Approved Code No. 266 Registry No. 1417-14 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

INLAND WATER CARRIER TRADE 

IN THE EASTERN DIVISION OF THE 

UNITED STATES OPERATING VIA 

THE NEW YORK CANAL SYSTEM 

AS APPROVED ON FEBRUARY 6, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRlNTING OFFICE 

WASIDNGTON t 1934 

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Approved Code No. 266 

CODE OF FAIR COMPETITION 

FOR THE 

INLAND WATER CARRIER TRADE IN THE 

EASTERN DIVISION OF THE UNITED STATES 

OPERATING VIA THE NEW YORK CANAL 

SYSTEM 

As Approved on February 6, 1934 

ORDER 

APPROVIN G CoDE OF FAIR CoMPETITION FOR THE INLAND WATER CARRIER TRADE IN THE EASTERN DIVISION OF THE uNITED STATES 

OPERATING vrA THE NEw YoRK CANAL SYsTEM 

An application having been duly made fursuant to and in full 

compliance with the provisions of Title I o the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Inland W ater Carrier Trade in the Eastern 

Divi ion of the United States operating via the New York Canal 

ystem, and hearings having been duly held thereon and the annexed r eport on said ode, containing findings with respect thereto, 

having be n made and directed to the President: 

NOW THEREFORE, on behalf of the President of the United 

tate , I , Hugh S. Johnson~ Admini trator for Industrial Recovery, 

pursuant o authority Yested in me by E xecutive Orders of the Pres- j lent, incluclino· Ex cutive Order No. 6543-A, dated December 30, 

1 33, and otherwis · do hereby in orporate by reference said annexed rep rt and do find that said Code complies in all respects 

with the pertinent provi ions and will promote the policy and pur- P es of ail itl of said Act · an do hereby order that said Code 

of 1 air omp tition be, and it i hereby approved. 

Adn~inistrator 

Appro' al rc ommend d : 

K . f. ~I ON, 

Di'L•ision Administrator. \Y_\ II-- TO. T' 

Febr·uary 6 1934. 

38004"----370-24----34 (281) 

H uGH S. JoHN oN 

f or Industrial R ecovery. 
REPORT TO TI-lE PRESIDENT 

The PRESIDENT, 

The vVhite House. 

Srn: The Code of Fair Con1petition for the Inland Water Carrier 

Trade in the Eastern Division of the United States operating via 

the New York Canal System has been duly assented to by the proponents of the code, the Canal Carriers Association, representing 

over 90% of the operators in the Trade. The Public Hearing was 

conducted in Washington on November 27, 1933, at which time 

every person who so requested was fairly heard in accordance with 

the usual procedure. The Code has the approval of the Industrial, 

Consumers', and Labor Advisory Boards of the National Recovery 

Administration. 

DESCRIPTION OF THE TRADE 

As defined in the code the trade embraces a specialized operation 

by means of which a substantial portion of the commodities moving 

between the Atlantic seaboard and the Great Lakes region are 

transported by way of the New York Canal System and the Saint 

Lawrence River. 

The code is designed to be coordinated with a proposed code of 

fair competition for the Inland Water Carrier Trade in the United 

States which may become. a section of a general code of fair competition for the Shipping Industry. 

RESUME OF THE CODE 

ARTICLE I.-States the purpose. 

ART. II.-Sets forth definitions. 

ART. IlL-Provides for coordination with other transportation 

codes or regulations. 

ART. IV .-Provides for participation by 1nembers of the trade. 

ART. V.-Eliminates child labor, contains the labor provisions required by the Act, provides an Industrial Relations Board to deal 

with matters relating to labor disputes in the trade. 

