Citation
Amendment to code of fair competition for the air transport industry as approved on December 10, 1934

Material Information

Title:
Amendment to code of fair competition for the air transport industry as approved on December 10, 1934
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:
5 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. 2."

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:
004930979 ( ALEPH )
645228073 ( OCLC )

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Full Text







NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


AIR TRANSPORT INDUSTRY


AS APPROVED ON DECEMBER 10, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


-, Approved Code No. Ill-Amendment No. 2


Registry No. 1741-2--04


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

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Approved Code No. Ill-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

AIR TRANSPORT INDUSTRY

As Approved on December 10, 1934


ORDER

APPROVING AMENDMENTS OF CODE OF FAIR (COMPETITION FOR THE AIR
TRANSPORT INDUS-TRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title 1 of the Nationql Industrial
Recovery Act, approved June 16, 1933, for approval of an Amendment
to Article VII of the Code of Fair Competition for the Air Trans-
port. Industry and opportunity to be heard having been afforded to
all interested parties and any( objection filed having been diuly con-
sidered and the annexed report on said Amendment containing find-
ings with re)pec't 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-
ity vested in it by Executive Orders of the President including
Executive Order No. 6859, dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that the Code, as constituted after being amended, complies 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 modified to include an approval of
said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Adm(in'is.trati've Officer.
Approval recommended:
L. H. PEEBLES,
Acting Division Adminiistrator.
WASHINGTON, D. C.,
December 10, 19334.
102202'-1385-72--34 i11













REPORT TO THE PRESIDENT


The PRESIDENT,
The Wl'hite 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 Amendmeent to the Code of Fair Competition for the Air
Transport Indll-try, the purpose and effect of the Amendment being
the addition of Sections 4 (a), 4 (b), 4 (c), 5, 6 and 7 to Article VII
of the Code covering Fair Trade Practice provisions. Public Hear-
ing on this amendment was held in Washington, D. C. on September
25. 1934.
This imendmnent is submitted in the form as revised in accordance
with objections received. The Amendment limits the amount of
baggage that may be carried free of charge, and among other things
deals with restriction of the issuance of free or reduced fare trans-
portation without unduly limiting the right of any member of the
Industry to utilize sucl free or reduced fare transportation for
educational purpose,.
FINDINGS

The Deputy Administrator in his final report to us on said amend-
ment 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 amendment to said Code and the Code as amended is 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 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 produc-
tive capacity of industries, by avoiding undue restriction of produc-
tion (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 s-tandards of labor, and by otherwise rehabilitating
industry.
(b) The Code a- asamended complies in all respects with the perti-
nent provi.-ions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
.-ection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Indu.stry as a whole.







3

(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, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HAnIMAN,
Administrative Officer
DECEMBER 10, 1934.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE AIR TRANSPORT INDUSTRY

The Code of Fair Competition for the Air Transport Industry
shall be amended by adding to Article VII Sections 4 (Subsections
a. b, c), 5. 6, and 7 as follows:
4a. All articles carried as private luggage of passengers (whether
carried in the baggage compartment or by the passenger in the
cabin), shall be considered as baggage and weighed and charged for
as such.
b. Free Baggage Allowance: Thirty-five (35) pounds of baggage
for each passenger shall be carried free of charge. This provision
doe. not apply to services within either the territories and last point
of departure or first point of landing in the continental United
States.
c. Charge for Excess Baggage: Baggage in excess of thirty-five
(35) pound for each pa.,enlger shall be charged for at the tariff
rate for such baggage. No more than fifty poluids of baggage per
passenger shall be carried, except by special arrangement in each
individual case. This provision does not apply to services within
either the territories of Ala-ka or Hawaii or between such territories
and last point of departure or first point of landing in the continental
United States.
5. No member of the industry shall knowingly withhold informa-
tion requested concerning air transportation facilities, or knowingly
give inaccurate information concerning such facilities.
6. No member of the industry shall defame a competitor by falsely
imputing to him dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by falsely disparaging the
character of his personnel or operation methods or the quality of
his equipment or services.
7. No member of the industry -shall, after December 10, 1934,
directly or indirectly issue or give any free or red(ucedl fare translor-
tation to passengers, except. (1) to Federal Government employees
traveling on Government request for Transportation (Form 1030);
(2) persons traveling on the carrier's business, it. employees, its offi-
cers and directors, surgeons. physicians and attorneys, and the imme-
diate families of employees (the immediate family of an employee to
include only wife or husband, children, parents, sisters and broth-
ers); (3) when on official business, to Post Office inspectors and
officials, Bureau of Air Commerce inspectors and officials, Custom
House inspectors, Immigration inspectors, Air Transport Code Au-
thority officials and employees, and National Recovery Administra-
tion officials traveling on Air Transport Code Authority business;
(4) witnesses in connection with any legal matters in which the car-
rier is interested; (5) persons injured in accidents and physicians
and nurses attending such persons; PROVIDED, however, that this
(4)









