For sale by the Superintendent of DocumentsWashington, D.C. Price 5 cents
Registry No. 1028--41
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON FEBRUARY 10, 1934
WE DD 0UR PART
GOVERNMENT PRINTING OFFICE
WABBINGTON : 1984
UNIVERSITY OF FLORIDA
IWIVHIMAIIPIUX IMR I
3 1262 08482 92165
rrpproven Loae 1%o. 31--Amendment No. 1
`e ~"~'' "9
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
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AIMENDMENT T`O CODE OF FAIR COMPETITION
Als Approved on February 10, 1934
AtlPPROVING AMENDMENT OF CODE OF FAIR COMPETITIONS~ FOIR THE
An application having been dully made pursuant to and in full
compliance with the provisions of Title I, of the National Indlustrialt
Recovery AtSct, app~rov~ed June 16, 1933, for approval of an amnend-
mlenlt to a Code~ of Fair Comnpetition for the Lime Indlustry, and
hlearingas having been duly held thereon and the anlnexed report on
said amlendlment, containing findings with, respect thereto, having
been made and direc~tedl to the Presidecnt.:
NOWII, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnsoln. Administrator for Industrial Recovery,
pur'suant to authority rest~ed in me byExecutive Orders of the
President, including Executive Order No. 6543-A, dated December
30), 19r33, and otherwise; do hereby incorporate, by reference, said
un~nexedl report and do find that said amendment. and the Code as
con st it u ted after b~e ing rals'nlrend comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do thereby ordler that said amendment be and it
is her~eby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amlended~; proviledl, however, that the provisions of Article III,
Section 3, subdivision C, insofar as they prescribe a waiting per~iodc
between the filing with the Code Authorilty and the effective date of
revised price lists or revised terms and conditions of sale, be and
they are hereby stayed in their application to the Dolomite Division
as created by thiis amnendmlent spending my further Order either within
a p~eriodl of sixty dlnvs from the effective date of this Code or after
the completion of a study of open prrice associations nnow bi~ngr con-
ducted by the Naltional Recoverry Admiinistration.
HCoaln S. JoINson~,
Admnzin isfCtraor for1 InduIZs trial Rcov2e ry.
W\. A. IIARRIMAN,
Fbrua,try 10, 1,934~.
REPORT TO[' THE PRESIDENT
The White Hous8e.
SmR: This is a report on the Amendment to the Code of F'air ComrJ-
petition for the Lime Industry creating a Dolomite Division of that
Industry and including an additional group of manufacturers of
Dolomitic Refractories under the Lime Code. A hearing on this
Aill~merdmen was conducted in Washilngton on the twenty-third of
N-ovember 1933, in accordance with thre provisions of the National
Industrial Recovery Act.
Except as otherwise specifically provided in the Amendment,
described as Schedule B, all provisions of the L~ime Code will apply
within the Dolomite Division, including the mandatory provisions
of the Act. No change is made in the Schedule to the wage and hour
provisions of the Code as originally approved, so that those pro-
visions remained the same under the Code, as amended.
ECONOMIC EFFCTS OF THE CODE
The Dolomite~ Industry employs at present only about 490 persons.
Six of the eight plants in the Ilndustry produce lime as their prin-
cipal product, using in some cases the same men and machinery.
Since these plants are already under the Lime Code there will be
little effect on hours and wages. T~he Amendm-ent will. however,
avoid possibilities of confusion in these sixr plants and of unfair
competition based onl wages by the other plants niot under the Lime
The At~ssistant; Deputy Administrator in his final report to me on
said Amendmlent having found as herein set forth and on the basis
of all the proceedings in this matter;
I find that-
(a) The Amendmuent 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 obst rue~-
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 th~e organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintain-
ing united action of labor anrd management under adequate govern-
mentall sanction and supervision, by elimninating unfair competi-
ti~ve pralctice;, by1 promotinrg the fullest possible utilization of the
present proluc~t ive npc.fl:city of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the cornsumlption of industrial and agricultural products
thrmpough increasingpurching poweclr, by reduncing anld relieving
unmlomnt yimpoigsadrso labor, and by otherwise
(b) The fodec as amendled comlplies in all respects with the perti-
nent provisions of said Tritle of said Act, inclu~dingr without limnita-
tioln Subsection. (a) of Section 3, Subsection (a) of Section 7, and
Sub~section (b) of Section 10 thereof.
(c) The Dolomitic Refractories Institute is an industrial associa-
tion truly :re~prese~ntativ~e of that portion of the aforesaid Industry
a7ffeccted by the said Amrendc' ment, and that said association imposess
no inequitable! restrictions on. admlisision to mremlber~ship therein and
has applied ~for or conse~nts to this Amendmenlt.
(d) The Ame~ndment and the Code as amended are not designed
to and will not permit- monolpolies or monoropolistic practices.
(e) Th~e Amlendmnent and the Code as amndedl'lc are not designed
to and will not eliminate or oppress small1 enterprises and will not
operated to discriminate against then.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to alpproval of said
(g) The Lime Industry, through its Code A~uthority, has ap~provedl
of and consented to the said Amelmendet..
For these reasons, the~reforec, I have approved this Amendmenrt.
