Public Law 199.
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(/us/pl/74/198).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, findings and policy Section 1. The denial by employers of the right of employees toNational Labor Relations Act.Findings and policy. organize and the refusal by employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by
(a)impairing the efficiency, safety, or operation of the instrumentalities of commerce;
(b)occurring in the current of commerce;
(c)materially affecting, restraining or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or
(d)causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce. The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees. It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers 450of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. Definitions.definitions Sec. 2. When used in this Act—
(1)“Person.” The term “person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(2)“Employer.” The term “employer” includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, or any State or political subdivision thereof, or any person subject to the Railway Labor Act, as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
(3)“Employee.” The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse.
(4)“Representatives.” The term “representatives” includes any individual or labor organization.
(5)“Labor organization.” The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(6)“Commerce.” The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country.
(7)“Affecting commerce.” The term “affecting commerce” means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce.
(8)“Unfair labor practice.” The term “unfair labor practice” means any unfair labor practice listed in section 8.
(9)“Labor dispute.” The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(10)“National Labor Relations Board.” The term “National Labor Relations Board” means the National Labor Relations Board created by section 3 of this Act. 451
(11)The term “old Board” means the National Labor Relations“Old Board.” Board established by Executive Order Numbered 6763 of theExecutive Order 6763.Vol. 48, p. 1183.Executive Order 7074.Vol. 48, p. 105.*Ante*, p. 375. President on June 29, 1934, pursuant to Public Resolution Numbered 44, approved June 19, 1934 (48 Stat. 1183), and reestablished and continued by Executive Order Numbered 7074 of the President of June 15, 1935, pursuant to Title I of the National Industrial Recovery Act (48 Stat. 195) as amended and continued by Senate Joint Resolution 133 11 So in original. approved June 14, 1935. national labor relations boardNational Labor Relations Board. Sec. 3.
(a)There is hereby created a board, to be known as theComposition; appointment.*Post*, p. 1177. “National Labor Relations Board” (hereinafter referred to as the “Board which shall be composed of three members, who shall be appointed by the President, by and with the advice and consent of the Senate. One of the original members shall beTerms of office. appointed for a term of one year, one for a term of three years, and one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President snail designateChairman. one member to serve as chairman of the Board. Any member ofRemovals. the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.
(b)A vacancy in the Board shall not impair the right of theQuorum, seal, etc. remaining members to exercise all the powers of the Board, and two members of the Board shall, at all times, constitute a quorum. The Board shall have an official seal which shall be judicially noticed.
(c)The Board shall at the close of each fiscal year make a reportAnnual report. in writing to Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Board, and an account of all moneys it has disbursed. Sec. 4.
(a)Each member of the Board shall receive a salary ofSalaries.*Post*, p. 1112. $10,000 a year, shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The BoardAppointment of personnel.Vol. 46, p. 1003; [U. S. C., p. 85](/us/usc/p85). shall appoint, without regard for the provisions of the civil-service laws but subject to the Classification Act of 1923, as amended, an executive secretary, and such attorneys, examiners, and regionalAttorneys, regional directors, etc. directors, and shall appoint such other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. TheAgencies available. Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this Act shall be construedAppointment of mediators; restriction. to authorize the Board to appoint individuals for the purpose of conciliation or mediation (or for statistical work), where such service may be obtained from the Department of Labor.
(b)Upon the appointment of the three original members of theOld Board abolished. Board and the designation of its chairman, the old Board shall cease 452Transfer of employees, records, etc.to exist All employees of the old Board shall be transferred to and become employees of the Board with salaries under the Classification Act of 1923, as amended, without acquiring by such transfer a permanent or civil service status. All records, papers, and property of the old Board shall become records, papers, and property of the Board, and all unexpended funds and appropriations for the use and maintenance of the old Board shall become funds and appropriations available to be expended by the Board in the exercise of the powers, authority, and duties conferred on it by this Act.
(c)Expense allowances. All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose. Sec. 5. Principal office. The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers Prosecution of inquiries.at any other place. The Board may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Board in the same ease. Sec. 6. Administrative rules.
(a)The Board shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall be effective upon publication in the manner which the Board shall prescribe. rights of employees Sec. 7. Rights of employees specified. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. Sec. 8. Unfair labor practices. It shall be an unfair labor practice for an employer—
(1)To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.
(2)To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: *Provided*, That subject to rules and regulations made and published by the Board pursuant to section 6 (a), an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay.
