--- Approved Code No. 431-Amendment No. 1 Registry No. 1713-2-15 

NATIONAL RECOVERY ADIVHNISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

TOLL BRIDGE INDUSTRY 

AS APPROVED ON DECEMBER 20, 1934 

WE DO OUR PART 

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U NITED STATES 

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WASHINGTON: 1934 

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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 AMENDl\fENT OF ConE OF FAIR C ol\IPETITION FOR THE ToLL 

BRIDGE I NousTnY 

An application having been duly made pur uant to and in full 

compliance with the provi ions of Title I of the National Industrial 

Recovery Act, appro'i·ed June 16, 1933, for approval of an amendment to the Code of Fair Competition for the Toll Bridge Indu try, 

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: 

No,v THEREFORE, on behalf of the President of the United 

Stata , the National Indu -trial Recovery Board, pursuant to authority ve ted in it by Executive Orders of the Pre ident, including 

Executive Order o. 6859 elated September 27, 193-!, and otherwise, 

doe hereby incorporate by reference, said annexed report and does 

find that said amendment and the Code as con tituted after being 

amende l comply in all respect with the pertinent provision and 

will promote the policy and purposes of said Title of aid Act, and 

does hereby order that aid amendment b 0 and it is hereby approved, 

and that the previous approval of said Code i hereby amended to 

include an approval of said Code in its entirety as amended. Provided, however, that the fir t sentence of Section 10 and the whole 

of ection 12 of Article YI of said Code be and the ame are hereby 

stayed p nding further order of the National Industrial Recovery 

Board. 

NATIO .. AL I 1rn STRIAL RECOVERY BOARD, 

By "'\V. A. ILJ,RRI IAN, Administ1·ative Officer. 

Approval recommen led : 

L. H. PEEBLE' 

Acting Division Adm,inistrator. 

\VASHINGTON, D. c., 

Dece1nber fJO, 1934. 

104232°-13 5-125-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: An application has been duly made pursuant to and in full 

compliance with the provi ion of the National Indu trial 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 ustain their reasonable share 

of the expenses of the Code Authority and its activities. Such 

1ea onable hare of the expenses of administration shall be determined 

by the Code Authority, subject to review by the Admini trator, 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 

pre ent amendment is therefore proposed to create a legal obligation on the part of the Industry member to pay their pro rata share 

of the expenses of the Code Authority. 

Sub~ection (a), (b), ( c), and ( d), of the present amendment pertain to the dutie of the Code 1\uthority, and the purpose and effect 

of the e provision are to bring the Code as amended to conformity 

with Sedion 7 of the Standard Outline of the Model Code. 

It has developed that Subsection (b) of the propo ed amendment 

i.- incon i tent -with the first sentence of Section 10 of Article VI 

~hich specifie that reports be made by member of the I ndustry to 

the Code Authority through an impartial agency. It has been 

found al ·o that paragraph 2 of Sub ection ( e) of the proposed 

amendment is inconsi tent with Secti n 12 of Article VI which restrict the UFie of NR \_ in ignia to members of the Industry who have 

a ... ented to and are complying with the Code. It is important that 

the Code Authority be empowered to levy mandatory assessments 

on memberf; of the Indu try 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 incon istent provisions now in the 

Code be removed. To save time, this has been done by staying such 

provi~ion with the under ·tanding that the Code Authority will submit, as soon as possible, an amendment deleting such provisions. 

FINDINGS 

The Deputy Administrator, in his fin al report to the National 

Industrial Recovery Board on said amendment of said Supplementary Code, h aving found as herein set forth and on the basis of all 

of the proceedings in this matter : 

(2) 
3 

I t finds that: 

(a) The amendment of said Code an 1 the Code a amended are 

well designed to promote the policieP an d purpo es of Title I of the 

National Industrial Recovery Act including the r emoval of ob::5truction to the free flow of interstate and f oreign commerce which tend to 

diminish the amount thereof, and will provide for the gener al welfare 

by promoting the organization of indn : ry 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 comp 0 titive 

practices by promoting the fullest pos ible utilization of the present 

productive capacity of industries, by avoiding undue rest,riction of 

production ( except as may be tempor arily required) , by incr easing 

the consumption of industrial and agricult ural products through 

increasing purchasing power, by r educing and r elieving 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 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 desiQ"Iled 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. 

F or the National Industrial Recovery Board: 

D ECEMBER 20, 1934. 

w. A. HARRIMAN' 

Adm:vnistrative Officer. 
AMENDl\fEl,T 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 \rticle 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 po,, rs and duties in addition to those authorized 

by other provisions of this Code. 

(a) To insure the execution of the provjsions 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 information 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 provided 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 Recovery Board for th€ 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 administration of this code and to maintain the standards 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 hereinafter Drovided and which shall he held in trust for the 

purpo;e of the Code ; 

(b) To submit to the National Industrial Recovery Board 

for its approYal, subject to such notice and opportunity to 

be heard as it may deem necessary ( 1) an itemized budget 

of its estimated expenses for the foregoing purposes, and 

(2) an equitable basis upon which the funds nee0 ssary to 

support such budget shall be contributed by the members 

of the indu try; 

( c) After such budget and basis of contribution have 

be0 n 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 therefor in its own 

name. 

(4) 
5 

2. Each member o-f the indu try shall pay his or jts equitable 

contribution to the exp-en ·es of the maintenance of the Code Au- thority, determined a · hereinabove provided, and, ubject to rules 

and reo-ulation pertaining thereto ic;sued by the K ational Iudustrial Recovery Board. Only members of the inclustry comply- ing with the Code and contributing to the expense of its admin- i tration as hereinaboYe proYidecl, ( unles duly exempted from 

making uch contribution.,) ·hall be entitled to participate in 

the selection of members of the Code Authoritv or to receive 

the benefit · of any of its Yoluntary actiYitic or 'to make u e uf 

any emblem or insignia of the Tational RecoYery A lministration. 

3. The Code Authority shall neither incur nor pay any obli- gation sub~tantially in exces cf the amount thareof as e ·timated 

in its approved budget, and shall in no event exceed the total 

amount containe l in the approved budget, except upon approval 

of the ational Industrial Recovery Board; and no subsequent 

budg~t shall contain any deficiency item for expenditures in 

excess of the prior budget estimates except those which the 

National I ndustrial Recovery Board shall have so approved." 

Approved Code No. 431-Amendment No. 1. 

Registry No. 1713-2-15. 

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