ART. VI.-Provides a maximum average of 43 hours weekly for 

shore employees other than watchmen who are permitted to work 

56 hours per week. The maximum hours of labor for vessel employees will be in accordance with the revised schedule of wage 

scales and working conditions to be presented for the approval of 

the Administrator within 60 days after the effective date of the 

Code, or before the opening of navigation. Ship-keepers and employees in a managenal, supervisory, or executive capacity are exempted from the maximum hour provisions. In an emergency all 

employees may be exempted from the maximum hour provisions 

(282) 
283 

if comp n at d :for uch additional time worked at ne and ne 

half tim the normal rate of pay. ART. VII.-Provid a minimum of $15.00 per week for ·h re 

em1 l e xc pting ffice bo and girls who may be mpen ated 

at 0 7< f tha am unt. Provi ion is made for a comprehen ive ur~ 

ve of the labor condition and rates of pay on board ship and pro~ 

vide for the e tabli lunent of an adjusted schedule of minimum 

"'aaes · and workin; condition 1 i n d to better effectuate the 

polici f he A t . ... -lilT. VIII.-Provides for the establi.'hment of minimum rate , fare , and charges as part of a general plan for coordinating inland 

waterway tra11 portation wi h other tran portation media and r gulatina that portion of the trade not now supervi e l by State or 

Fed ral regulatory bo lies. 

ART. IX.-Requires the filing of tati tics as required by the Code 

Authority the Administrator, or other Federal and State agencies. 

AnT. X.-Provides for the election and duties of the Code Authority. ART. XI.-Sets :forth trade practices that are considered unfair 

method of competition. 

ART. XII.-Pro,ides again t monopolies and monopolistic practice or the elimination of, oppression of, or discrimination against 

small enterprise . ART. XIII.-Provides for, in accordance with the provisions of the 

Act the cancellation or modification of any order, license, rule, or 

regulation issued hereunder, by the President of the United States. 

ART. XIV.-Is designed to limit the possibilities of frustrating 

the intent and purpose of the code and its stabilization clau.se when 

long-t rm contracts exist. 

AnT. XV.-Declares the code to be effective 10 days after approval 

except as provided in Article XIV Se tion 1. 

LABOR PROVISIONS OF THE CODE-POS IBLE REEMPLOYMENT 

Stabilization of this trade will in all probabilitY. provide a small 

amount of additional mploym nt and benefits Wlll accrue to hipbnildin and shi repair yards for rehabilitation of old equipm nt. 

Th col ts a ma.~ imum of 44 hours for shore employees durina th 

p ak a on repre enting a de i led drop from the 60 hours preion ly orked in om in tances. The number of shore empl yees 

j . o mall, howev r that pr bably not more than 50 aclditi nal hore 

mpl .. - ' ill be mployed as a result of this maximum hour 

1 ron ·1 n. 

In l ca. e of es l mpl y , due to th complexiti s of 1 

perati n and th limit d fa iliti s for berthing cr ws it wa n t 

d nm ractical to a t mp a ra. ti chang in the pre nt h ule 

.f h ur without fir t making a ompr h n ive ,surv y f the labor 

an l p rating c n liti n in th trade. 

Pr YL i n ha be n made in th code for thi urv whi h h< rg . 

the cl uthori y with th r p n ibility f ubmitting to the dmini. trat r within ixty day aft r the ffec ive clat f th od 

a r vi 1 . h lul 1 of minimum wage and w rking on liti ns 

aboard e 1 in th trade which will tend to bett r ff ctuate the 
284 

policies of the Act. This survey will be completed before the opening of navigation in the spring. The code further provides the establishment of an Industrial Relations Board to deal with matters relating to labor disputes. 

WAGES 

The code provides a m_inimum of $15.00 per week for shore employees with the exception that office boys and girls may be compensated at 80% of that amount. Few employees in the trade 

are compensated at these minimum rates. The code will effect little 

increase in wages for shore labor except in the case of watchmen 

who are assured of an increased pay envelope for a 30% shorter 

week. 