(3)By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: *Provided*, That nothing Vol. 48, p. 195; *Ante*, p. 375.in this Act, or in the National Industrial Recovery Act (U. S. C., Supp. VII, title 15, secs. 701–712), as amended from time to time, or in any code or agreement approved or prescribed thereunder, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this Act as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees as provided in section 9 (a), in the appropriate collective bargaining unit covered by such agreement when made. 453
(4)To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act.
(5)To refuse to bargain collectively with the representatives of his employees, subject to the provisions of Section 9 (a). representatives and electionsRepresentatives and elections. Sec. 9.
(a)Representatives designated or selected for theMajority rule principle in collective bargaining, etc. purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: *Provided*, That*Proviso*.Individual right to present grievances. any individual employee or a group of employees shall have the right at any time to present grievances to their employer.
(b)The Board shall decide in each case whether, in order toStandards for appropriate bargaining, etc. insure to employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the policies of this Act, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof.
(c)Whenever a question affecting commerce arises concerningRepresentatives of employees.Method for selecting, etc. the representation of employees, the Board may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Board shall provide for anHearings. appropriate hearing upon due notice, either in conjunction with a proceeding under section 10 or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertin 11 So in original. such representatives.
(d)Whenever an order of the Board made pursuant to sectionBoard orders based on foregoing results. 10
(c)is based in whole or in part upon facts certified following an investigation pursuant to subsection
(c)of this section, andEnforcement or review. there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsections 10
(e)or 10 (f), and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made arid entered upon the pleadings, testimony, and proceedings set forth in such transcript. prevention of unfair labor practices Sec. 10.
(a)The Board is empowered, as hereinafter provided,Prevention of unfair labor practices, affecting commerce.Authority of Board. to prevent any person from engaging in any unfair labor practice (listed in section 8) affecting commerce. This power shall be exclusive, and shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, code, law, or otherwise.
(b)Whenever it is charged that any person has engaged in or isComplaints; filing. engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shallService of charges. have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a noticeNotice of hearing. of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may beAmendment of complaint. amended by the member, agent, or agency conducting the hearing 454or the Board in its discretion at any time prior to the issuance of Appearance and answer of accused.an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding Prevailing rules of evidence; effect of.and to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling.
(c)Preservation of testimony. The testimony taken by such member, agent or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further Cease and desist orders.testimony or hear argument. If upon all the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies Reports of compliance; requirement.Dismissal of complaint.of this Act. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon all the testimony taken the Board shall be of the opinion that no person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the said complaint.
(d)Modification, etc., of order. Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
(e)Enforcement.Board authorized to petition any circuit court of appeals. The Board shall have power to petition any circuit court of appeals of the United States (including the Court of Appeals of the District of Columbia), or if all the circuit courts of appeals to which application may be made are in vacation, any district court of the United States (including the Supreme Court of the District of Columbia), within any circuit or district, respectively, wherein the unfair labor practice in question occurred or wherein Temporary restraining order provided.such person resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining Papers to be filed.order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which such order was entered and the findings and Notice; jurisdiction and powers of court.order of the Board. Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Objections; consideration of.Board. No objection that has not been urged before the Board, its member, agent or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because Findings conclusive of facts.Additional evidence.of extraordinary circumstances. The findings of the Board as to the facts, if supported by evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such addi-455tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the transcript. The Board mayModification by Board. modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of theJurisdiction of court.Decree final; review allowed. court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate circuit court of appeals if application was made to the district court as hereinabove provided, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections[U. S. C., p. 1271](/us/usc/p1271). 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347).
(f)Any person aggrieved by a final order of the Board grantingApplication to set aside orders. or denying m whole or in part the, relief sought may obtain a review of such order in any circuit court of appeals of the United States in the circuit wherein the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business, or in the Court of Appeals of the District of Columbia, by filing in such court a written petition praying that the order of the Board be modified or set aside. A copy of such petition shall be forthwith served upon the Board, and thereupon the aggrieved party shall file in the court a transcript of the entire record in the proceeding, certified by the Board, including the pleading and testimony upon which the order complained of was entered and the findings and order of the Board. Upon such filing, the court shall proceedProcedure, etc. in the same manner as in the case of an application by the Board under subsection (e), and shall have the same exclusive jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board; and the findings of the Board as to the facts, if supported by evidence, shall in like manner be conclusive.
(g)The commencement of proceedings under subsection
(e)or (f)Board’s order not stayed by commencement of proceedings. of this section shall not, unless specifically ordered by the court, operate as a stay of the Board’s order.
