NATIONAL RECOVERYIU ADMINISTRATION
CODE OF FAIRt COMPEHTITION
ELECTReIC STORAGE AND
WTET PRIMARY BATTERY INDUSTRY
UNIV. OF~ FL LLS.
URRIS D CFLc
For elle by the Superintendent of Documents, Washington, D.C. .~ r Price i cents
Approved Code No. 4l0--Amendment No. I
Registry No. 699--1--05
AS APPROVED ON JULY 27, 1934
GOVERNMENT PRINTING OFFI(r*
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and Domestic Comumerce.
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Approved Code No. 40--Amendment No. 1
AMENJDMPEN1T TO CODBE: OF FAIR COMPETITION
ELECTRIC STLORfA~GE AND1 WTET PR~IM~AR~Y
As Approved on July 27, 1934
ArrovIwo AIMENDMNENT TO CODE OF FAIR COMPETITION FOR THE
Eracanc STORAGE AND TIET PRIMARY BATTERY INDUSTRYTn
An application having been duly made pursuant to and in full
complin ne with the provision of Title I: of thne National Industrial
Recovery Ac nt, approved June 16, 1933, for approval of an amrend-
ment to the Code of Fair Comlpetition. for thne Elcctr~ic Storagnge and
Wlet Primnary Battery Industry (a copy of said amendment is
attached hereto and denominated Exhibit "'A"), and as c~ontainecd
in a Publishe~d Notice of Opportunity to be H-eard, Administrative
Order N~o. 40-5, dlat-ed June 27, 1934, andi no objections having beent
filed as providted in said Published notice, and the annexed report
on said amendment, containing findings with respect therctc., hav~ing
been~l madl(.e and1 directted' I to lthe Pretsident:l
NOW, THEREFORE, on behalf of the President of the U~nitedl
States, I, Hugh S. Johnson, Administrator for IndustrialZ Reco~very,
pur'Sunnt to authority vested in me by Executive Orders of t1he
Presidlent, including Executive Order 654,-3-A, dated Decemnber 30,
1933, and otherwise, do thereby incorporate, by r~efe~rence, said annlexed~
report and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
v-isionls andi will promote the policy and purposes of said Title of said
Act, and do hereby order that said7 amendment be and it is hereby-) S
app~roved~, and tharzt the previous approval of said Code is hereby
amllrl~ende to include an approval of said Code inl its entirety as
amlendedc, such approval and such. amendment to take effect ten (10)
days from the dalte hereof, unless good cause to the contrary is shown
to the Adm~inistrator~o before thant time and the Adm1Uinistratoro issues
a subsequent order to that etifect.
Hean S. JonnowS`,,
Adt711;ininktrat or forIi 7 ndIrk ial Recove~ry.
C. E. ALDAIMS,
REPORT` TO THIE PRrTPESIDET~
Th72e Whit~ie H22o-use.
SmR: Atn application has been d~uly mad~e pcur~suant to awnd in full
compliance with the p~ro~isiolns of the iNational Industri~l~ Recovery
Atct, for an amlendm~ent to the Code of Fair Comnpeltition for thie
Electric Storagre and Wet Primnary Battery Indusrltry,- submitted by
the Code Au~lthoritey for the anid Ind-ustry.
