NATIONAlL RECOVERY ADMINISTRATION
COD)E OF FAIR COM NPEIi THI ON
CANDLE MANUFACTURING INDUSTRY
~ANDI THE B~EES`WAXL BLEACHERS
~P'AND REFINERS INDUSTRY
For sale by the Superintendent of D~ocuments, Warshington, D. C. - Price 5 cents
Approved Code No. 302-Amendment No. 1
Registry No. 625--01
AS APPROVED ON DECEMBER 22, 1934
GOVERNMENT PRINTING OFFICE
This publication is for sale? by the Superintendent of Documents, Govenment
Printing Office, Waushington, D. C., and by district offlices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMECE
Atlanta, Ga.: 504 Post Office Building.
Birmingeham, Ala.: 257 F~ederal Building.
Boston, MaLss. : 1801 Custombouse.
Bulffallo, NV. Y.: ChI:.ushellr of Comlmerce B~uild~ing.
Charleston, S. C.: Chzamber of Commerce Building.
Ch~ic~ly.., Ill.: Suite 1706, 201 North Wells Street.
Clevelandt, Ohio: Chamber of Comumerce.
Dallas, TIex.: Chamber of Clommerce Buildlintg.
D~etroit, lic~h.: 801 First National Bank Building.
Houston, Tex.: Chamber~l~~ of C~om~meree L:uib~linlg.
Indianulpolis, Indc.: Chamber of Commuerce Building.
Jacksonville, Fla.: Chambler of Comllmerce `Buildling.
K~ansas City, M~o.: 1028 Baltimnore Avenue.
Los Angeles.~ Calif.: 1163 South Brocldway;I.
LouisvPille, Ky.: 408 F'ederal Building.
Me~mphis, TIenn. : ''-!I Federal Building.
M~inneapo~c l is, M;inn.: 213 Fedecral rBuibling~.
N~ew Orleans, Lal.: Rioomn 225-A, Custombouse.
New Y~ork, N. YT.: 734 Custombouse.
N~orfolk-, Va.: -mI; I;: Eat Pltume Stre~et.
Philmlellphini: Pa.: 422 Commercial Trust Building.
Pittsbulrgh, Par.: C'l;~ lhenbe of Commerce Building.
Pletinua~l, Oreg.: 215 New Post Office rBuildling.
St. Louis, Mo.: 500t Olive Street.
San Fr:llll-iuo, Calif.: 310 Custombouse.
Seattle, wash.: 800 Felleranl Office Buildling.
Approved Code No. 302---Amendment No. 1
AMQBENDIMENTC TO8 CODE OF FAIR COMPETITI'`]ON
CANDLE MIALNUFALCTUJRINIG ~MINDULSTRY AN D
TH~E BEESWAX BLE]ACHER1~iS AND~J REFINHERS
As Approved on December 22, 1934a
APRroviNo AMENDMENT OF CODE OF FAIR COM PE!TITIO`N FOR THE
CANDLE MANUFACTUJRING INDUSTRY ANrD THE BEESWAX ILEACHERS
AND REFINERS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of th~e National Industrial
Recovery Act, approved June 16, 1933, for approval of an. amend-
ment to a Code of F'air Comrpetition for the Clandle Ma~nufactu~trinrjIgr
Industry and the [Beeswax B3~~llchers and Refiners Industry, and
opportunity to be heard having been aflForded all inlt1ettrese partits,
and any objections filed having been duly consideredc~~, and the annexed.
report on said amendment containing findings withl respect thereto,
having been made and directed to the President:
NOWT, TH-EREFORE, on behalf of the President of the U~nited
States, the National Industrial Recovery Board, parenllllt, to auth~or-
ity vested in it by Exrecutive Orders of the Pr~esidlent, including
Executive Order No. 6859, dated September 27, 1934, does hereby
incorporate by reference said annexed report and. does find that
said amendment and the Code as constituted after being amended
comply in all respects with the Pertinent provisions and will pro-
mote the policy and purposes of said title of said act; and does hereby
order that said amendment be and it is thereby approved, and that
the previous approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECU1,.IITH BOARD,
By W. A. HARRIMAN, Adm~i~nistrative Officer.
JOSEPH F. BATTLZEY,
Acting DivLision Adiminist~rator.
WBsmwar1Ion, D. C.,
December a9, 1934.
1050320-1385-1r00j- :.3 (
REPORT TO THE PRESIDIENTPJ
The Wh~itfe HNouse.
SmR: An application has b~een dluly made pur-c~nant to and in full
compliance with the provisions o-f the National Industrial REecov~ery
Act for an amendment to the Code of Fair Competition. for the
Candle Manllufacturing Industry and the Bec\;swa B~lench~ersi and
Refiners~ InduLstry, submitted by the Code Authority for such
The purpose of this amnendment~lt is to emnpowver the Corde Authorityr
to incorporate and also to provide for th-e etab~lllis~hment ofi a vrolun-
tary liquidantdc lllnninge~ ag1cc ll~reeen among members of the Industry
for violation of any of the p~rovisions- of the Codle.
