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Approved Code No. 37-Amendment No. 1
Registry No. 1013-3-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
BUILDERS SUPPLIES TRADE
AS APPROVED ON JULY 27, 1934
D. OOUR PAR
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Approved Code No. 37-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
BUILDERS SUPPLIES TRADE
As Approved on July 27, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
BUILDERS SUPPLIES TRADE
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 the Code of Fair Competition for the Builders' Supplies
Trade Industry, and an opportunity to be heard thereon having
been duly afforded to all interested parties and the annexed report
on said amendment, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference, said an-
nexed report and do find that said amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do 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, such approval and such amendment to take effect on
the date hereof.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAY,
July 27, 1934.
REPORT TO THE PRESIDENT
The White Homse.
Sm: This is a report on a modification of the Code of Fair Com-
petition for the Builders Supplies Trade Industry, in accordance
with Administrative Order X-36, of May 26, 1934, relative to col-
lection of Expenses of Code Administration.
This amendment is proposed in substitution for Article VII, Para-
graphs one, two and three of the Builders Supplies Trade Industry
Code, approved October 3, 1933. An opportunity to be heard has
been accorded to all interested parties.
The Assistant Deputy Administrator in his final report to me on
said amendment to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
I 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 purpose of
cooperative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemployment,
by improving' standards of labor, and by otherwise rehabilitating
(b) T'he 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
Said amendment is accordingly approved.
HGHn S. JOHNSON,
JULY 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BUILDERS SUPPLIES TRADE
Strike out paragraphs one, two and three of Article VII of the
Code of Fair Competition for the Builders Supplies Trade Industry,
and substitute therefore the following:
1. It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to 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 Administrator for his approval, sub-
ject to such notices and opportunity to be heard as he 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 Trade;
"(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equita-
ble contribution as above set forth by all members of the Trade,
and to that end, if necessary, to institute legal proceedings
therefore in its own name.
"2. Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the Trade 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 par-
ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obliga-
tion 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 Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved."
Approved Code No. 37-Amendment No. 1.
Registry No. 1013-3-02.
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