amendment No. 1
Registry No. 1039--11
For sale by the Super~ntendent of Documenrts, Washington, D.C. -*-
- rice 5 cente
lii ll I~ l lili llll I1111111 1111 111 11 11ll 111111111 I
This publication is for sale by the S~upe~rintendent of Documents, Government
Printing Office, W~ashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Comnmerc~e Building.
Charleston, S.C.: Chamber of Commlerce Building.
Chicago, Ill.: Suite 1706, 201 North W'ells Street.
Cleveland, Ohio: Chamber of Comlmerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, MI~ich.: 801 First National Bank Building.
HEouston, Tex.: Chamber of Comomerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F~la.: Chamber of Commerce Building.
Kansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 116i3 South Broadway.
Louisville, Ky.: 408 F'ederal Building.
MIlemphis, Tenn.: 229 Federal Buildling.
M~inneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse?.
Norfolk, Va.: 406 ]East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commnerc~e B~uildingR.
Portland, Oreg.: 215 New Post Offie B3uildling.
St. L~ouis, Mo1.: 506 Olive Street.
San Francisco, Calif.: 310 Custombo~use
Battle. Wash.: 800 Federal Office Building.
Approved Code No. 388--Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on September 21, 1934
APPROVIKO AMENDMlENT TO THE CODE OF IFAIR CIOMIETITION FiOR THEE
An application haRving been duly madle pursuant to and in full
complliance with the provisions of Title I of the National Industrial
Recovery Act, app~rovedl June 16, 1933, for approval of an amren~d-
mnent to a Co'de of Fair Competition for the Sandstone Industry,
aind an opportunity to be heard having been duly afforded all in-
terestedl parties, andl the annexed report on said amendment, con-
taining findings w~ith respect thereto, having been miade and directed
to the President:
NOW, THEREF~ORE, on behalf of the President of the United
States, I, Hugh S. Joh~nson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, andi otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment andi the Code as
constituted after being amiendedl comply inl all respects with the
pertinent provisions and w~ill 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 t~o include an approval of said Code in its
entirety as amended.
HUGH S. JoINSON,
Admzin~itrator for Indlustial~ Rec~overy.
Approval recommended :
C. E. ADAMS,
Sepftember 1, 1934.
REPORTtI TO TH3E PRESIDENT
The Whr~ite House.
SIR: In alccord~cance with the provisions of the Code of Fair Com-
petition for the Sandstone Industry, approved April 6, 1934, t.he
Code Authority has submitted an amendment to Article VI, Section
1 (e) (5) dtsignedl to empower the Code A~uthority to collect assess-
ments from members of the IndustryT to provide for the expenses of
administeering the Code. Under this ame~cndmelnt~ payment of such
useemnts ill not be mandatory until the Code Atuthor~ity has
submitted and has had approved by the Administrator, a Budglet andc
plan of assessment. A provision of thne amendment forbids the C'ode
Authority from making expenditures in excess of their approvedl
budget. These provisions replace the former provisions for sulpport-
ing the Code Authority through voluntary payments.
The Deputyr Administrator in his final report to me on saidl amend-
m~ent to said Code having found as herein set forth and on th)e basis
of all the proceedings inl this matter:
I: find that:
(a) That amendment to said Code and the Code as amended are
well designed to promote~ the policies and purpose-cs of Title I of the
National Industrial Recovery Act including thTe removal of obstrue-
tions to th~e 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 among Trade Groups by inducing andl mAin-
taining u~nited. action of labor and mlanagrement under aleqluate
governmental sanction and supervision, byT eliminating unfair comp-
petitivee practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undule re-
striction /of production (except as may be temporarily r~equir~ed),
by increasing the consumption o~f industrial and aSr~icultulral pr1odu-
uctss through increasing purchasing power, by reducing n eivn
unemployment, by improving standards of labor, andbotrwe
(b) The Code as amend~tedl complies inl all respects with the per-
tinent provision of said Title o~f said iAct, including without limli-
tation sub-section (a) of Section 3, sub-section (al) of Section 7i andl
sub-section (b) of Section 10 thereof.
(c) The Code empower1s the Code Aruthority to present th~e atfore-
said amendment on behalf of the industry as a whole.
(d) ThI-e amendment and thne Code as amended are not. desiignedl
to and will not permit mIonopo~lies or mronropolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises an~ -will not oper-
ate to discriminate against t~heml.
(f) Those engaged in other steps of the economic process have nrot
been deprived of the right to be heard prior to approval of said
For these reasons, thlerefore, I: have approved th-e amendment.
HJUGHI S. JOHNPSON,
SEPTEMBER 21, 1984.
AM EN~DMIENTC TO CODE OF FAIR COlIlPETITION FOR
THr~E SALND)STIONE INDUSTRY
Mocdifly ALIrticle VI, Section 1 (e) (5) by deleting present Section
1 (e) (5) and subs~titutingr in. lieu thereof, thre followings new7 parn-
g~raphis and renumlber present paragraph (6) tol read, pIar~agrap h (8) :
(5) It being; found necessary in order to supp~lort thle administrat-
tionn of this Code and to maintain. thne standards o~f fair competition
estlabli hled hereunder and to effectiuate the policy of the Alct, the
Code Authority is authorized:
(a) To incur such. reasonable obligations as are necessary and
proper for th~e foregoing purposes and to mleet suchl obligations
out of funds which may be raised as he~reinafter prlovided and
which shall be held in trust for the purposes of th~e Code;
(b) To submit to the Administrator for his ap>proval, subject
to such notice and opportunity to be heardl as h~e muay deem nee-
essary, (1) an itemlized budget of its estimated expenses for the
'foregoing5 purposes, and (2) an equitable basis uponl which th~e
funds necetssarny to support such budget shall be contributed by
members of thre Industry;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forthi by all members of the
Industry, and to that end, if necessary, t~o inlstitut.e legal ;pro-
ceed ings therefore in its o~wn name.
(6j) Each member of the I~ndustry shall pay his or its equitable
contribution to the expenses of the maintenance of the Codle Au-
th-ority, determined as hereinlabove provided, andl subject to rules
and regulations pertaining thereto issued byv the Admninistrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
v~ided, unless duly exempted from mnaking~ suchl contributions, shall
be entitled to participate in the selection of the members of the Code
Authority or to receive the benefit of its voluntalry activities or to
mlake use of any emblem or insignlia of the National Recovery
Adm1I1inis;t rat ion.
(7) The Code Authority shall neither incu~r nor pay any obliga-
tion substantiallyr in excess of the amount, thereof as estimnatedl in
its approved budget (and shall in no event exceed the total amount
continued in the approved budget.), except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures mn excess of prior budget estulnates except
those which thle Administrator shall have so approved.
Approved Code NIo. 388--mendment No. 1.
R~egist ry No. 1030-11.
Digilized by Ihe Iniiernia Archilve
In 2011 w~ilhi lundll g hlom
Un1IVersily of Florida. George A. Smathers Libraries w~ilh suipport Irom LYRASIS and the Sloan Foundallonl
hllp: Ywww.archlive.org details amenldmenitocodeoc828unal