Federal Register - August 3, 1939
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Source: Federal Register
F E D E R A L R E G I S T E R , Thursday , August 3, 1939
outlined above, flow from the various persons who purchase advertising space Hie Commission, on July 12, 1939, re in the device, and might, therefore, be pealed the following orders, effective included in this provision of the statute, A u gust 11, 1939:
if they had the result prohibited there C F R Sec. N o. by.
P art
43 R e p o r t s
IC.C. O rder d ated A p ril 10, 1916.
IC.C. Order d ated M a rc h 15,, 1924.
IC.C. O rder dated Sept. 12, 1930.
IC.C. Order dated Dec. 9, 1932.
F.C.C., Telegrap h D ivision Order No. 8, Sept. 19, 1934.
F.C.C. Order N o. 13, A u g. 14, 1935.
F.C.C., Telephone D ivision Order No. 15, Sept. 8, 1937.
F.C.C., Telegrap h D ivision Order No, 27, Sept. 22, 1936.
F.C.C. Order N o. 34, F eb. 21, 1938.
341.10.
341.01.
N o t codified.
341.11.
342.01-342.02.
341.20.
In this connection the Administration deems it expedient to point out that the language of Section 5 b of the Act is similar to that used in Section 5 d , con cerning which the report of the Ways and Means Committee of the United States Congress contains the following statement:
The consignment sale provision is made to apply to sales and purchases by 342.03.
State agencies. The constitutionality of applying such regulation to State agen N o t codified.
cies is sustained by the cases of South The Commission, on July 12, 1939, ef Carolina vs. U. S. 1905 199 U. S. 437;
fective August 11, 1939, repealed Rule Ohio vs. Helvering 1934 292 U. S.
360; and Helvering vs. Powers 1934
340.01 CFR, Sec. 340.01, and CFR Sec 293 U. S. 214 H. Rept. No. 1542, Fed tions 343.01, 343.02 and 343.03.
eral Alcohol Control Bill, p. I D .
By the Commission.
Although it is, of course, impossible seal Jo h n B. R e yn o ld s, for this Administration to determine in Acting Secretary.
advance whether or not a given practice F. R. Doc. 39-2855; Filed, A u g u s t 2, 1939; will have the result prohibited by Fed 12:32 p. m .
eral statute, it appears advisable for the Administration to inform the Industry as to its views of the law.
Notices seal W. S. A l e x a n d e r , Administrator.
J u l y 31, 1939.
TREASURY DEPARTMENT.
341.12.
Federal Alcohol Administration Divi sion.
A d v e r t i s in g
in
P
o ster
D
is p l a y
M
F . R . Doc. 39-2843; F iled, A u g u s t 1, 1939;
2:55 p . m .
a c h in e s
To All Permittees:
The Administration has received nu merous inquiries relative to the propriety, under the Federal Alcohol Administra tion Act, of industry members engaging in a new type o f advertising service apparently involving agreements with private firms for advertising space in poster display machines or devices in stalled in retail stores operated by the various States. Since it is anticipated that participation by industry members in this form of advertising may possibly involve violations of the Federal statute, the Administration considers it advisable to direct the attention of the Industry to Section 5 b 4 of the Act which is sum marized as follows;
Section 5 b 4 of the Federal A l cohol Administration Act prohibits a manufacturer, importer, or wholesaler, directly or indirectly, from inducing a retailer to purchase his products to the exclusion, in whole or in part, of the products of other persons sold or offered for sale in interstate commerce, under the conditions stated, . by paying or crediting the retailer for any advertis ing display or distribution service. The Payments to the retailer, in the situation
CIVIL AERONAUTICS AUTHORITY.
D ock et N o. 59401 E - l
In
the
M
atter
of
the
A p p l ic a t io n
of
T r iS t a t e A v i a t io n C o r p o r a t io n f o r a C e r t if ic a t e o f P u b l i c C o n v e n ie n c e a n d N e c e s s i t y U n d e r S e c t i o n 401 e o f the
C iv il A
e r o n a u t ic s
A ct
of
3519
the City of Washington, D. C., on the 31st day of July, A. D. 1939.
Commissioners: Robert E. Freer, Chairman; GarlandS. Ferguson, Charles H. March, Ewin L. Davis, William A.
Ayres.
D ocket N o. 3841
In
the
J.
H.
in e s s
M a t t e r o f J. V. C o r d e s a n d M r s .
C o r d e s , T r a d in g a n d D o in g B u s
as
M
artha
B
easley
A s s o c ia t e s
ORDER APPOINTING EXAMINER AND FIXING
TIME AND PLACE FOR TAKING TESTIMONY
This matter being at issue and ready for the taking of testimony, and pursu ant to authority vested in the Federal Trade Commission, under an Act of Congress 38 Stat. 717; 15 U.S.CA Sec tion 41, I t is ordered, That William C. Reeves, an examiner of this Commission, be and he hereby is designated and appointed to take testimony and receive evidence in this proceeding and to perform all other duties authorized by law;
I t is further ordered, That the taking of testimony in this proceeding begin on Friday, August 4, 1939, at nine oclock in the forenoon of that day central standard time Knickerbocker Hotel, Chicago, Illinois.
Upon completion of testimony for the Federal Trade Commission, the examiner is directed to proceed immediately to take testimony and evidence on behalf o f the respondent. The examiner will then close the case and make his report upon the evidence.
By the Commission.
seal O t i s B. J o h n s o n , Secretary.
F . R . Doc. 39-2845; F iled ,. A u g u s t 1, 1939;
4: 01 p. m .
1938
NOTICE OF HEARING
The above-entitled proceeding is as signed for public hearing on September 14,1939,10 oclock a. m. Eastern Stand ard Tim e in Conference Room A, De partmental Auditorium, Washington, DC., before an Examiner.
Dated Washington, D. C., August 1, 1939.
By the Authority.
INTERSTATE
SION.
COMMERCE
COMMIS
O rd e r No. 28300
C lass R
ate
I n v e s t ig a t io n ,
1939
At a general session of the Interstate Commerce Commission, held at its office in Washington, D. C., on the 29th day of July, A. D. 1939.
seal P a u l J. F r iz z e l l , The Commission having under con Secretary.
sideration the matter of interstate class F . R . Doc. 39-2853; Filed, A u g u s t 2, 1939; rates both intraterritorial and interter 12:12 p. m .
ritorial in official, southern, southwest ern, and western trunk-line territories, and good cause appearing therefor:
FEDERAL TRADE COMMISSION.
I t is ordered, That a proceeding of in
vestigation and inquiry be, and it is United States o f America Before hereby, instituted by the Commission on Federal Trade Commission its own motion into and concerning the At a regular session of the Federal interstate class rates under the respec Trade Commission, held at its office in tively designated classes, as follows: