Public Law 692.
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/statutes-at-large/vol-49/public-law-692·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/74/pl/691).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Army Air Corps.Active duly for Reserve officers, Authorized; number; period of service. That the President be, and he is hereby, authorized to call to active duty, with their consent, for periods of not more than five years, such number of Army Air Corps Reserve officers as he may deem necessary, not to exceed one thousand three hundred and fifty.
Sec. 2. Compensation. Upon the termination of such a period of active duty of not less than three years in duration, such Air Corps Reserve officers shall be paid a lump sum of $500, which sum shall be addition to any pay and allowances which they may otherwise be entitled to receive. Sec. 3. “Flying officer in time of peace” defined.Vol. 44, p. 781; [U. S. C., p. 242](/us/usc/p242). The sixth proviso of section 2, Act of July 2, 1926 (44 Stat. L. 781), is hereby amended by striking out the words “Whenever used in this Act a flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft”, and by substituting in lieu thereof the following:
“A flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft or one who1525has received an aeronautical rating as an aircraft observer: *Provided*,*Provisos*.Aircraft observer; qualification in peace time.Wartime observer; qualification in peace time. That in time of peace no one may be rated as an aircraft observer unless he has previously qualified as a pilot: *Provided further*, That any officer rated as an aircraft observer in time of war must subsequently qualify as a pilot before he can qualify as an observer in time of peace following such war.
” Sec. 4. The President is authorized to appoint, by and with theAppointments to temporary rank in I grades of colonel, lieutenant colonel, and major, authorized. advice and consent of the Senate, to temporary rank in the grades of colonel, lieutenant colonel, and major, without vacating their permanent commissions, such numbers of officers of the Regular Army Air Corps as the Secretary of War, from time to time, may determine as necessary to meet the administrative, tactical, technical, and training needs of the Air Corps; the then resulting numbers in each grade, permanent and temporary, to be further increased by 5 , per centum to meet the additional needs of the War Department for Air Corps officers: *Provided*, That such temporary appointments*Provisos*.Seniority provision. shall be made in order of seniority of the appointees in each grade in accordance with their standing on the relative rank list of Air Corps officers in their permanent grade, and such temporary appointments may be vacated at any time upon the recommendation of the Secretary of War: *Provided further*, That when an officer holdingTemporary status vacated on receiving permanent appointment. a temporary appointment under’ the provisions of this section becomes entitled to permanent promotion his temporary appointment shall be vacated: *Provided further*, That all Air Corps officersPrecedence in rank. temporarily advanced in grade take rank in the grade to which temporarily advanced after officers holding such grade through permanent appointment, and among themselves in the order in which they stand on the relative rank list of Air Corps officers in their permanent grade: *Provided further*, That Air Corps officersPay, flying pay, and allowances. temporarily appointed under the provisions of this Act shall be entitled to the pay, flying pay, and allowances pertaining to the grade to which temporarily appointed: *And provided further*, That no officerEligibility to command outside own corps. holding temporary rank under the provisions of this Act shall be eligible to command outside his own corps except by seniority under his permanent commission.
Sec. 5. The President is hereby authorized, by and with the adviceCommanding general of General Headquarters Air Force.Appointment, rank. and consent of the Senate, to appoint to temporary rank from among the permanent colonels and lieutenant colonels of the Air Corps who are “flying officers” as defined herein, or as may hereafter be defined, a commanding general of the General Headquarters Air Force with the rank of major general, and such number of wing commandersWing commanders; rank. with the rank of brigadier general as may be determined by the President.
Officers temporarily appointed under the provisions ofTenure, etc. this section shall hold such temporary appointments until relieved from such commands by order of the President. Such temporary appointments shall not vacate the permanent commissions of the appointees nor create vacancies in the grades in which they are permanently commissioned: *Provided*, That the provisions of this*Proviso*.Assignment of qualified permanent general officers. section shall not be construed to exclude the assignment to Air Corps tactical or other appropriate commands of qualified permanent general officers of the line who are “flying officers” as defined herein, or as may hereafter be defined.
Sec. 6. Such laws and parts of laws as may be inconsistent withInconsistent laws, etc., repealed. the foregoing are hereby repealed. Approved, June 16, 1936. To amend section 2 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., title 15, sec. 13), and for other purposes. 1936-06-19 49 Stat. 1526 592 Chapter 74 2 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 1526 [CHAPTER 592.] AN ACT To amend section 2 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., title 15, sec. 13), and for other purposes. June 19, 1936.[[H. R. 8442](/us/bill/74/hr/8442).][[Public, No. 692](/us/74/pl/692).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Antitrust Act of 1914, amendment.Vol. 38, p. 730.[U.
