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FEDERAL

REGISTER

934
VOLUME 4

y < AflTED

NUMBER 29

Washington, Saturday, February 11, 1939
The President EXECUTIVE ORDER
Authorizing the A ppointm ent op F red erick M organ D avenport to a C lassi fied P osition in the C iv il S ervice Commission and D esignating H im as a M ember and C hairman of the C o u n
cil op P ersonnel A dministration
By virtue of and pursuant to the authority vested in me by paragraph Eighth, subdivision SECOND, section 2
of the Civil Service Act 22 Stat. 403, 404, and as President of the United States, it is hereby ordered that Freder ick Morgan Davenport may be appointed to a classified position in the Civil Serv ice Commission; and I hereby designate the said Frederick Morgan Davenport as a member and Chairman of the Coun cil of Personnel Administration estab lished by section 7 of Executive Order No. 7916 of June 24, 1938,1 such desig nation to become effective upon his ac ceptance of the appointment herein authorized.
F ranklin D R oosevelt T he W hite H ouse
February 8, 1939.
No. 80451
P. R. Doc. 39-476; Piled, February 9, 1939;
2:49 p. m .

Rules, Regulations, Orders TITLE 16COMMERCIAL PRACTICES
FEDERAL TRADE COMMISSION
Docket No. 3232

In
the
M atter op A merican O ptical C om pany et al .

Sec. 3.45 e 2 Discriminating in price Indirect discrimination Cumu lative discounts. Discriminating in price, in connection with distribution and sale of optical and ophthalmic prod ucts in commerce between the statesand 13 P. R. 1526 DI.

in District of Columbia, and on the part of respondent association and respond ent corporation, their officers, etc., be tween different purchasers of such products of like grade and quality, by a granting or allowing, under re spondents big dealer retailer dis count plan, cumulative or volume dis counts on stock lenses, frames and mountings items or types in greatest demand and making up bulk of pur chases of respondents customers, on basis certain monthly or yearly aggre gate purchases of all items included, whether themselves subject or not to such discounts, and irrespective of size or number of orders thus aggregated, and including among said items last re ferred to as not themselves subject to such discounts, prescription purchases and purchase of machinery and ophthalmological equipment; or by b con tinuing in effect, as described, respond ents big dealer retailer discount plan, differentials of which plan failed to make only due allowances for or to bear any consistent relation to differ ences, if any, in cost of sale or delivery of stock merchandise resulting from the differing quantities in which sale and delivery is made to different customers under said plan; with result that, while substantial number of respondents cus tomers were able to secure discounts provided in their big dealer discount schedule, many other customers, en gaged in competition with such big dealers in use and sale of respondents said products, did not receive benefit of such discounts, and with result that ef fect of such discrimination in price had been to injure and might be to injure, destroy or prevent competition with re spondents retailer customers receiving benefit of such discrimination, and ef fect thereof was and might be sub stantially to lessen competition or tend to create a monopoly in the line of com merce in which respondents were en gaged, or to injure, destroy or pre vent competition with respondents in both the wholesale and manufacturing fields; prohibited. Sec. 2 a , 59 Stat.
1526; 15 U. S. C., Supp. IV, Sec. 13 a
Cease and desist order, American Op-

CONTENTS
TH E PRESIDENT
Executive Order:
Page Appointment of Frederick M or gan Davenport; designation r as-member and Chairman of Council o f Personnel A d 695
ministration _________ ______
RULES, REGULATIONS, ORDERS
T itle 16 C ommercial P ractices:

Federal Trade Commission:
Cease and desist orders:
Am erican Optical Co., et al_
Bausch & Lomb Optical Co., et al__________________
T itle 17 C ommodity and S ecuri ties
695
697

E xchanges :

Securities and Exchange Com mission:
Securities Act of 1933 and Se curities Exchange Act of Jj934r adoption of Rule S827 and Amendment 33 to Instruction Book for Form A-2________________
T itle 26 I nternal R evenue :
Bureau of Internal Revenue:
Income tax under the Revenue Act of 1938 Regulations
699

101:
Chapter X Corporations exempt from tax______
Chapter X I Corporations used to avoid surtax Chapter X U Tax on citi zens and corporations of foreign countries;
banks and trust com panies; sale of oil or gas properties_________
Chapter X I I I Gain or loss; recognition, basis, determination________
Chapter X IV Deprecia tion and depletion____
Chapter X V Distributions by corporations; divi dends_________________
Chapter X V I Additional exclusions from gross income________________
Continued on next page
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