Page:United States Statutes at Large Volume 48 Part 1.djvu/962

 936 73d CONGRESS. SESS. II. CH. 466. JUNE 12, 1934 . such examination or audit, who shall have power to administer oaths, examine witnesses. and receive evidence. Fixing g fair rate ofpa for air-mail Y (e) In fi xing and deter mining the fa ir and reason able rates of tra nsp or ta- Lion. compensation for air-mail transportation, the Commission shall give cons iderati on to the amo unt of air ma il so c arried, the f aciliti es sup- plied by the carri er, and its re venue and pro fits fr om all source s, and from a consideration of these and other material elements, shall fix and establish rates for each route which, in connection with the rates fixed by it for all other routes, shall be designed to keep the aggregate cost of the transportation of air mail on and after July 1, 1938, within the limits of the anticipated postal revenue therefrom. Relation of contrac- SEC . 7. (a) After December 31, 1934, it shall be unlawful for any dust Seth avia tion in • person holding an air-nail contract to buy, acquire, hold, own, or control, directly or indirectly, any shares of stock or other interest in any other partnership, association, or corporation engaged directly or indirectly in any phase of the aviation industry, whether so eng aged thr ough air tra nspo rtat ion of p asse nger s, e xpre ss, or m ail, through the holding of an air-mail contract, or through the manu- facture or sale of airplanes, airplane parts, or other materials or accessories generally used in air transportation, and regardless of whether such buying, acquisition, holding, ownership, or control is done directly, or is accomplished indirectly, through an agent, sub- Proviso. sidia ry, ass ociate, affil iate, o r by a ny othe r devic e what soever
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Interects in ground facilities not included. vzde d, That the prohibiti ons herein con tained shall not extend to inter ests in landi ng fiel ds, han gars, or othe r groun d faci lities neces- sarily incidental to the performance of the transportation service of such air-mail contractor, nor to shares of stock in corporations whose principal business is the maintenance or operation of such landing fields, hangars, or other ground facilities. Interlocking directo- (b) After December 31, 1934, it shall be unlawful (1) for any rates or intereorporate rel ationships. part ners hip, ass ocia tion, or cor pora tion , th e pr inci pal busi ness of which, in purpose or in fact, is the holding of stock in other corpora- tions, or (2) for any partnership, association, or corporation engaged direct ly or i ndirec tly in any pha se of the avi ation i ndustr y, as s peci- fied in subsection (a) of this section, to buy, acquire, hold, own, or contro l, dire ctly o r indir ectly, either as spe cified in suc h subse ction (a) or otherwise, any shares of stock or other interests in any other partnership, association, or corporation which holds an air-mail contract. Ineligibility of Indi- vidual holding office, (c) No person shall be qualified to enter upon the performance of etc ., in such stock or an air -mail c ontrac t, or t hereaft er to hold an air-ma il con tract, if at aviation corporation . or after the time specified for the commencement of mail transporta- tion under such contract, such person is (or, if a partnership, associa- tion, or corporation, has and retains a member, officer, or director that is ) a mem ber, of ficer, direct or, or stockh older i n any o ther p art- nership, association, or corporation, whose principal business, in purpose or in fact, is the holding of stock in other corporations, or which is engaged in any phase of the aviation industry, as specified If ever eng in subsection (a) of this section. unlawful com bi aged fn (d) No person shall be qualified to enter upon the performance of, nation to pre vent bid makin g. or ther eafter to hold an ai r-mail contrac t, (1) if at or afte r the time specified for the commencement of mail transportation under such contract, such person is (or, if a partnership, association, or corpora- tion, has a member, officer, or director, or an employee performing general managerial duties, that is) an individual who has theretofore entered into any unlawful combination to prevent the making of any Proviso. bids for carrying the mails : Provided, That whenever required b Sworn d eclaration b y bidder. the Postmastr eneral the bidder shall submit an affidavit requiredby by the bidder, or by such of its officers, directors, or general mana-