(h)When granting appropriate temporary relief or a restrainingJurisdiction of equity courts not impaired. order, or making and entering a decree enforcing, modifying, and enforcing as so modified or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be. limited by the Act entitled “An Act toVol. 47. p. 70.[U. S. C., p. 1326](/us/usc/p1326). amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes”, approved March 23, 1932 (U. S. C., Supp. VII, title 29, secs. 101–115).
(i)Petitions filed under this Act shall be heard expeditiously, andExpeditious hearings. if possible within ten days after they have been docketed. investigatory powers Sec. 11. For the purpose of all bearings and investigations, which,Investigatory powers.*Ante*, p. 453. in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by section 9 and section 10—
(1)The Board, or its duly authorized agents or agencies, shall at allExaminations, securing evidence, etc. reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated 456or proceeded against that relates to any matter under investigation or Subpena powers.in question. Any member of the Board shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question, before the Board, its member, agent, or agency Administration of oaths, etc.conducting the hearing or investigation. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive Witnesses, etc.evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.
(2)Contumacy or refusal to obey subpena.Punishment for. In case of contumacy or refusal to obey a subpena issued to any person, any District Court of the United States or the United States courts of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3)Privilege of witnesses. No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpena of the Board, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning Personal immunity.which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(4)Service of orders, etc. Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of Witness fees, etc.service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
(5)Venue provisions. All process of any court to which application may be made under this Act may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.
(6)Government agencies to assist. The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board. Sec. 12. Protection of Board members, etc. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or 457agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. limitationsLimitations. Sec. 13. Nothing in this Act shall be construed so as to interfereRight to strike. with or impede or diminish in any way the right to strike. Sec. 14. Wherever the application of the provisions of sectionConflicts with other Acts.National Recovery Act.Vol. 48, p. 198; [U. S. C., p. 584](/us/usc/p584).*Ante*, p. 375.Bankruptcy Act, amendments.Vol. 48, p. 922. 7
(a)of the National Industrial Recovery Act (U. S. C., Supp. VII, title 15, sec. 707 (a)), as amended from time to time, or of section 77 B, paragraphs
(1)and
(m)of the Act approved June 7, 1934, entitled “An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’ approved July 1, 1898, and Acts amendatory thereof and supplementary thereto” (48 Stat. 922, pars.
(1)and (m)), as amendedNational industrial labor boards.Vol. 48, p. 1183. from time to time, or of Public Resolution Numbered 44, approved Juno 19, 1934 (48 Stat. 1183), conflicts with the application of the provisions of this Act, this Act shall prevail: *Provided*, That in*Proviso*.Validity provision. any situation where the provisions of this Act cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect. Sec. 15. If any provision of this Act, or the application of suchSeparability clause. provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Sec. 16. This Act may be cited as the “ National Labor RelationsTitle. Act.” Approved, July 5, 1935. To incorporate The American National Theater and Academy. 1935-07-05 49 Stat. 457 373 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 373.] AN ACT To incorporate The American National Theater and Academy. July 5, 1935.[[S. 2642](/us/bill/74/s/2642).][[Public, No. 199](/us/pl/74/199).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That LeopoldThe American National Theater and Academy.Incorporators. Stokowski, of Philadelphia, Pennsylvania; Evelyn Price (Mrs. Eli Kirk Price), of Philadelphia, Pennsylvania; George W. Norris, of Philadelphia, Pennsylvania; Samuel S. Fleischer, of Philadelphia, Pennsylvania; Amory Hare Hutchinson, of Philadelphia, Pennsylvania; Ellen D. Cleveland (Mrs. Richard F. Cleveland), of Baltimore, Maryland; Otto T. Mallory, of Philadelphia, Pennsylvania; Roland S. Morris, of Philadelphia, Pennsylvania; Mrs. George H. Lorimer, of Philadelphia, Pennsylvania; Hugh Hampton Young, of Baltimore, Maryland; Richard F. Cleveland, of Baltimore, Maryland; J. Howard Reber, of Philadelphia, Pennsylvania; Mary Stewart French, of Philadelphia, Pennsylvania; Clara R. Mason, of Philadelphia, Pennsylvania; Katharine Dexter McCormick (Mrs. Stanley McCormick), of Chicago, Illinois; Evangeline Stokowski (Mrs. Leopold Stokowski), of New York, New York; Elsie Jenkins Symington (Mrs. Donald Symington), of Baltimore, Maryland; B. Howell Griswold, of Baltimore, Maryland; Ann Morgan, of New York, New York; John Hay Whitney, of New York, New York; Otto H. Kahn, of New York, New York; Harriet Barnes Pratt (Mrs. Harold I. Pratt), of New York, New York; Mrs. W. Murray Crane, of New York, New