GENERAL ECONO:frfiC EFFECT OF THE CODE 

F or the purpose of cooperating in a general plan towards the 

stabilization of the transportation industry as a whole the code provides for the establishment of minimum rates, fares, and charges 

for that portion of the trade not now regulated by State or Federal 

regulatory bodies. 

Provision is made for such minimum rates to be established by 

the majority vote of the members of the code, such minimum rates 

are, however, subject to the disapproval of the Administrator before 

becoming effective. 

vVhen effective these minimum rates may be protested when it is 

felt that they are discriminatory and the Administrator in event of 

protest shall consider the examination and recommendation of the 

Division of Regulations of the United States Shipping Bureau, Department of Commerce, or the Interstate Commerce Commission, 

before making his final decision. 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the 

proceedings in this matter : 

I find that-

( a) Said Code is well designed to promote the policies and pur- poses· of Title I of the National Indu trial Recovery Act, including 

removal of obstructions to the free flow of inter tate and foreign 

comn1.erce which tends to diminish the amount thereof and will pro- vide 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 sanctions 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, 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 Inland Water Carrier Trade in the Eastern Division o£ 

the United States, opera tin 0' via the New York Canal System normally employs less than 50,000 employees; and is not classified by me 

as a major industry. 
2 5 

(c) Th 

R p ctfully 

HuoH S. JoHNSoN, 

A dtminis trat or. 

FEBR ARY 6, 1934. 
CODE OF FAIR COMPETITION FOR THE INLAND WATER 

CARRIER TRADE IN THE EASTERN DIVISION OF THE 

UNITED STATES OPERATING VIA THE NEW YORK 

CANAL SYSTEM 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are submitted as a Code of 

Fair Competition for the Inland Water Carrier Trade in the East- ern Division of the United States operating via the New York Canal 

System and upon approval by the President shall be the standard 

of fair competition for such trade and shall be binding upon every 

member thereof. 

ARTICLE II-DEFINITIONS 

"Eastern Division of the United States" includes all inland 

waters within the territory between Eastport, Maine, and ICey West, 

Florida, westward to, but not including, the Mississippi waterway 

system or the Great Lakes, but including the St. Lawrence River. 

"Inland Water Carrier Trade " or " trade ", as used herein, means 

the transporting of freight or passengers by water via the New York 

Canal system or the St. Lawrence River to or from ports in the 

Eastern Division of the United States and the Great Lakes, includjng intermediate ports on the New York Canal System, but excluding, however, the trade engaged solely in the transportation of 

petroleum products. 

"Member of the trade" includes, but without limitation, any indi- vidual, partnership, association, corporation, or other form of enterprise operating owned or chartered vessels in the trade either as an 

employer or on his or its behalf. 

"Member of the Code" means any member of the trade to whom, 

in accordance with the provisions herein, a Certificate of Participa- tion has been issued. 

"Act" "Administrator" and "President" as used herein means 

respectively, ' the National ' Industrial Recovery ' Act, the Adminis ' ' -

trator for Title I of the Act, and the President of the United States. "Emergency" means that situation whereby a danger or menace 

to the safety of a vessel, cargo, life, or property exists, or where the 

interruption of continuous processes would invoke an undue hardship upon a member of the trade by undue and excessive increase 

of operating costs. 

"Employee" means any individual engaged in the trade, however 

compensated, except a member of the trade. "Shore employee" 

means an employee in the trade who is not a member of the crew 

of a vessel, and "vessel employee" means an employee in the trade 

who is a member of the crew of a vessel. 

ARTICLE III-CooRDINATION 

1. The Administrator may at his discretion mah" this Code a 

division or subdivision of a general Code of Fair ( ., ,tpetition for 

the Shipping Industry. 

(286 ) 
2 7 

2. Th Adn1inistrator may coordinate the pr visions or this ode 

or Fair mp tition ~ ith r t ted reoulations, codes, or &.green ents, 

re pee ing oth r tran portation media. 

i.RTI 'LE IV-PARTICIPATION 

1. Any memb r of the trade shall be eligible to receive a Certificate f arti ipation b filing ri ten a.ss~nt to the pro i ions or this 

Code and agr ein to hare in the proportional expenses thereof as 

provided for in ppendix I. 

2. ommen ing thirty days after the effective date of tllis Code 

ev-ery bill of ladin0 , dock receipt, or other shipping document issued 

by a member of the Code shall bear the following notation: ' Subscriber to and participant in, the Code of Fair Competition for the 

Inland "\Vater Carrier Trade in the Eastern Division of the United 

Stat operating via the New York Canal System No. - -." 

ARTICLE V- GENERAL LABOR PROVISIONS 

1. Employees shall have the right to organize and bargain collectively through representatives or their own choosing, and shall be free 

from the interferen e, re traint, or coercion of employers of labor, or 

their agent ' in the designation or such representatives or in selforganization or in other concerted activities for the purpose or collective bar aining or other mutual aid or protection; no employee 

and no one seeking employment shall be required as a condition or 

employment to join any company union or to refrain from joining, 

organlZin or assisting a labor organization of his own choo in ; em- ployer shall comply with the maximum hours of labor, nlinimum 

rate of pay, and other conditions of employment, approved or 

pre cribed by the President. 

2. No member of the trade shall employ any person under eio·hteen 

year of ag ; provided, however, that persons sixteen years of age 

or over may be enga ed as office or clerical employees. 

3. No employ r shall reclassify employees, or duties of occupa ion , •r ngaoe in other subterfuge in such manner as to defeat the provi ion and purpo e of the Act and of this Code. 

4. No pro i ion of this Code shall supersede any State or Federal 

law whi h imp e more stringent r quirements regulating th age 

of employ , wag , hours of work, or safety, health, sanitary, or 

gen ral rking conditions, or insurance or fire protection, than aro 

provided herein. 

5. mpl rs hall po t copi s of the part or thi ode pertatinwarr , h r of labor , n g n ral labor pr isions in 1 la 

ac ibl to cir mploy 

6. Th re hall b '· ·tabli. he 

Relation oar for h t ade 

re entati e. f mpl r. and mploy t d < 1 with all mat r. in 

th rad r ]a inCT to labor dj put . . Th r ati n and fun ·ti nin()' 

of thi oard in lu 1ino- th lertion of th r pr ntatiY<' of mpl y ·h ll in a ·ordan ·e with e tion 7 t the t. Wh r a 

majority a r m nt ann t be r a ·h d th ard hall .·cl ·ct, or in 

the v nt of n l ction the Administra r .·hall appoint, an in•.-

partial h in 1an t r n r a d i i n. If no truly repr . entative 
288 

labor organization exists the employee members of such Board may, 

upon request of the Administrator, be chosen by the Labor Advisory 

Board of the National Recovery Administration. The employer 

representatives shall be chosen by the Code Authority. The Industrial Relations Board may establish such subsidiary agencies constituted in like manner as it finds necessary. This section shall not be 

deemed to provide final arbitration of labor disputes unless both 

parties thereto assent. 

ARTICLE VI-HouRs OF LABOR 

1. No shore employee, except outside salesmen, solicitors, and 

watchmen shall be permitted to work in excess of forty hours in 

any one week, between December 1st and April 1st; nor in excess of 

forty-four hours in any similar period between April 1st and 

Decem her 1st. 

2. No shore employee engaged in the capacity of watchman shall 

be permitted to work in excess of fifty-six hours in any one week. 

3. The provisions as to hours of labor as provided herein shall 

not apply to those employees in a managerial, supervisory, or executive capacity who receive $35.00 or more per week; or to ship keepers 

on vessels in laid-up or inoperative status. 

4. The maximum hours of labor of vessel employees shall be in 

accordance with the schedule of working conditions provided for in 

Article VII, Section 5. 