provision shall not be construed to prohibit the interchange of passes
for the officers, directors and employees of carriers by air and the
immediate families of employees as described above; nor to prohibit
any carrier from carrying passengers free with the object of provid-
ing relief in cases of general epidemic, pestilence, or other calamitous
visitation; nor to prohibit the issuance of free transportation for
educational purposes on regular scheduled flights not to exceed one
hundred (100) miles or to the next scheduled stop beyond one hun-
dred (100) miles.
Free passes may also be granted for scheduled flights in excess
of a round trip from the point of origin to the next regular scheduled
stop beyond one hundred (100) miles on any route, for educational
purposes, after fifteen (15) days from the mailing date of notice
in writing by the member of the industry in question to the Air
Transport Code Authority. Non-scheduled flights for educational
purposes may be granted within the discretion of any member of
the industry. Educational purposes as herein used means any pur-
pose which clearly serves to demonstrate the merits of air trans-
portation to the public and which may reasonably be expected to
increase air traffic at full tariff rates. Any agreement made in writ-
ing for free transportation, prior to December 10, 1934, by any,
member of the industry, shall not be considered a violation of the
provisions of this section. The provisions of this Section shall not
apply to services within either the territories of Alaska or Hawaii
or between such territories and last point of departure or first point
of landing in the continental United States.
Approved Code No. Ill-Amendment No. 2.
Registry No. 1741-2-04.




UNIVERSITY OF FLORIDA
11l 1111 111 11 I H1111 II85ll 30311 3II lllI
3 1262 08585 3033




Full Text

PAGE 1

Approved C od e No. HI-Amendment No. 2 R e gistry No. 1741-2-04 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE AIR TRANSPORT INDUSTRY AS APPROVED ON DE CEMBER 10, 1934 WE DO OUR PAft't .., u.i. DfiPOlffORV UNITED STATES GOVERNMENT PRINTING OFFIC E WASHINGTON: 1934 • For sale b y t h e Superintende n t of Documents, Washington, D . C . - • • • Price 5 c ents

PAGE 2

" This publication is for sale oy the Superintendent of Documents, Government Printing Office, Washington, D. 0., and by district office s of the Bureau of }oreign and Dome stic Commerce. DISTRlCT 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. Oha1 : Ieston, S. ,0.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Sltreet. Cleveland, Ohio • : ' Chamber of Commerce. 1 Dallas, Tex. : Chamber 0f Commerce Building. Detroit, Mich.: 801 Fi.llst National Bank Building. Eonston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Feder.al Btl.ilding. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa. : 1Cbamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: -so9 Federal Office Building.

