NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION~
EXCELSIOR AND EXCELSIOR
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Approved Code No. 146--Amendment No. 1
Registry No. 310--02
AS APPROVED ON OCTOBER 31, 1934
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r ; "" settle, Warsh.: 800C Federal Office Building.
Approved Code No. 146---Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
EIXCEtLSI[OR, AND EXCIELSIOR PROltDUCTIS
As Approv~ed on. October 311, 1934
APPrRO\ ING AMENDMENT OF CODE OF FAIR COMPi~ETITION FOR THIE
EXrCESIOR AND EXCELSIOR PRODUCTS INDUSTRY
Acn application having beenr duly- made pursuant to and in full
compliance with the provisions of TIlitle 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 Excelsior and Excelsior
Products Industry, and hearings having been duly held thereon 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 Pre~sident of the United
States, the National Industrial Recovery Board, pursuant to a~uthor-
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 constitutedl after beings amended comply in all
respects with the pertinent provisions and will promote the policies
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 her~eby amended to include an approval of
said Code in its entirety as amended, such approval and such amend-
ment to take effect ten (10) days from the date hereof, unless good
cause to the contrary is shown to the ~National Industrial REecovery
Board before that time and the National Industrial Recovery Board
issues a subsequent order to that effect.
NATIONvAL INDUSTRIAL RECOVERY BOARD
By G. A. LYNcar, Adm~inistrative O~f)Ear,
W. P. ELu;s,
Acting Divtisio Administra~tor.
WPCBsmwNGONo, D). C.,
October 31r, 1934.
94593 *---1244-119----34 <
REPORT TO THE PRESIDENTT
The W~h~ite House.
Sme: On December 7, 1933 you approved the Code of Fair Comnpeti-
tion for the Excelsior and Excelsior Products Industry.
This is a report on anr amendment to that Code. A Notice of
Opportunity to be Heard on this Amendment was published on
August. 28, 1934. The Amendment provides that each member of
the Industry shall pay an equitable contribution to the expenses of
the maintenance of the Code Authlority, and further provides that
only mlemlbers comlplg ing with the Code and contributing to the
expenses of its administration unless duly exemptedl, shall be
entitled to participate in t~he selection of the Code Aut~hority or to
receive the b~enefit of its r~olunt.ary activities.
The DeputyV Admninistrantor in his final report, to us on, said Am3end-
ment to said Codle having found as herein set forth and on the basis
of al the proceedings in1 this matter:
W7re find that:
(a) The. Amndmnlent to said Code and the Code as amended are
well dles~ignedl to promote the policies and purposes of Title I of the
National .Industrial Recovery Act including the removal of obstrue-
tions to thne free lo~w of inter~stalte and foreign commerce which tend
to d'imlinish the amount thereof, and will provide for the general
welfare by promo~ting; the organization of industry for thte purpose
of cooperative action among trade groups, by inducing and main-
taining united auction of labor and management under adequate gov-
er~lnmental sanction an1d supervision, by elinuinatinga unfair comipeti-
tiveB practices, by promoting the fullest possible utilization of the
present productive capaity of industries, by avoiding undue restric-
tions of pr~oductiol (ecept as may be temporarily required), by
increasing the consumption of industrial and agricultural products
thmrouh inrcI~reaingr purllchasing power, by reducing and relieving un-
employment, by- imzprovilng standards of labor, and by otherwise
(b) The Code as amended complies in all respects wth the .perti-
nent provisions of said Title of said Act., includinng without lImitat-
tionn Subsection (a) of Section 3, Subsection (a) of Section. 7, and
Subsection (b) of Section 10 thereof.
(c) The Amendment and the Code as amended are not designed
to, and will not, permit monopolies and monopolistic practices.
(d) The Amendment and the Code as amended are not designed
to, and w~ill not, eliminate, or oppress small enterprises and will not
operate to discriminated against, them.
(e) Those engaged in other steps of the economic process have
not been dleprived of the right to be heard prior to approval of said
For these reasons, therefore, we have approved this Amendment to
For the National Inldustrial Recovery Board:
G. A. L;YNn
OCTOBER 31, 1934.
~AM1ENDM~ENT TO THIE: CODE O`F' FAIR COMPETITION
FOR THI[E: EXCELSIOR AND EXCELSIOR PRODUCTS
1Modify Article VI by deleting Section 1 (f) and substitutinga in
lieu thereof the following:
(f) It bein foundl necessary, in order to support the adlministra-
t~ion of this Code anrd to maintain the standards of fair competition
established hereunder andt to effectuate t~he policy of the Act, the
C~ode 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 whichl may be raised as hlereinafter provided and2 which
shall be held in trust for the purposes of the Code.
(B) To submit to the Adiniilstrator for his approval, subject to
such notice and opportunity to be heard as he mayS deem necessary,
(1) an itemized budget of its estimated expenses for the foregoinga
purposes, and (2) ant equitable basis upon which the funds necessary
to support such budget shall be contr~ibutedl by members of the
(C) Ar~s after such budI;,et and basis of contributions have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all such members of the Industry,
alnd to that end, if necessalry to institute legal proceedings thlerefor
in its own name,.
Each member of the Industry shall pay his or its equitable contri-
bution to the expecnse~s of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Admninistrator. OnlyV meml-
be~rs oFf he Indusltryl complying with the Code and contributing to
the expensesj of its administration as hereinabove provided, unless
duly exemnpted fr~om makringr such contributions, shall be entitled to
participate in the selection of members of the Code At~uthorityT or to
receive the benefit of its voluntary activities or to make use of an
emblem or :insignia of the National Recovery Admlinistrat~ion.
The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimatedr in its ap-
proved budget, and shall in nlo 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 Adtministrator shall have so approvedl.
Approved Code No. 146t---me~ndment N~o. 1.
Registry No. 310-0.
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