The existing provision of Article IX of the Codle for said Inldustr-y
is entirely inadeq(uate~ in view of Executive Order~1 6678, dated April
14, ~s193, and Adm~inistraztive Order X(-36j, tlated~ Mary 26, 1034~, and
it is theref-iore evident that the pr~loposed' amendments to Article V7I
of said Codle, the pros-isions of which follow closely the text of the
above: mentllionerd Ordercls, will ovel''Cnrcom the exsistingb inadequalte
T~he3 Deptflty kAlniniitlr,: orl inl his 11nal report~L tou melr on said a nd
mentd to said C~ode haviing found as hrerein1 s~et florthl and~ on the( ba9sis
of all the p l.;tro w ing. in this matter:
I find that:
(a) TIhe rzoneiirlmenlt to said Code and( the Code as amllendred are
well c'lt..igned~~l to prlomlote the policies and puarposes of Title ~ of
the National Indutstrial. Recovery Act jnc~lulling thec reov al~ of
obstructions to theI free drlow of interstate and folr~eign con~lunerce~
which t~endi to. di3minish the amounilit thereoC(f,:lr and ill provide for the
ge~nera~l welfare by promrotingr the organ!Iizatr'ion of indul~stry for the
purpose of coopera1;tive action amongT trade groups, by indul~cing~ andi
unt~intu~liniig' united ne~tionl of labor ~andc managentll'~llit~~~cl us l~er nldeu
goivernowatal.l: :anlc'tion! antd i.upermsic-n, by lelanilnutmg unfair com-
pectitive practices, by promotingi"~ the fu.llest possible uti~iz~ation1 of ther
pre en'"t productive! cplacrity- of the inldustr~ies, by avoriiding unduet
restrilctionsl of prdcln:tio~n (lexczept as mzay be temnporarily r~equiredl),
by7 inc~reasing~ the conunpi~iition of induiistrial and gitrapod
Uc-ts thlrough'1 iniicrea ing pur~Chasing~r pow~~er, by IrdulC~ing~ anidrei
me1 unc-nploymeannt, by imp~rrovillg st~andlardts of labor, and11~ by orther-
wise reh1abijitatin~g -industry'.
(b) The Code as a~mended complies in al res.pects w~ith the3 perti-
nent provisions of sakid Title of said Act, including without limritation
Subs),ectio~n (a) of Section 3', Subwe~t-tio~n (a) of Section 7, andl Subsec-
tion (b) of Section 10 thereo~cf.
(c) Tlhe a:~mendowilnt and the Codle as amnended are not detsignelld
to and will not permiit monopolies or mionopo~li.,tie practices.~
(dl) Thle amendment andl the Code as amended are not des~ignred
to and will not eliminate or oppress~ small enterprises and will not
operate to dliscr~iminuter against them.
(e) Those engag~red in other steps of the economic process have
not been deprived~r' of thle right to be heard prior to approval of said
For these. reasonsI1, therefore, I have approved this ammanel~ll nt..t
I-IcUGI S. JonISOSe,
JurrP 27, 19341.
AMENDMENT TO CODE: OF FAIR COMPETITION FiOR
THE ELECTRIC STORAGE AND WVET PIRIMAIRY- BAT-
Delete Article IX and amend Article VI by adding a n~ewF section
thereto, to read~c as follows:
3 (a) It being found necessary in order to support the administra-
tion of this code! and, to maintainH the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary andl
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;
(2) To submit to the Administrator for his ap~r~oval, subject
to such notice and opportunity to be heard as he mnay deem.
necessary (1) an itemized budget of its estimatedc epesyles for
the foregoing purposes, and (2) an equitable basis upon which
the funds net~.:Maryl to support such budget shall be con~ltr~ibuted
by membersj~1' of the indurstry;
(3) After such budget and basis of contribution have been
approved by the Administrator, to determine and obt~ain equi-
table contribution as above set forth by all members of th~e
industry, and to that end, if necessary, to institute leganl procee''d-
ings therefore in its owvn name.
(b) Eatch member of thle industry shall pay his or its equitable
contribution to th~e expenses of the maintenance of the Code Au-
thorityv, determined as h~ereinabove p~rovided, and subject to .rules
and regullationsl pertaining thereto issued by the Administrator..
Only members of! the indlu .tr~y comnplyingi withn the code and con-
tributingf to the expenses of its ad~ministration as hereinabove pr~o-
videdl, shall be entitled to participate in the selection. of members
of the Code Atuthnority or to receive~ the benefits of any of its vrolun-
tary activities or to make use of any emblemz or insignia of the
National Recovery A)dministration.
(c) The Code Authority shall nIeithler incur nor payr any obliiga-
tion inl excess of the amount thereof as estimated in its approv,\edt
budget, except upon approval of the Admlinilct ra:tor1; andl no sub~se-
quent budget shall contain any detficicylc S item for exspenditurtur in
excess of prior budget estimates ecep~t~l those which the Aidmin-
istrator shall have so approved.
Approved Code No. 4()--A~lnmenmet No. 1.
Registl~ry N. 69E9-1-05.
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