The Deputy Aidmninistra tor in his final report on said amlc~tlendmn
to said Code `having foundc as herecin set forth and on the basis of
all the proceedlingrs in this matter:
It is found that:
(a) The am~endmentnt to said C(Ite and the Code as amelinrled~ are
we~ill dtesigndc~ to promotelf~ the policies and purposes of Title I of the
National Inddustrial Rtecovery A~ct including the rem~ovall of obstruc-
tions to the free flow of interstate and fore~ign connerlcrc~e wPhich. tendr
to diminish the amount thereof, and will provide for the genlrla~l wecl-
fare b-y promoting the organlintizain olf industry for thle purlpose of
cooperative action of labor and ma~l~~nagee nt under ade~qulate gover~n-
mentalt~ l sanction and sup~crviic-,in, by elim~inatting unfair compell~titive
practices, by promoting the full~est possiblel ultilization of the prese~tnt
produll.ivec capacity of indutrl~lie byr avoiding undue re~stic~tio n of
prloduction (ecepr~it, as may'V be te~mporarTily requ.llired),~ by inc('lreasingr
the? consumplllltion of industrial and agrricutulturn1 produe~llsl through in-
creasing purchasingr l pow-er, by redlucinga and relieving une~nlplay-
mnent, by impr~o\ingr standlardts of labor, and by othierwn-et rehabilitat-
(b) T'he Code as amnender complies in all respects with~ thle por~ti-
nonlt~ provisions of said TIitle of said Act, incrluding" wFith ouLt limlitn ~-
tion sulbsection (a) of Section. 3, sublse~ction (a) of Sec~tionl 7 andl
subsecttionl (b) of Section 10 thlereo~f.
(c) TIhe Code1~ empowe~trs the Code Authority to present the afore-
said unumansentI~. on. beha~(11lf of the industry as a whole.
(dl) This amendment and the Code as amenlded~ are no~t designerd
to and will not permit monopolies and mnonop~olistic practices.
(e-) Th~2is ;Inwishlll~ntnt an the Codie a- a~mendled are no~t des~ignled to
alnd wuill not f'limlinatefl or oppr s" small e~ntcrprise~s anld wcill not
opraicrte to drisclrn inater agamst them.
(f) Thanl~i crlngned in other steps of the ecolnnnoiic~ process('2 have\ not
bee~n depT-rivedC otf the~ right to be hear11d pr~iort to approval ofE Fsid~
F~of fr h-i reaSo.nS, this amncldment'l ha:S beeln appIrov\edl.
Fo'cr thle N;t~ionlal Indlustriarl Reenvery~1. 3 Roard1.~ :
WT. A\. TT~inum~.\s.
DearueI 4 duiitrtr O)r
AMENDMENTT TLO CODE OF FAIR COMPETITION
C.ANiDLE MANUFACTURINGG INDUSTRY AND THE BEES-
W7AXr BLEA~CHERS AND REFINERS INDUSTRY
Article II, Section. 6, shall be amended to read as follows:
SECTION 6. The term "Aict as used herein shall mean Title I of
the National Industrial Recovery Act.
Article II shall be amended to include a new section to read as
SECTION 'I. The term "Administrator as used herein, shall mean
such person or persoc-ns, board or agency, as may from time to time
be designated by the President, pursuant to Section 2 (b) of the ALct
to administer the provisions of such Atct.
Article VI shall be alnw~nded to include two new sections to read
SECTION 9. The Code Authority may incorporate under the laws
of anly State of the United States or of the District of Colrumzbia,
such incorporation to be nlot for profit and to be known as Candle
and Beeswax Code Atuthority, Inc."; provided that the powers,
duties, objects and purposes of t~he said Corporation shall, to thme
satisfaction of the Administrator, be l~imlited~ to the pow\\ers~, duties,
objects and purposes of the Code Authority as provided in the Code;
provided further that the Code Authority shall submit to the Ad-
ministrator for hnis approval its proposed certificate of incorporation
and proposed By-laws, and no amendment of either shall be made
without the like prior approval of the Administrator.
SECTION 1_0. If at any time the Administrator shall determine that
the corporate status assumed by the Code Authority is interfering
with the proper exercise of its powers and duties under this Code,
or with the effectuation of the policies or purposes of the Aict, he
may, after such notice and hearing as he mlay deem necessary, require
an appropriate modification o~f the structure of the Corporation (if
consistent with the law of the State of Incorporation), the substitu-
tion of a corporation created under the laws of another State in. the
same manner as the existing Code Authority, the substitution of a
nron-corporate Code Authority truly repr~~esentative of the Industry,
or such other actions as he mnay deem expedient.