5. The maximum hours of labor prescribed herein shall not apply 

to any employee engaged on emergency work, provided that any 

employee required to work additional hours under the exemption 

allowed by this article shall be compensated for such additional time 

worked at one and one half times the normal rate of pay. 

ARTICLE VII-WAGES 

1. No shore employee shall be paid at the rate of less than $15.00 

per week except office boys and girls who may be compensated at not 

less than eighty percent of that amount, provided that the total 

number of those so compensated shall not exceed five percent of the 

total numbBr of office employees with a minimum of two. 

2. No shore watchmen shall be paid less than forty cents per hour. 

3. The minimum monthly rate of pay for vessel employees with 

subsistence 1. and suitable living quarters shall be as follows: 

Class of vessel Class of vessel 

Rank Tug Motor Non- Rank Tug Motor Non- or pro- or prosteam pelled steam pelled vessel vessel vessel vessel -- -- Captain. _________________ $200.00 $200.00 $90.00 Cook and steward ________ $70.00 $70.00 Mate ___ __________________ -------- 150. 00 150.00 --------- Mess boys. ___ ------------ 50.00 50.00 D -------- eckhand ____ ____________ 60.00 50. 00 --------- Watchmen _____ ----- _____ -------- 70.00 -------- Chief engineer ____ ________ 160.00 160.00 --------- Wheelsman __ ------------ ------ -- 90.00 -------- First assistant engineer_ __ 140.00 140.00 --------- Oilers ____________________ 70.00 70. 00 --------- Second assistant engineer_ 125. 00 125.00 --------- Firemen __ --------------- 70. 00 70.00 ------- - Radio operator_ ______ _ ~-- 90.00 90. 00 --------- Ship keepers~------------ 40.00 40.00 $40.00 

t This rate allowed only on vessels in laid-up inoperative status. 

1 Not provided to employees on nonpropelled vessels or ship keepers. 
289 

The foregoing m1n1mum wage schedule . hall be eff cti ve only 

un il uper eded by an adjusted age scale a provided f r h r in, 

pro id d however that in no event shall rat s of pay exi ting 

N ovemb r 15, 1933, be reduced. 

4. Within 10 days after the effective date of thi ode each 

member of the trade shall submit a report to the ode Authority on 

the wao-e and working conditions in effect on he ves el operated 

by that member. 

5. The Code Authority upon receipt of this inform, tion shall 

compile an adjusted chedule of minimum -wages for all cla ifications 

of ve el employees on all types of vessels operating within the 

limits of this code and compile a schedule of working conditions 

which will tend to better effectuate the declared policy of the Act. 

The ode Authority shall submit such schedule of wages and working conditions to the Administrator within sixty day after the 

effective date of this Code. 

6. Such schedule when approved by the Administrator shall become a part of this code and a violation thereof by a member of the 

trade shall be a violation of the code. 

ARTICLE VIII- TARIFFS 

The Inland Water Carrier Trade has been in a chaotic state for 

a number of years due to the erious and unrestrained competition 

both from within the trade it elf and with competing transportation 

media. To end these des ructive practices provision mu t be made 

for the establishment of minin1um rates, fares, and charges by the 

members of the trade. 

That a nee l for such regulation exists is borne out by a report 

of the Inter tate Commerce Commission of Augu t 5, 1933, hich 

read in partthe unr trnined and destructive competition between moto r carrier , between 

water arrier , and of both with rail carriers, i not only having an unduly 

depres ing ffect upon the revenue of the rail carrier but i exerting u 

di organizing influence upon busine s in general and tending to prevent the 

maintenan e of a table and nondi ·riminatory ra c a lju tment by the rail 

carri r.. The e conditi n will un <.l ubt · clly exist n. long ns interstate motor 

and wat r carrier are ex mpt from r quir ments that their rates b publi heel 

and maintain d on a r as('nably taule and nondi. ·criminatory ba · . 