S. C., p. 510](/us/usc/p510). That section 2 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., title 15, sec. 13), is amended to read as follows: " “Sec. 2. Discriminations in price between different purchasers.
(a)That it shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the Lessening, etc., competition.United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit *Provisos*.Differentials.of such discrimination, or with customers of either of them: *Provided*, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or Quantity limits.delivered: *Provided, however*, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: *And provided further*, Selection of customers.That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions Price changes.and not in restraint of trade: *And provided further*, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned. “(b) Hearing on complaint. Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or Burden of proof.services or facilities furnished, the burden of rebutting the primafacie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the Commission is authorized to issue *Proviso*.Lower price made in good faith to meet competition.an order terminating the discrimination: *Provided, however*, That nothing herein contained shall prevent a seller rebutting the primafacie case thus made by showing that his lower price or the furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor, or the services or facilities furnished by a competitor. 1527 “(c) That it shall be unlawful for any person engaged inBrokerage, etc., payments. commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, exceptPayment for services rendered. for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid. “(d) That it shall be unlawful for any person engaged inDiscriminatory payments by seller to buyer for services, etc. commerce to pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities. “(e) That it shall be unlawful for any person to discriminate inFurnishing services or facilities by seller to a buyer upon terms not accorded to all buyers. favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of, any services or facilities connected with the processing, handling, sale, or offering for sale of such commodity so purchased upon terms not accorded to all purchasers on proportionally equal terms. “(f) That it shall be unlawful for any person engaged inInducing or receiving discrimination in price. commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by this section.” " Sec. 2. That nothing herein contained shall affect rights of actionPending litigation, etc.Vol. 38, p. 730. arising, or litigation pending, or orders of the Federal Trade Commission issued and in effect or pending on review, based on section 2 of said Act of October 15, 1914, prior to the effective date of this amendatory Act: *Provided*, That where, prior to the effective date*Proviso*.Pending orders of Federal Trade Commission. of this amendatory Act, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 2 of said Act of October 15, 1914, and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent jurisdiction, and the Commission shallProceedings sphere violations committed. have reason to believe that such person has committed, used or carried on, since the effective date of this amendatory Act, or is committing, using or carrying on, any act, practice or method in violation of any of the provisions of said section 2 as amended by this Act, it may reopen such original proceeding and may issue and serve upon such person its complaint, supplementary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supplementary complaint as provided in section 11 of said Act of October 15, 1914. If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary complaint has been committed, used, or carried on since the effective date of this amendatory Act, or is being committed, used or carried on, in violation of said section 2 as amended by this Act, it shall make a report inReport of findings. writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending1528 its original order to include any additional violations of law so Review and enforcement of Commission’s orders.Vol. 38, p. 734; Vol. 48, p. 1102.found. Thereafter the provisions of section 11 of said Act of October 15, 1914, as to review and enforcement of orders of the Commission shall in all things apply to such modified or amended order. If upon review as provided in said section 11 the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken. Sec. 3. Discounts, rebates, allowances, advertising service charges. It shall be unlawful for any person engaged in commerce, in the course of such commerce, to be a party to, or assist in, any transaction of sale, or contract to sell, which discriminates to his knowledge against competitors of the purchaser, in that, any discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above any discount, rebate, allowance, or advertising service charge available at the time of such transaction to said competitors in respect of a sale of goods of like grade, quality, Sales, etc., at discriminatory prices to destroy competition.and quantity; to sell, or contract to sell, goods in any part of the United States at prices lower than those exacted by said person elsewhere in the United States for the purpose of destroying competition, or eliminating a competitor in such part of the United States; or, to sell, or contract to sell, goods at unreasonably low prices for the purpose of destroying competition or eliminating a competitor. Penalty for violation.Any person violating any of the provisions of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than one year, or both. Sec. 4. Cooperative associations. Nothing in this Act shall prevent a cooperative association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to, or through the association. Approved, June 19, 1936. To consolidate the Indian pueblos of Jemez and Pecos, New Mexico. 1936-06-19 49 Stat. 1528 593 Chapter 74 2 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 593.] AN ACT To consolidate the Indian pueblos of Jemez and Pecos, New Mexico. June 19, 1936.[[H. R. 12074](/us/bill/74/hr/12074).][
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