PAGE 3

Approved Code No. 111 -Amendment No. 2 A MENDMENT TO CODE OF FAIR COMPETITION FOR THE A IR . TRANSP O RT INDUSTRY As Approved on December 10, 1934 ORDER .APPnonNG ..:-\..)IENDMENTS OF CoDE OF FArn. Col\IPE'l'ITION FOR THE Am TRANSPORT INDUSTRY An a1Jplication haying bAen duly made pursuant to and in full compliance with the provisions of Titie I of the Nationv. Industrial Recovery Act, approved June 16, 1933 , for approval of an Amendment to Article VII of the Code of Fair Competition for the Air Transport Industry and opportunity to be heard having been afforded to all interes t e d parties and any obje c tion filed having been duly con-idfred and the annexed report on said Amendment containing findings with re -pect thereto having been made und directed to the President: No,v, THEREFORE, on behalf of the Pre:;ident of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President including Executi, e Order No. 6859, elated September 27 , 1934, and otherwise, does hereby incorporate by reference said annexed report and does find that the Code, as constituted after being amended, complies in all respect s with the pertinent provis ion s and will promote the policy and purposes of said Title of said Act., and doe s hereby order that , aid Amendment be and it i s hereby approved and that the previous approval o:f said Code is hereby modified to include an approval of Eaid Code in it entirety a s amended. NATIONAL INDUSTRIAL RECOVERY BOARD, By W. A. HARRIMAN, Administrative Offi cer. Approval recommended: L. H . PEEBLES, Acting Division Administrator. " T ASHINGTON, D. c., D e o e m , ber 10, 19 34. 10220~01 385 72-34 (1)

PAGE 4

REPORT TO THE PRESIDENT Th" PRESIDEXT, The 1 V hit e House . Srn: An application has been duly made pursuant to and in full compliance with the provision of the National Industrial Recovery Act for an Amendment to the Code of Fair Competition for the Air Tra n sport Industry, the purpo e and effect of the Amendment being the a lditio n of S ections 4 (a), 4 (b), 4 ( c), 5, 6 and 7 to Article VII o f t he Cod e c ov ering Fair Trade Practice provis ion . Public Hearing o n thi am endment -.;;;a held in Washington, D. C. on September 25. 1934. This amendment i . ubmitte 1 in the form us revised in accordance with objection . r e"ei--red. The Amendment limits the amount of baggage that may b e carried free of charge, and among other things deal s with 1e-triction of the issuance of free or reduced fare transportation :j.thout unduly limiting the right of any member of the Indn try t o utilize . uch free or reduced fare trans p-0rtation for ednc ationa.l purpo. e...:. FINDINGS The Deputy Administrator in his final report to us on said amendment to c::aid Code having found as herein set forth and on the basis of all the proce e dinos in this matter: '\Ve find that: (a) The amendment to said Code and the Code as amended is well de signed to promote the policies and purposes of Title I of the National Induc::trial Recovery A.ct including the removal of obstructions to the free :flm, of interstate and foreign commerce which tend to dimini. h 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 management under adequate govermnental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest pos ible utilization of the pre.sent productive capacity of industries, by avoiding undue restriction of production (except a s 1uay be temporarily required), by increasing the con -umption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving ...:tandards of labor, and by otherwise rehabilitating industry. (b) The Cod e a amended complies in all respects with the pertinent provis ion s of sa.id Title of said Act, including without limitation Sub ection (a) of • ection 3 Sub ection (a) of Section 7, and Subs e ction (b) o f Se ction 10 thereof. ( c) The Code empowers the Corle Authority to present the aforesaid amendment on behalf of the Industry a s a whole. (2)

PAGE 5

3 ( d) The amendment and the Code a 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 0 the economic process have not been deprived of the right to be heard prior to approval of said amendment. For these reasons, this amendment has been ap proved. For the National Industrial Recovery Board: DECEJ\ffiER 10, 1934. -w. A. I-lARRil\fAN' A _ dnifnist,rativQ Offe_cer.