HIUGH S. JoINson,
FEBRUA~RY 10, 1934.
AMENDMENTT TO CODE OF` FEAIR COM/PETITION F'OR
THE LIME INDUSTRY~
SOHFEDIR B -DoLOMITE DIVISION
SECTION 1. Within the meaning of this Code, as amended by thne
addition of this Schedule B the term Lime Industry not only
has the meaning stated ini Article I, Section. 1, but also includes the
manufacture of dolomitic lime for sale as a -refractory, irrespective
of thne extent of burning or of other refinements.
The maunfa~cture of dolomlitic lim~e (referred to hnereinl as dolo-
mite ")for sale as a refractory is hereinafter referred to as the
dolomite division of the Ltime Industry, which division shall consti-
tute a self-governing branch of the Lime Industrly.
The provisions of this Code required bySections 7 (a) and 10 (b)
of the Act, and all other provisions ofthis Code not otherwise
specifically referred to and provided for in this Schedule, shall
apply with equal force within the dolomite division.
SEC. 2. The members of the dolomite division shall select a Dolo-
mite Code Aluthority for the entire U~nited St~ates, consisting of
one representative of each such manufacturer to administer the Code,
as amended by the addition of this Schedule B3, within the dolomite
division. Except as otherwise herein provided, the Code Authority
shall exercise and perform the duties and powers in respect to thle
dolomite division. which the D~istrict Conltrol Committee have
under the Code in respect to their respective districts, and shall be
subject to the same restrictions, limitations, and requirements. Ref-
erences in this Code to the respective Lime Industry Districts or
District Control Committees shall be construed as also referring to
the dolomite division or to the Dolomite Code Authority, as the
case may be, unless the context requires a different construction, ex-
cept that the term District ", when applied to thne dolom~ite divisioD
shall refer to the entire territory subject to this Code.
The! Dolomite Code Aut~hority shall also exercise and perform inl
respect to the dolomite division thne powers and duties which t he
Trade Relations C~ommittee has in ~respect to the remainder of the
Lime Industry under Article III, Section 1; A~rtile I[II, Section 3,
subdivisions (c) and (d); Article IVT, Section 2; and Article V, See-
tions 1 and 2 including t~he provisions contained in subdivision (b)
of Section 2 of Article V as to collecting reports and furnishing
them to the Administrator.
The provisions of Article III, Section 3, subdivision (b), as t~o
weighted average costs, shall not apply to the dolomnite~ division;
norI shall the last senltnclce in subdivision (a) of Section 5 of Ar~ti-
cle V, provided that appeal m~ay be taken to the A5dmninistrator fromll
the D~olomnite Code APuthzorityT in the manner and in the r~espects
specified in subdivis~ion (c) of Section 5 of Article V.
Th~e representatives appointed by the Administrantor to the Trade
Relations Committee pursuant to Section 1 of Article V shall zpso
facto be appointed to thte D~olomcite Code APuthority anld, as repre-
sentativles on the Dolomnite Code Authority, shall have the same
powers and duties in respect of the dolomite division as they have
as representatives on. the Trade Relations Comm~ittee in respect to
thne remainder of the L~ime Industry.
For the purpose of facilitatingf the a~dminisrtrataion of this Code
wtiithnin the dolomlite division in cooperation with the Administra~tor
anly member or representative of the TIrade Relationns Conunittee des-
ignated by it shall be a nonvotingf member of the Dolomite Code
A u tho ri ty3. The Trade Relations Comrmittee and the D~olomite Code
Authority shall from time to time determine and career uplon the por-
tionl of the cost of thle admninistration of this Code to be borne by the
donloite division, which portion shall be apportioned amonc.lg the
manu lfact~urers of dolomite as they may themselves agree.
SIEC. 3. The Dolomite Code Authority may submJllit, such recomn-
mlendlt~io~ns as it deems dlesirable~ in regard to the control of dec-
str~uct~ive price competition in the dolomite division, and/or at pro-
posed formula for determining a mninimumn cos~t. below which no
member shall be allowed to sell th~e products of such division. Upon
alpproval; of such recommendations o~r formula by the Admllinistrnto~r
after notiice and hearing, such recommendations or formulla shali
become effective as part of this Sche.dule and of this Codie.l
SEC. 4. TChe D~~olomite Code Authority shall require all the present
produnmcr of don~~rlomtep within the rcnt~inental. U~nitedl SCtates ton regis1-
ter with it their respective producing enplncities of dolomite. The
intention of persons engaged or en aging i h rdcigo oo
mite to install addritional producing ernpnecity, shall be reported to
the Dolomite Code Authority-, and upon re~ce~iving suchl notice, the
Dolomite? Code Authority mayr mlake to the Adm:li nistra~tor such ree-
ommlnendations in res~pec~t thertol~c as it may deem des~irablle to effectu-
ate thne p~urposes of the Act.
SEO. 5. The provisions o-f this Colle, as amlendedi~ by the addition
of this Schedule B3 shall become effective within the do'flomite di-
vision on the tenth day after the al-pproval of this amnendmuent pur-
sunnt to the Act.
Approved C'ode No. 31---Aemendment No. 1.
.Registry No. 1026--01.
1Bee paragraph of order approving this; code.