Por sarle by the Superintendent of DocumentsWashington, D.C. - Price 5 cents
Approved Code No. 102-Admendment No. 2
Registry No. 1329-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
SHOVEL, DRAGLINE, AND
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
AS APPROVED ON SEPTEMBER 12, 1934
This publication is for sale by the Superintendent of D~ocumentsl, Government
Printing Office, Washington, D.O., and by district offces of the Bureau of For~eign
and D~omestic Commerce.
DISTRICT OFFICES O1F THE DEPARTMENT OF COMMCERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingrham, Ala.: 257 F~ederal Building.
Boston, M~ass.: 1801 Custombhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chzamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohioi: Chi?,mber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
D-etroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Ch~amber of Commerce Buildiing.
Indianapolis, Indl.: Chtamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Comm~erce Building.
K~ansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1168 South Broatdway.
Louisville, K~y.: 408 Federal~ Buildling.
M3emph~is, Tenn.: 229 Federall. Building.
Mlinneapl~olis, Mlinn.: 213 Federal Building.
New Or'leans, La.: Room 225-A, Customhouse.
New York, N.Y.: 7i34 Customb!:louse.
Norfolki, Va.: 406 East Plume Street.
Philadtelp~hia, Pa.: 422~ Commercial Trust Building.
PittSburgh, Pa.: Chamber of Cormnnterce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, -Mo`.: 506 Olive Street.
San Fiirancisco, Calif.: 310 Custombouse.
Sealttle, Wansh.: 809 F'eder~al O~ffice Building.
Approved Code No. 102--Amendment No. 2
AMIENDM"IENT~ TO CODE OF FiA`IR. COMPETITION
SHFOVIEL, DIRAGLIN1VE, ANTD CRANEi INJDULSTRY~L
~As Approved on September 12, 1934
A-PPROVING MODIFICATION O1F COIDE O]F IiAIR COM IPETITIONT FOR THIE
SHOVEL, DRAGLIINE AND CRANEI TiNDES'lTY
An application hiainlg been duly~ mladle pursunnt. to and in. full
compliance with the provisions of Title I of the National Indlustrial
Recovery Acet, alpprovecd June 16, 1933, for the approval of a m~odi-
fication to a Codle of Fair Comlpetitio n for the Shocveil, Dragline and
Crane I~ndustry, and opportunity to be heard thereon~l having been
duly noticed and the annexed report on said modification, c~ontaining
findings with, respect thereto, hiaving been mnade and dlir~ecltedt the
NOW;T THEREFOIRE, oln behalf of the ]President of the U~nitedl
States, i,, Hugh S. Johnson, Administrator for Indu~str~ial Recovery,
pursuant to authority vested in me by Exe~cutive Orders of the Presi-
deint, includling 1Executive Order No. 654~3-A, dated Decemlber 30,
1933, and otherwise; do hereby in-orplorate, by r~eference said an-
nexedl report and do find that said modification alnd the Code as
constituted after being modified comply in all respe~cts with thme perti-
nent provisions andl will promote the policy and purposes of said
Title of said Act, and do herebyr order that said m~odific~ation be an-d
it is thereby approved, and that thme previous approval of said Code
is hereby modi~fied to include anm appr~oval of said Code in its entirety
as mIodlifiedl, such approval andl such modification to take effect ten
(10) days from the date hlereof, unless good cause to the contrary is
shlown to the Administr~ator before that timre anld thne Administrator
issues a subsequent order to that effect.
Hoon~:~ S. JTOrNSON,
Admi.znist~raor for IndullstrialT Recover~y.
Approval recommended :
BARTON ~. E.UHRRY,
September 19~ 11934.
REPORT TO T3HE PRESIDENT
Th~e White House.
SIR: This is a report on the Modification of the Code of Fiair Comz-
petition for the Shovel, ]Dragfline and Crane Indaustryr to incorporate
the principles contained in Executivec Order of April 14, 1934- re-
latingr to collection of expenses of Code Administration. This Ml~3odi-
fication was proposed in accordance with Article VIII of the Code
as approvedl Novtember 8, 1933, and Notice of Opportunity to be
Heard wats given from _August 23 to Septtemnber 5, 1934.