.,.ntil su h time a the Con r has b en nabled t study uch 

r omm nd tion a ay be ubn i ted to it and enact appropriate 

l o-i lati n the followino· provision are rna le in this ode f Fair 

' mpe i ion f r th pur o e of cffe ting bilization of the trade. 

1. a) he o 1 uth rity shall immedi, tely d signa a Tariff 

ommittee comp ·eel f three memb r f the ode to deal with 

rate far , and ch rg s. Thi mmitt e shall ndea or to effect 

a o-re m nt · with c mpcting tran portation m dia on a differ nt1al 

a i unci r ra'l rat , an l . hall give du r O'ard to the lowest 

rea onabl c t of r i in 1 t rmining minimum tariff .. (b) n h low . t r a n, IJl c st shall ompr h n 1 fair an r asonabl rat of p y t lab r ancl in ·lude all th r it m. f xpen e 

and v rh ad as det rmin d y o. t-ac ounting metho ar pro ed 

by the Co e Authority and by th lmini trat r. 
290 

2. The members of the Tariff .Committee shall make an analysis 

of the tariff situation and shall obtain from the members of the 

trade the data requisite to enable the Committee to take into account 

the factors necessary to the detennination of such minimum tariffs. 

3. The Tariff Committee shall submit to the members of the trade 

the proposed minimum tariffs within sixty days from the effective 

date of the Code. Upon approval of a three-fifths majority of the 

members of the code, who shall vote upon the basis of tonnage carried during the preceding year, or as otherwise determined by the 

Code Authority subject to the approval of the Administrator, these 

minimum tariffs, after approval by the Code Authority, shall be 

filed with the Administrator and become a part of this Code subject 

to the review and disapproval of the Administrator. These minimum tariffs shall, however, be subject to review and modification 

by the Administrator in event of protest. 

4. Should the necessity for such review arise, the Administrator 

shall consider the examination and recommendation of the Division 

of Regulation of the United States Shipping Board Bureau of the 

Department of Commerce or the Interstate Commerce Commission. 

The decision of the Administrator, however, after such notice and 

hearing as he may specify, shall be final. 

5. Nothing herein shall apply to rates, fares, or charges established under the jurisdiction of Federal or State regulatory bodies. 

6. Adjustments of these minimum tariffs may be made at any time 

by the Code Authority in the manner as hereinbefore provided, subject to review and disapproval by the Administrator. 

7. To meet foreign competition the Code Authority may as it 

appears necessary, reduce the minimum tariffs provided for herein, 

and shall notify the Administrator of such reduction. 

ARTICLE IX-STATISTICS AND REPORTS 

1. Members of the trade, when requested, shall furnish to the 

Code Authority such information as may be necessary for the proper 

administration of this code, and to acquaint and keep the President 

informed as to the observance or nonobservance of the provisions of 

this code, and as to whether such members of the trade are effectuating and taking the necessary action to attain the declared policy 

of the Act, and these data shall be available in the office of the 

secretary of the Code Authority for inspection by the members of 

the code. 

2. The Code Authority shall not require a member of the trade to 

disclose trade secrets or names of customers. 

3. Failure of any member of the trade to furnish the information 

required by the Code Authority, substantially in the form requested, 

shall constitute a violation of the code. 

4. :Members of the trade, however, shall have the right to refuse 

to divulge information of a confidential nature to anyone except the 

Administrator. 

5. The Code Authority or the Administrator may verify the infor- mation furnisher:l by any member of the trade through an examination of the pertinent records of such member by a disinterested certified public accountant designated by the Code Authority or by the 
291 

Admini trat r. Th u h \erifi ation hall be consid r d an 

:xr n ~ f admini t rin · the od . The dmini. trator ma al o 

' rif. informt ion fnrni he b a m mb r of th trad throuO'h his 

wn a nt . 