The Code shall be amended to include a new Airticle to read as
Recognizing that the violation by a member of any provision of
this Code will disrupt the normal course of fair competition in the
industry and cause serious damage to others, and that it will be
impossible accurately to de~te.rmine the amount of such damage, it is
hereby provided that those membersI w~ho may desire to do so may
enter into an agreement among themselves embodying the following
1. Eatch member vio~lal~tin any provision of this Code shall pay
to the Treasurer of thef Code Authority, as an inlividuall and not as
Tretasurerl in thrust, as and for liquidatel dlamages, upon deter~mina-
tion of viola~tion by the Abornlll.straaor r, or any impartial agrency or
p~ers~on no~inlate~d b;y the Code Authority or decsignated by the
asetersili~ of this agrbr~~~eemet and approved by the Admiinistrator,
amounts as set for~th below:
(a) For the violation of any wage provision, an amlcunlt equal to
the diffe~~rrcet betwteen the wages' which hatve been paid and the wag;les
which woulllld have been paid~ if the member had complied with the
applicable provisions of the Code;
(b) For the violation of any hour leav,\ision,r an amount equal to
timne anld one-hallf of the empllloyee's I~reular ratte! of paZy, for all hours
wvorkedi inl excess of the mlaxrima established in Article II1I: of' this
(c) Fior thle violation of any labor provision of the Code other
thlan an houlcr or wage provision, 100 dollars;
(di) For thle violation of any provision of thle Codle otherr than
a labor pr~ovision1) involv\ingr a transus-tion incidental to or con-
nectted w~ithl a sale of any product of thle Indusltry, an amount equal
to 25 percent of thle actual selling price of the product sold inr viola-
tion of any suchi poroisionr or of thle price at which th~e plrod~uct
shoullld have! beenr sold under the Code, if detelrminabll e, whrichever
is thle hligher, but not lesis than '25 dollars;
(e) For the violation of anly provicionll of the Code (other than
a labor provision) not involving a trunac;ition incietalclR to or
connell~cted wTith a sale of any product of the IndusltryS, 100 dollars.
2. All amounts so panid to or collected~ by the Treasurer of thne Codec
Auithorit~y, unrder thle provisions o~f this ~r~ticle, shall be app'lie`d by
hliml as follows: Frir~st, if the violation shallha bn of a
labor provision of the Ctode, equliita~le di-tr~ibitioln of all (Iamagesl'~
p'aidi thzereor shaltl be mzade amongIlb all employedl directly
affected by suchl vio~lation; sconlrd, if the violatio~n shall hav-L~e beeni o~f
at codle provision, other than a1 labor provi-innl. the damage~~c s arising
ther~efromr- shanll be uitilizced to defray proper expenses of cendte athniiin-
Trea~tsurerll 4)hall1 be IIi st r ibuterd ornIIi -atnn~ually amo1( I! ngemnbers of the
prcedtingr semi-atinnall periodl, onI thec basis of thle mosclt recL(ntIl ;Isse ~-
:Iltlelli 118 i; t lli lclle -O 0 N I-f or(1 .nll- fc d
3, Assent~tC to thlis Ar~titcle by? any1? noCIII(I 1;nher 1 shale evidncedt by
signedt staltcimentlC signiifyting assenltt, filled writhi thel (Icode Authlity.
)P C :14 11 ****--~~~Z ? st W I 1 P ~ f O C I I i l G i d I 1 I I:.1c'l illel' (;I '1b i n < I e in
andt sh;tall rendclr thle vio~lator liab~le fori thle >~ayment'l of Iyliqui.Inteel
damages as herein. provided, (2) all rights and causes of action aris-
inrg hereunder are assigned to the Treasurer, individually and in
trust, and (3) that the Treasurer, as such assignee and as attorney in
fact for each assenting lemlberl, may take all proper legal action
concerning damages found due hereunder.
4. The Code ALuthority may waive liability for paymeent of liqui-
dated damages for any violation it finds to have been innocently
made and resulting inl no material injury.
5. TChe Treasurer of the Code Authority, as an indlivicana~l, and not
as Treasurer, by accepting office, accepts the trust etabt~liheld bly this
contract and agrees to perform the duties of Trustee hereunder until
his successor in office may have been appointed.
6. The Code Authority shall submit to the National RcovetryS
Administration a complete report on. the disposition of each case
arisingf under this Article.
7. Nothing contained herein shall be construed or applied to (a)
deprive any person. of any right or right of action. arising out of this
code, or (b) relieve any member of the industry from anly contractual
or legal obligation arisingf out of this code or of the Act or otherwise;
nor shall violation of this agreement by- an assent~ing member be
deemed a violation of the code, so as to subject the violator to any con-
sequence a rising under Section 3 (b), Section 3 (c), or Section 3 (f )
of the National Industrial 1Recovery At~ct, nor to any criminal prose-
cution of any kind.
8. This agreement may be terminated at any time by a two thirds
vote of the members entering into this agreement.
Acpprovedt Code No. 302--Amendment No. 1.
Registry No. G2,M~l.
11111111 1111lill i 111111 IliillUIIII II