UNIVERSITY OF FLORIDA
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nendment No. 1
Registry No. 1042-04
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CLAY DRAIN TILE
AS APPROVED ON JANUARY 5, 1935
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Approved Code No. 364-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
CLAY DRAIN TILE MANUFACTURING INDUSTRY
As Approved on January 5, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE CLAY
DRAIN TILE MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Clay Drain Tile Manu-
facturing Industry, and as contained in a Published Notice of Op-
portunity to be Heard, Administrative Order No. 364-6, dated
November 14, 1934 and the annexed report on said amendment, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate
by reference said annexed report and does find that said amendment
and the Code as constituted after being amended comply in all re-
spects with the pertinent provisions and will promote the policy and
purposes of said Title of said Act, and does hereby order that said
amendment be and it is hereby approved, and that the previous
approval of said Code is hereby modified to include an approval of
said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIs,
Acting Division Administrator.
WASHINGTON, D. C.,
January 5, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: Under the Code of Fair Competition for the Clay Drain
Tile Manufacturing Industry, as approved on March 24, 1934, the
Code Authority has submitted an amendment to Section 11 of Arti-
cle VI, designed to empower the Code Authority to collect assess-
ments from all members of the Industry to provide for the expenses
of administering the Code. Under this amendment, payment of
such assessments will not be mandatory until the Code Authority
has submitted and has had approved by the National Industrial
Recovery Board, a budget and plan of assessment. A provision of
the amendment forbids the Code Authority from making expendi-
tures in excess of their approved budget. These provisions replace
the former provisions for supporting the Code Authority through
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purposes
of cooperative action among trade groups by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices."
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, we have approved this amendment.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
JANUARY 5, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CLAY DRAIN TILE MANUFACTURING INDUSTRY
Amend Section 11 of Article VI by deleting the present text and
substituting in lieu thereof a new Section 11 as follows:
SECTION 11. It being found necessary in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition established hereunder and t.o effectuate the policy of
the Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
may deem necessary (1) an itemized budget of its estimated expenses
for the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed by
members of the industry;
(c) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, to determine
and obtain equitable contribution as above set forth by all members
of the Industry, and to that end, if necessary, to institute legal
proceedings therefore in its own name.
(d) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the National Industrial
Recovery Board. Only members of the industry complying with
the code and contributing to the expenses of its administration as
hereinabove provided, (unless duly exempted from making such
contributions,) shall be entitled to participate in the selection of
the members of the Code Authority and the Regional Committees
or to receive the benefit of any of their voluntary activities or to
make use of any emblem or insignia of the National Recovery
(e) The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Na-
tional Industrial Recovery Board; and no subsequent budget shall
contain any deficiency item for expenditures in excess of prior
budget estimates except those which the National Industrial Re-
covery Board shall have so approved.
Delete subsection (g), Section 8 of Article VI, and change the
designation of subsection (h) to subsection (g).
Approved Code No. 364-Amendment No. 1.
Registry No. 1042-04.
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