NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
For sale by the Superlatendent of Documents, W~ashington, D.d. - Pricer 5 center
Approved Code No. Ilo--Amendment No. 2
Registry No. 699--03
E DO OUR PAIRT
I Le)S;d~P:C~UNI V. 4 0 P L a
GOVERNMENT PRINTING OFFIGRE
AS APPROVED ON AUGUST 20, 1934
This pubtlestion ir for sale byp the Superintendenlt of D3cumentsi Governmlent
Printing Offre, Wasington,%fMI D.C., and by district othBes~4 of the Bureau of
IEbreign and Domestic Commerce.
DISTRICT OFFICES OE 1THE DEPALRTMEINT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801, Customhousre.
Bufftalo, N.Y.: Chamber of Commerce Building.
ICharleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1708, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamuber of Commerce Building.
Jacksonville, Fla.: Chamber orf Commerce Building,
Kansas City, Mo.: 1028 Baltiore Avrenue.
Los Angeles, Calif.: 1163 South Btroadw~ay.
Louisville, Ky.: 408 Federal Bullding.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213. Federal Building.
New Orleans, La.: Roomnr ~225-A, Customboluse.
New York, N.Y.: 734 Cuht~omhouse..
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 0ammrcial3 TrPust B3uilding.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calit : 310 Oustomhouse.
Battle, Wash.: 800 Federal Office Building.
Approved Code No. 110-mendment N~o. 2
AM[END)MENTE1 TO CODE OF FAIR COMIPETIITION
HE~ARDW~OOD DI~lSTILLr ~~AT[ION INDUSTRY
As ALpproved on AAugust 20, 1934
APPROVING AMENDMENTS OF CODE OF FAIR COMPETITION FOR THE
H~Au)woon DISTnarrow INoUSan
An application having been. duly made pursuant to andi in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1.933, for approval of amnendm~ents
to a Code of Fair Competition for the Hardwood Distillation Indus-
try, and hearings having been duly held thereon and the annexed
report on said amendments, containing findings wPithn respect thereto,
hav-ingr been made and directed to the President:
N~OW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me byT Executive Orders of thne Presi-
dent, including Executive Order No. 6j543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do finid that said amendments and the Code as
constituted after being amended com1pl1y in all respects with the per-
tinent provisions and will promote te policy and purposes of said
Title of said Act;, and do hereby order that said amnendments be and
they are hereby approved, and that the previous approval of said
Code is hereby modified to include! an approval of said Code in its
entirety as amended.
HTIan S. JoEfNSON,
Administrator for Inzdustrial RI~ecovery.
G;EO. L. BERRY,
Au~gust 920, 19346.
81385 0--1044--84--34 C1 1
REPORT TO THEi PRESIDENT
Thej, Wh1T~fit House.
Smr: This is a report on the proposed amendments to the Code of
Fair Competition for the Ha rd woodcr Distillation Industry as ap-
proved ~byr you osn November~l 10, 1933. A public hearings wp~as held on
May 23,' 1934, in Wtacsh ingaton, D. C., on several amlendmntels including
amendment No. 1. Amnendmentst Nos. 2 and 3 were considered by the
Industry through three regional meetings. Full opportunity to be
heard was given to all inlterersted~ parties.
TIhis report covers only one of the amendments proposed at the
public h~earinga and the amen('ldmenlt pertaining to Forest Conserva-
tion. The additional amendments proposed at the public hearing
will ~be surbmitted for App~rovals i as son as further necessary' considlera-
tion can be given to same.
,The lun-porje~ ses d eaFfcts of the amendments are as follows:
Amnendmentcl No.1 e nable~s th2e Code Aulthlorilty to, inlcuLr such reason-
a~blte obliatio~ns ats ar~e necessary fors thel administration o~f the Code.
It requires that ther Code A~t~hority submlit for applro~val of the Ad-
ministra;to~r an1 itemliZed budget anel an equitable basis of pro-rating
f~the usessment~l to be c~ollctdc- :fromll the mem~lbers of th~e Indulstry.
P:1yment~" of an equitable co~ntribultion to the expenses of the C'ode
Authority by' members olf the Indlustry is mnade mandatory b~y this
amlendme~nt if the~ir principal line of business is covlered by this C~ode.
Amel~ndment ~No. 2 p~rovides generally policy for Fo(rest Conservation
on thle part of the Codle Autlhorityv for the Hardw~ood DistiUation
Industry in. accordalne with tihe Ad~ministration's policyy asa covered
in Oiffice? 31eanlOrandumll ~No. 212, dlatej Mray 2-4, 19341.
