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 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ASHINCTON: 1935 

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Approved Code No. 278-Amendment No. 4 

Al\1ENDMENT TO CODE OF FAIR COM~PETITION 

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 

Recovery 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 findings 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 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 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 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 I NDUSTRIAL RECOVERY BOARD, 

By W. A. HARRilVIAN, Administrative Officer. 

Approval recommended: 

L. H. PEEBLES, 

Division Administrator. 

WASHINGTON, D. C.~ 

May 6, 1935. 

134178°--1844-8-::15 (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 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, Subsection 7 of said Code and 

substitutes 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 Notice 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 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. 

(2) 
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 empower the Code Authority to present the aforesaid 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 be protected from any liability 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) 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 reasons, these amendments have been approved. 

For the National Industrial Recovery Board: 

MAY 6, 1935. 

w. A. HARRIMAN, 

Administrative Officer. 
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 first 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 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 Authority 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 malfeasance or nonfeasance." 

Article III, Section B of said Code is hereby amended by adding 

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 administration of the Code, partners for any purpose. Nor shall any member 

of any such committee be liable in any manner 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 malfeasance or nonfeasance." 

Approved Code No. 278-Amendment No. 4. 

Registry No. 1411-61. 

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UNIVERSITY OF FLORIDA 

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