the Di trict of Columbia, an l the territories of Alaska and Hawaii, and nch branches or subdivis ions thereof a may from time to time, be included by the President under the provision of this Code, but doe not include scheduled operations and/or serYice incidental the reto not -nithin the severa l State of the United State the District of Columbia, and the territories of Ala ka an l I-Ia-naii. ' The Cod of Fair Competition for the Air Transport Industry shall be amen led by acldinoto Arti le VII a new Section, as follow : "Publicity ancl Adve 1 tising.-Jo memb0r of the Industry shall either directly or through an agent publi h or contract for the pub li hing of advertising ( -n~hether printed, radio, di play or of any other nature) which i s misleading or inaccurate in any material particular; nor in any way h1i represent any values, policies or service , or the nature or form of the bu ine s conducted." ApproYed Code No. 111-Amen
PAGE 7

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