PAGE 6

AMENDwlENT TO CODE OF FAIR CO iPETI'l'ION FOR THE AIR TRAN, PORT INDUSTRY The Cod e of Fair Cornp e6tion for the Air Transport Industry shall b e amended b y adding to Article VII Sections 4 (Subsections a , b , c ) , 5: 6 , and 7 a s follow s : 4a. All article.., carried a . priYate luggage of pa enger ( whether carried in the baggage compartment or by the passenger in the cabin), shall b e con. _ idered a baggage and vreighed and charged for a. uch. b. Free Baggage Allowanc e : Thirty-five (35) pounds of baggage for each passenger shall be carried free of charge. This provision doe:-i not apply to service. within either the territories and last point of departure o r fir t point of landing in the continental United States. c . Charge for Exce. s Baggage: Baggage in exc.:e. s of thirty-five (35) pounds for e a c h pa:-senger shall be charged for at the tariff rate :for such baggage. No more than fifty pom1d s o:f baggage per passe n oer shall be carried, except by s pecial arrangement in ea c h individual c a se . Thi, provi ion doe s not apply to se rvice s within eithe r the territorie of Ala.ka or Hawaii or b e tween s uch territories and la t point o:f departure or fir. t point of landing in the continental Unit eel States. 5 . No m e mb er of the in lu try shall knowingly withhold infonnation reque ted con cerni n g air transportation :facilities, or knowingly give inac cura t e informatio n con cerning s u c h :facilities . 6. No m ember o:f the indu try hall defame a competitor by fal. ely imputing to him di, honorable conduct, inability to perform contracts, qu estionable <.;redit tanding, or by falsely di. paraging the character of hi, p e r son nel o r operation methods or the quality of his equipment o r . e rvice . 7. o member of the indu. try . hall, after December 10 1934 directly or indirectly i. s u e or gi, e any free or r el luced fare tran portation to passenge r , , except ( 1) to Federal Government employees traveling on Go,ernment request for Transportation (Form 1030) ; (2) per ons traveling on the carrier's busi ne ss, it employees, its officer s and directors, c.:urgeons: phys i cians and attorneys , and the immediate :familie s of employee (the immediate family o:f an employee to include only wife or hu . band, children, parents, . i -ters and brother_.); (3) when on official bu ine . , to Pos t Office inspector and officials, Burea u of Air Commerce ins pe ctors and offic ials, Cu s tom Hou. e ins pe ctors, Immigration in spectors, Air Transport Code Authority officials and employees, and National Recovery Administration offici.'tls traveling on Air Transport Code Authority busines s ; ( 4) witne ~ . es in c onne ction with any legal matte r s in which the carrier i ~ intere t e cl; ( 5) per.-on s injured in accidents and phy ician:' and nur. es attending s u h per. on. ; PROVIDED, however, that this ( 4)

PAGE 7

5 provision shall not be construed to prohibit the interchange of pass es for the officers, directors and employees of carriers by air and the immediate fa1nilies of employees as described above; nor to prohibit any carrier from carrying passengers free with the object of providing relief in case~ of general epidemic, pestilence, or other calamitous visitation; nor to prohibit the i ss uance of free transportation for -educational purposes on regular scheduled flights not to exceed one hundred (100) miles or to the next scheduled stop beyond one hundred (100) miles. Free passes may also be granted for scheduled flights in excess of a round trip from the point of origin to the next regular scheduled stop beyond one hundred (100) miles on any route, for educational purposes, after fifteen ( 15) days from the 1nailing date of notice in writing by the member of the industry in question to the Air, Transport Code Authority. Non-scheduled flights for educational purposes may be granted within the discretion of any _member of the industry. Educational purposes as herein used means any purpose which clearly serves to demonstrate the merits of air transportation to the public and which may reasonably be expected to increase air traffic at full tariff rates. Any agreement made in writing for free transportation, prior to December 10, 1934, by any; 1nember of the industry, shall not be considered a violation of the'. provisions of this sttction. The provisions of this Section shall not apply to services within either the territories of Alaska or Hawaii or between such territories and last point of departure or first point of landing in the continental United States. Approved Code No. 111-Amendment No. 2. Registry No. 1741-2--04. 0

PAGE 8

UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II llllll 111111111111111111111 3 1262 08585 3033