Amlendl~ent N~o. 3 provides that. thle Code Author~ity shl estab-
lishl :forest. practice rules and regullations subject to the approval of
the AdinJ~listrator within sixtyv days after approval of this ameand-
mire~nt. The Divisions of the I~ndustry are to submnit, thlrougah the~
Code A~uthlority, to the Admlrinistrator for his approval these forest
practice rules and regulations.
The Deputty ~Administrator in his final report to me on .saidt Code
hazvingf found as herein set forth and on the basis ofe all ithet proceed-
ings in this matter :
I find that:
(a) The amendments to said Code and the Code ats amended are
well designed to promote the policies and purposes of Title I: of t~he
National Industrial Recovery Act inclu~ding the removal of ob~strue-
tiions to the free flo~w 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, of labor and1( mnagementC11.'1f under adequalrlte gov-
eriinmental sanction and. supervis ion, by f'lim~inal~ting unfair ('ompei)ti-
t~ive practices, by plolronwt~ingb the fullest possible utilization of the
present produ~c~tivet capalcity) of indulstr~ies, Iby avoid~ing undue restr~ic-
t~ion of production (except as may be temporarily required), by in-
cr~easingr the consumptio~ti n of ind~ustr~ia~l zndt a~r~icunltura~l prodc,~~ts
through incr1easing~ purchas"ing power, byp lr'lllucing and retlievingl un-
emaployment, by$ improvingi sttandard-; of laborl, and by otherwise
re habilitatill(. industry.
(b) The dode as amlendled complies in all Ire-pects with the perti-
nlent provisions of said Title of said Act, includingf without himita-
tio subsectio~n (a) of Sectionl 3, subserct ion (aL) of Section 7 alnd su-
sectioxn (b) of Section 10 there~of~.
(c) Te Code! empowers thle Code Authority to presen~rt thre afor~e-
said am~endments on behalf of the ICndustryV as a w~hole.
(d) These amendments and the Code as amnend~ed are not dcsignecd
~to and will not permit mnonoplolies or monopolistic pr~act ices.
(e) Th1-ese amendmennts anld the Code as amnded~l c are not designed
-to and will not eliminate or oppress small .enlterpr~ises and will not
operate to discriminate against them.
.(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, these ameendlments have been approved.
Huanco S. Jo NusoN,
-r Adm inistrat or.
Acau~st 20, 19345.
AMENDMENT T`O CODE OF FAIR COMIPETITIION. FOR
THE HARDWOOD DISTILLATION INDUSTRY' -:r
AMENDIMENT 1. Delete Section. 2 of Paragraph A of Article VI,
Administration and substitute! therefore the following:
2 (a) It being necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintaiin
the standards of fair competition established hereunder, the Code
Auth-ority is authorized:
"(1) TCo incur such reasonable obligations as are :necessary
and proper for the foregoing purposes, and to meet suchn obliga--
tions out of funds which may be raised as here~inafter provided
and which shall be held in trust for the purposes of the Code;
"(2)~ To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated exipenses for
the foregoing purposes, and (2Y) an equitable basis upon. which
the funds necessary to support such budget shall be contributed
by members of the Industry;
"(3) After such budget and basis of contribution have been
approved by the Administrator, to determine andl obtain equit-
able contribution. as above set forth by all members of ~the
Industry, and to that end, if necessary, to institutes legal pro-
ceedingss therefore in its own name.
"L(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove p-rovided, and subject to rules
and regulations pertaining thereto issued by thie A~dminisstrator.
Only m~rember~s of the Industry complying with the Code and con1-
tributing to the expenses of its administration as here~cinab.ove pro-
vided (unless duly exempted from makiing such contribution), shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
"(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tamned in the approved budget except upon. approval of the Admlin-
istrator; and no subsequent budget shall contain any' deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved."'
AMENDMENT 2. Change the period at the end of the first sentence
of Article I to a commra, and add the following:
and to conserve forest resources to bring: about sustalined yields
from the forests."
AME~NDMIENT 3. Add the following as Paragrazph. D of Article VI:
DI. The Code Aluthnority shall establish forestl. pr ~ac~tice rules and
regulations subject to the approval of the Administrator. WC~ithin
Eixty (60) days after the apprlovanl of this amendment, theL Divisions
of the IndustryT shall submit through the Code Aurthorit~y to the Ahd-
ministrator for his approval forest practice? rules andX regulationss"
Approved Code No. 11(1--Amendment NoIt. 2.
Regrist yg No. 699-)3.
UNIVERSITY OF FLORIDA
II IIIIIIIII III lII I i i l i
3 1262 08850 4823