The Deputy Aidministrrator in his final report to me on. said Modi-
fication to said Code having found as herein set forth and on the
basis of! all thme proceedings in this matter:
I find that:
(az) The M3odification to said Code and the Code as modified are
wtell designed to promote the policies and purposes of Title I of
the N~tational Industrial Recovery Act including the remnoval of
obstructions to the free flow of mnterstate and foreign colllnunereat
which tend~1 to diminish the amount thereof, and will provridle for the
general welfare by pIromoting~ the olrganization of indutry~,l for the
pu"rp'ose of cooperative actio -of --labor and management undler
ndeq-luate governmental. sanction and supervision, by elimninating unl-
fa~ir competitive practices, by promoting the fullest; poss~ib~le- ultiliza1-
tion of the present p~rodluctive capacity of industries, by avo~iding~
undue restriction of production (except as mafy be temlporarilS: re-
qu'ir~e-1), by increasing7 the consumption of industrial and agricul-
;tural p~rodlucts through iu rlea...:ing-, purcha~sin g power, by redu~cing
and relieving unemployment, by impr;loving standallr~ds of Inha~rl, andi
by otherwise? rehabilitating industry.
(b) The Code as modified complies in all respects with the p~erti-
nent provisions of said Title of said Act, including without limita-
tion Sub-e1;1ction (a) of Section 3, Subsection (a) of Section 7, anld
.Subsection (b) of Section 10 thereof.
(c) The Modification and thle Codae as modified are not destigned
to and will not permit monopolies or mnonop~olistic practices.
(d) The Miodification and the Code as modified are not designed~
to and will not eliminate or oppres~ small enterprises and will. not
operate to discriminate against them.
(e) Th~ose engagedr in other Ptcep.< of thie ecc-nomic. process have not
been depr~ived of the right to to~ heard prior to approval of said.
M~od ific~at ion.
F~or these recasonsli, these mod->~ilk-a~tions have beenCI approved'' byr me;
subject howeverc~, to a. tenl day waitingj periiodl us provided in the
Ordecr of APprovaL''1
How(;I S. .TaI)SSON,
MODIFICATIONS OF CODE O1F FAIRt COMPETITION F~ORE
THME SHOVEL, DR~AGLINE AND CRANE INDUSTRY
Pursuant to ALrt~icle VIII of the Clode of Fair Competition for
the Shovel, Dragline and Crane Industry, duly approved by the
Administrator on No~vember 8, 1933, and further to effectuate the
policies of Title I of the National Indiustr~ial Recovery Act, the fol-
10wing modification is estalblisheld as a part of said Code of Fair
Competition and shall be binding upon every member of the Shovel,
Dragrline and Crane Industry.
Delete P'aragrraph C, Section 1 of Article VI, and substitute in
lieu thereof the following:
SECTION 1--C--(1).--It 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, thle 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 which may be raised as hereinafter provided and which
shall be held in trust for the. purposes of the Code;
(b) To submit to the ~Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) a~n itemized budget of its estimated expenses for th2e foregioing~
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After such budget and basis of contribution have been a~p-
proved by the Adm~inistrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proc~eelingvs therefore in
ItS own name.
(2) Each member of the industry shall pay his or its equitatble
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove' provided, and subject to rules
and regulations pertaining thereto issued by the Adrministrator.
Only members of th~e industry complying with the code and con-
tributing to the expenses of its administration as hereinabov-e pro-
vided, unless duly exempted from makrinng such contributions, shall
be entitled to participate in thne selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblemn or insignia of the National Recovery
(3) TIhe Code Auth~ority Shall1 neither incur nor pay any ob~liga-
tions substantinly in excess of the amount thereoc~cf as estimlated in
its appr"ove~d ~lulgeb~t, and shall in no ent..lf exSrceedl the to~tal amounlllt
contanedcr in the appll'\'rov budget,~cf xcept.~~l up~on appr~lo\'l of the
Adm ini Iistra~ntorl; an Id no sulbsequentllt budge~rt shall contain any ilefilinc iy
itern for explendfitures in xcsccs of prior budge~rtt e~stimlate- ecslep~t
those wh~ichl the AdmlrinistratoroI shll: have so apprlovedl.
Approved Code No,. 102-Au;lenC~d Inent NSi. 2.
Regyistr'y No. 13"! -1-01l.
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