. In addition to the inf rmation required to b ubmi d to the 

d n h ri t.h r hall be fnrni hed to .1; ederal and State 

UO' ncie uch tati tical informa ion as he Admini trator ma de m 

~ece ary for he purpo e r cited in ection 3 (a) of the Act· provided that nothin in thi Code hall r lieve any member of the trade 

of any .xi ting obligations to furni h reports to any ·o ernment 

ag nc . 

ARTI LE X-ADl\U.~:T TRATION 

1. or the purpo e of administration of this code ther hall be 

con ituted a Code Authority con isting of not more than five mem- ber ~ to be elected from the members of the trade as hereinafter 

provided. 

2. The Admini trator in his discretion may appoint not more than 

three additional members without vote to represent such gToups or 

go ernn1ental agencies a he may de ignate. Such members, if and 

when appointed shall erve for a term of from six months to one 

year and their appointments shall be so arranged that they shall not 

e pire at the arne time. 

3. The members of the Code Authority provided in Section 1, hall 

be elected by the eligible members of the trade within ten days after 

the eff ctive date of the Code, under the auspices of the Trade A ociation ubmitting the code. Three members of the Code Authority 

shall be elected the basis of voting to be tonnage carried during the 

preceding year · two members of the Code Authority shall be elected 

b a majority of the eligible members of the trade, each member 

casting one vote. 

4. In order that the Code Authority shall at all tiine be truly 

repre entati\e of the trade and in other respects comply with the 

pro\i ion of the Act the Administrator may provide such hearinrrs 

a he may deem proper; and thereafter if he shall find that the Code 

Authorit i not truly repre en4 ative or does not in other respects 

comply with the pro i ion of the Act ma r r equire an appropnate 

m clification in the method of election of the Code Authority. 

5. E.a h trade as ociation direc ly or indirectly partici.l?ating in he 

electi n or a tiviti of th Code Authority shall: (1) impo no 

in quitabl r striction on membership, and (2) submit to the A lmini trator true copie of its articles of a sociation, bylaw , r gulations, 

and any amendm nt when made hereto togeth r with su h ther 

inf rmation a to memb r hip, organization and actiYitie a th 

clmini rator may d em neces ary to effe tuate the purpo e of the 

ct. 

6. Th e uthority hall have all the dutic and power p r- mittecl by th Act incl1lin · l ut with ut limitation Lh makin~r f . uch rul, · and r<'rrnlation th appointing of uch committ th 

mpl ~-in ·or de.:io·natin0 of uch ag nts and the making of inquiri 

or inYe. ti ·at ions a n.ay b nece . . ar r • an hall co per at" 'ith th 

\.dmini. rat r, wi h full p w r to r pr · nt th tra lc in ff ctuating 

the polici f h \.. · an the proYi ~ion f thi code. 
292 

7. If the Administrator shall determine that any action of the 

Code Authority or any agency thereof is unfair or unjust or contrary to the public interest, the Administrator may require that 

such action be suspended for a period of not to exceed thirty days 

to afford an opportunity for investigation of the merits of such 

action and further consideration by such Code Authority or agency 

pending final action, which shall be taken only upon approval by the 

Administrator. 

8. Nothing contained in this code shall constitute the members of 

the Code Authority partners for any purpose, nor shall any member 

of the Code Authority be liable in any manner to anyone for any 

act of any other member, officer, agent or employee of the Code 

Authority, nor shall any member of the 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 willful misfeasance or nonfeasance. 

9. Members of the trade shall be entitled to participate in and 

share the benefits of the activities of the Code Authority and to participate in the selection of the members thereof by assenting to and 

complying with the requirements of this code and sustaining their 

reasonable share of the expenses of its administration. Such proportional expenses shall be based on tonnage carried, and such 

asses ment shall be at the rate of 1lj2 cents per ton of 2,240 pounds, 

and a report of the tonnage carried, with a check or payment for 

the member's share of expenses, shall be filed with the Code Authority within 15 days after the close of each calendar month. These 

assessments are subject to review by the Administrator; and changes 

as conditions may require may be made by the Code Authority, subject to review by the Administrator. 