York; A. Conger Goodyear, of New York, New York; Alice Garrett (Mrs. John W. Garrett), of Baltimore, Maryland; John W. Garrett, of Baltimore, Maryland;458Joy Montgomery Higgins, of New York, New York; Arthur Woods, of New York, New York; Helen Woods (Mrs. Arthur Woods), of New York, New York; C. Lawton Campbell, of New York, New York; John H. Finley, of New York, New York; Cass Canfield, of New York, New York; Katharine E. Canfield (Mrs. Cass Canfield), of New York, New York; William Rhinelander Stewart, of New York, New York; Dorothea Blagden (Mrs. Linzee Blagden), of New York, New York; John W. Davis, of New York, New York; Francis Anita Crane, of New York, New York; Frank L. Polk, of New York, New York; Edward M. M. Warburg, of New York, New York; William Green, of Washington, District of Columbia; Mary Chichester du Pont (Mrs. Felix du Pont), of Wilmington, Delaware; Betty Hawley, of New York, New York; Isabelle Anderson (Mrs. Larz Anderson), of Washington, District of Columbia; Mabel Boardman, of Washington, District of Columbia; Huibertje Lansing Pryn Hamlin (Mrs. Charles Hamlin), of Washington, District of Columbia; their associates and successors, duly chosen, are hereby incorporated, constituted, and declared to be a body Name.corporate. The name of this corporation shall be “The American National Theater and Academy.” Sec. 2. Nonprofit and without capital stock.Purposes stated. The corporation shall be nonprofit and without capital stock. Its purposes shall embrace:
(a)The presentation of theatrical productions of the highest type;
(b)The stimulation of public interest in the drama as an art belonging both to the theater and to literature and thereby to be enjoyed both on the stage and in the study;
(c)The advancement of interest in the drama throughout the United States of America by furthering in the production of the best plays, interpreted by the best actors at a minimum cost;
(d)The further development of the study of drama of the present and past in our universities, colleges, schools, and elsewhere;
(e)The sponsoring, encouraging, and developing of the art and technique of the theater through a school within the National Academy. Sec. 3. Corporate powers. That the corporation created by this Act shall have the following powers: To have perpetual succession with power to sue and to be sued in the courts of law and equity; to receive, hold, own, use, mortgage, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes not inconsistent with the laws of the United States or any States; to establish and maintain offices and buildings for the conduct of its business; to establish State and Territorial organizations and local branches; and generally to do all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. Sec. 4. Nonpolitical, etc., character. That the organization shall be nonpolitical, nonsectarian, as an organization shall not promote the candidacy of any persons No honorary members.Exclusive use of name.seeking public office. There shall be no honorary members. Sec. 5. That said corporation and its State and local branches and subdivisions shall have the sole and exclusive right to have and to use in carrying out its purposes the name “The American National Theater and Academy.” Sec. 6. Headquarters, etc. That said corporation be, and is hereby, authorized to have its headquarters and hold its meetings at such places within or without the District of Columbia as it from time to time may deem best. 459 Sec. 7. The corporation is hereby authorized and empowered toProperty rights. receive by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust and to invest, reinvest, and manage the same in accordance with the provisions of its constitution and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of its donors. Sec. 8. That said corporation shall on or before the 1st day ofReport to Congress. January in each year make and transmit to Congress a report of its proceedings for the preceding calendar year, including a full and complete report of its receipts and expenditures; *Provided, however*,*Proviso*.Not printed as public document. That said report shall not be printed as a public document. Sec. 9. That as a condition precedent to the exercise of any powerState, etc., agents. or privilege herein granted or conferred, “The American National Theater and Academy” shall file in the office of the Secretary or the properly designated officer of each State or Territory or the District of Columbia in which is located either its headquarters or branches or subdivisions thereof the name and post-office address of an authorized agent upon whom legal process or demand against “The American National Theater and Academy” may be served. Sec. 10. That the right to repeal, alter, or amend this Act is herebyAmendment. expressly reserved. Approved, July 5, 1935. Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1930, and for other purposes. 1935-07-08 49 Stat. 459 374 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 374.] AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1930, and for other purposes. July 8, 1935.[[H. R. 8021](/us/bill/74/hr/8021).][
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5 references not yet in our index
- EO 7074
- 48 Stat. 1183
- 48 Stat. 922
- 49 Stat. 457
- 49 Stat. 459
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cites case law
Public Law 199
Exec. Ord.EO 7074
Stat.48 Stat. 1183
Stat.48 Stat. 922
Stat.49 Stat. 457
Stat.49 Stat. 459
Cites 6Cited by 0 across 0 sources