NATIONAL RECOVERY ADMIINISTRATION
C ODE O F FAI[R C OMPET ITI ON
I I -
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Approved. Code No. 68--Amendment No. 2
Registry No. 1329--02
AS APPROVED ON SEPTEMBER 27, 1934
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Approved Code No. 68---Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION~
ROAD MACHINERY MANUFACTURING INIDUSTRtY
As Approved on September 27, 1934
APPROVrING hlODTFICATION OF CODE OF FAIR COMPETITION FOR THEI
ROAD $1ACH-INERY nIANUFACTURING INDUSTHY
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 the approval of a modi-
fication to a Code of Fair Competition for the Road M~achinery
Manufacturing Industry, and opportunity to be. heard thereon hav-
2ng been duly noticed and the annexed report on said modification,
containing findings with respect thereto, having been made and
directed to the President:
NOWY, THEREFORE, on behalf of the President of t~he United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant t.o authlorityg vested in mebyExecut~ive Orders of the
President, including Executive Order li.6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference said
annexed report and do find that said modification and the Code as
constituted after being modified comply in all respects w~Tith the
pertinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification 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 en-
tirety as modified, such approval and such modification to take eflFect
ten (10) days from thle date hereof, unless good cause to the con-
trary is shown to the Administrator before that time and the Admin-
istrator issues a subsequent order to that effect.
HoncI S. JoRNSON,
Administrator forl I~ndu~strial 1Tecovesry.
Approval recommended :
BARTON VT. hIURRAY,
RH ASHINGTON, D.C.,
September R7, 193S.
REPORT TO THE PRESIDENT
The Wthite House.
SmR: Thlis is a report on the M"odification of the Code of F'air
Competition for the Road Miachinery Mlanufacturing Industry to
incorporate the principles contained in Executive Order of April
14, 1934, relating to collection of expenses of Code Administration.
This M~odification was proposed in accordance with Article XiII of
the Code as approved October 31, 1933, and Notice of Opportunity
to be Heard was given fromt August 8 to August 22, 1934. No
objections were received.
The Deputy Admiinistrator in his final report to me on said Mlodi-
ficat~ion to saidl Code having found as herein set forth and on the
basis of all thle proceedings in this matter:
I find that:
(a) The M~odification t~o said Code and t.he Code as modified are
well designedl to promote the policies and purposes of Title I of the
National Indlustrial 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 wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
m~ental 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 anid relieving unemploy-
inent, by improving standards of labor, and by otherwise rehabilitat-
(b) Thme Code as modified compIlies in a~ll respects with thle perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The M~odification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The 1Modiic~ation and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against thlem.
(e) Thiosie engaged in other steps of the economic process have not
b~een deprived of the right. to be heard prior to approval of said
For these r~easons. these modlifications have been approved by mne;
subject, however, to a tenl (10) dlay waiting period as provided in the
Order of Approval.
HUGH S. JOHNSON,
SEPTEMBER 27, 193-1.
MIODIFICATION OF CODE OF FAIR COMlPETITION F'OR
THE ROAD MACHINERY MAN UFACTURI NG IN-
Pursuant to Article XII of the Code of Fair Competition for the
Road M~achinery Mlanufacturing Industry, duly approved by the
Administrator on October 31, 1933, and further to effectuate the
policies of Title I of t~he National Industrial Recovery Act, the fol-
lowfing modification is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Road
Machi-lnery\ Mannulfactunrin Industry.
Delete Section 2 of Article III, and substitute in lieu thereof the
Section 2--(1)-ITt being found necessary in order to support the
administration 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 wFh'ich may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit. to the Admimistrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for t.he foregoinga
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) Aifter such budget and basis of contribution have been a p-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the IndustryI, and
to that end, if necessary, to institute legal proceedings therefore in
its ow~n name.
(2) Each member of the Industry) shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and sulbjectt to rules and
regulations pertaining thereto issued by t~he Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
dully eempnted from making such contributions, shall be entitled to
participate 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 anyv obliga-
tions substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed t~he total amount
contained in the approved budgSet, except upon approval of the
Administrator; 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.
ApDproved Code Nio. 68-Amendment No. 2.
Registry~ No. 1329-02.
UNIVERSITY OF FLORIDA
3 1262 08584 1988