10. A member of the trade shall be eligible to vote to elect the 

Code Authority if such member has notified the Administrator, or 

the Canal Carriers Association at its headquarters2 New York, N.Y., 

that he desires to· participate in this Code of Fa1r Competition, as 

provided for in Appendix I attached hereto. 

ARTICLE XI-TRADE PRACTICES 

It shall be an unfair method of competition and a violation of the 

provisions of this Code for any member of the Trade : 

1. To give or accept rebates, refunds, discounts, demurrage allowances other than tariff provisions; gratuities in any form, or to make 

discount payments or returns of any nature or description directly 

or indirectly on shipments, contracts, or refunds on any cargo of any 

nature whatsoever, or to employ any person, firm or corporation 

as the representative through whom or to whom a payment of 

compensation shall serve as any rebate, payment or return. 

2. To sign a recei~t for goods in good condition when the goods 

for which such receipt is given are in other than good condition. 

Any receipt for ~oods except in good condition shall specify and note 

the actual condition of the goods for which such receipt is given. 

3. To pay freight brokerag~ respecting cargoes transported by a 

member of the trade. None of the provisions of this section shall 
293 

ARTICLE XII-.1\-IoNOPOLIEs 

No pro'iri ion of this Code shall be so applied as to p rmit monopolies or monopoli tic practices, or to eliminate, 01 press, or 

discriminate against small enterprises. 

ARTICLE XIII-:r¥IoDIFICATION 

1. Thi code and all the provi ions thereof are expres ly made 

ubject to the right of the Pre ident, in accordance with the proisions of sub ection (b) of Section 10 of the Act, from time t time, 

to cancel or modify any order approval, licens,..,, rule or r egulation 

is ued under aid Act. 

2. This code, except as to provisions required by the Act may be 

modified, or extended as to territory, on the ba is of experience or 

changes in circumstances, such modification to be ba eel ur n appliation to the A lministrator and such notice and hearing a he hall 

specify and on approval by the Administrator shall become a part 

of this code. 

ARTICLE XIV-ADJU T 'fENTS 

1. All contra ts made after the approval date of this d hall 

conform to a form of contract pr scribed by the Tariff Committee 

and appr v d by the Cod Authority. 

2. All m mber of the trade who claim exemptions from the tariff 

provision h rein n the ba is of unfilled or unexpire l c ntra t 

hall submit u h contra ts to either the ode Authority or the 

Administrator for determination as to their b na fide cl aracter · 

and the Code utl rity or the A lmini. trat r . hall nd a or to 

promote an quit bl adju. tment of the term and ondition of said ·ontract in · nf rmity with he provision of the t rm of thi 

c cle but su h on ra t h n ·o ubmitted hall be h ld jn · nficl nee. 

Thi ode :hall b nnw If rtin"' on the t nth 1ay aftor it 

• ppro'i alb' the Pr sident ext:ept a. thcrwi · provid d her in . 

• ~ppruvPrl ( 'o(lP ·,J. 2GG. 

Hegi.-tr X . 1!17- . 
UNIVERSITY O F FLO RI D A· 

II I II \IIIII Ill \l\11111 Ill\\ II Ill\ 1111111111 II l\1111111111 IIIII I I 

3 1262 08855 8548 

APPENDIX I 

(City) ------------------------

(I>ate)------------------------

We {I) assent to the Code of Fair Competition for the Inland Water Carrier 

Trade in the Eastern I>ivision of the United States operating via the New 

York Canal System as approved by the President of the United States on 

the ---------------- day of _____ ___________ 1934, and request a Certificate 

of Participation as provided in said Code, desiring to share in the benefits 

and obligations as provided in t he Code. 

(Company) 

(Individua l) 

(Title) 

.Address 

(294) 

0