NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
WHOLESALE COAL INDUSTRY
For sale by thre Superintendent of Documents, Washington, D.C. a e Price 5 cent
Appeoved Code No. 314--Amendment No. 1
Registry No. 701--32
AS APPROVED ON JULY 20, 1934
WE DO OUR PAR1(
UNIV. OF FL Lia.
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GOVERNMENT PRINTING OFFICE
This Dublication is for sale by the Superintendent of Documents, Governmenlt
Prinlting Office, Washington, D.C., and by district offces of the Bur~eau of
Foreign, and D~omestic Commeree.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Approved Code No. 314--Acmendment No. 1
AMENDMENT TO' CODE OF FAIR COMPETITION
~WHOLLESAhLE COAIL INDUT[P~STREY
As Approved onl July 20, 1934
AMcENDnlENT TO THIE CODE OF ]FAIR COMPETITION FOR THE HTIOLESALE:
An app~lication having bee~n duly made pursuant to and in full
compliance w~ith the provisions of Title I of the National Industrial
Recovery Act, approved June 16th, 1933, for approval of an amnend~-
mlent to a Code of Fa'ir -Competition for the Whholesale Coal Industry
as contained inl a published Notice of Opportunity ~to File Objections,
Adm inist rati ve Or~der 314-4, dated June 5th,- 19:34, and no objections
having bee filed as provided in said Published Notice, and the
annexed rep~or~t on said amendment, containing findings wcPith respect
thereto, hav\inlg been made and directed to the President.
NOW,THE~EREFOR~E, on behalf of the President of the United
Sta~tes, I, Hugah S. Johnson, Aldministrator for Industriatl Recovery,
pursuant to the authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated D~ecember
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexred report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent. provisions and will promote the policy and the purposes
of said Title of said Act, and do hereby order that said amendment
be and is hlereby appr~oved, and that the previous approvPal of said
Code is hereby amended to include approval of said Code in its
entirety as amended.
HU~GH- S. JoRNson,
Ad miriistrator for Inzdustrial Recovery.
Approval recommended :
C. E. A~D4l[s
Jul y 90, 11934.
REPORT TO THE-IT PRESIDENT
T~he White H2ouse.
SmR: An application has been duly made pursuant to and in full
compliance with the provTisions of the ~National Industrial Recovery
A~ct, for anl amendment to the Codle of Fair Comlpetit~ion for the
Wholesale Coal Inldustry, submiitted by the Code Authority for the
TIhe existing provisions of Article VII, Section 1 of thie Code for
said Industry, is entirely inadequate in view of Exzecutiv~e Order
667?6 and Administrati~ve Order X--36"f, and it is thler~efore evident that
the proposed amendment to Aclrticle V7II: of said Code, the provisions
of which follow closely the text of the above mentioned Ordiers, will
ov~ercom~e the existing inadequate~ provisions.
The Deputy ~Administrator in his final report to me on the amend-
ment to the Code of Fair Competition for the Wholesale Coal In1-
dustry having found as herein set Iforth and on the basis of all
proceedings in this matter:
I: find that:
(a) The amendment to said Code and thre Ctode as amendeed are
well designed to promote the policies and purploses of TCitle I: of the
National Industrial Recovery Act including the removal of obstrue-
tions to the free flow of interstate and f~oreigcn commerce which ted.
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of indlust~ry for t~he purpose. of
cooperativre action among~ trade groups, by- induemg~ and maintaining
united action of labor an~d management uinder adcequante governmental
sanction and supervision, by elinumaltinrr unfair comnpetitive prac-
tices, by pro~moting the fullest possible ult ization of the present pro-
ductive enpacity of industries, by avoiding undutre restriction of
production exceptt as many be temcporarily rcqulired),), by increasing
the collnsumptionl of indc~ustr~ial and agrricellniturl products through
inlcreasing purchasl~iingr pow~r, by I~reducing~ and relieving~ unemuploy-
1Inent, by imrovingn*- --1--- st:~llandads of labor, and by otherwise rehabii-
(b) The Cod;e as amnlcld~ed complies in all r~mpeclts with the perti-
nen povsinsof said Ti tle of said Act, inlcludcing withlout
limtaion absCtfion (a) of Secctionl 3, Subsectionl (a) of Section 7
undl~ Sub~Lscl-tioln (b) of Sectionr 10 thereof.
(c) The Codre cempower\c ls the Code1~ Authority to presentl the afo~re-
said unwndnlll~ll CIIn on behalf of the indul1stry' a a wholeI.
(d) Thlie ;Imenthuent'll and1I the Code as nIneded aire~ no'1 l(t des~igrned
to an2 wvill no~t perm'lit monoplclcTies~ or monopo~j)liStic prlactiCes.
(e) T1he amendments and th~e Code as amended are not designed
to and will not elimninazte or oppress small enterprises 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
Said amendment is accordingly approved.
HUan S. JonISSON,
JUL 20, 1984.
AME~NDMTENTI TO CODE OF~i FA1j~IR COMPETITION FOR
THE WHI~OLESALE COAL INDUSjTRY'
ALRTICL;E VII is amended~ by addring the follow~ingS sections:
SE~CTION 1. It being~ found niecessar~y, in border to support the ad-
ministration of this Code and to maintain th~e standards of fair
competition establishedl byr this Code and to e~ffectuate the policy of
thie Act, thie Code Authority is aurthorized, subject to the approval
of the A~dministrator:
(a) To incur such reasonalble obligations as are necessary and
proper for the forego0ing purposes and to meet suchl obligaations out
of funds which m~ay be raised as h~ereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Admninistrator for his approval, subject to~
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimlatedl e senses for the foregoing5
purposes, and (2) an e~quitable basis upon which the funds necessary
to support such~ budget sha-ll be conltributedl by members of the
(c) After such budgl~et. and basis o~f contribution hravFe ben ap-
proved by the Administrator, to determine and~ secure equitable
contribution as adbo~ve set~ forth b~y all such members of the Industry,
and to that end, if necessary, to institute legarl proceedlings thlerefor
III 10s OWII Dname.
SECTIONS 2. Each member of thne Induxstr~y shall1 contribute htis share
of the exprlnses of the! admin~istr~ation of this Code as determined
in a7ccor~t allce withn Section1 1. hereof. FEailure on the part of a,
M~ember of the IndlustryJ to make such contribution shall be a viola-
tion. of this Code. Only members of' theP TInduslt. ry comli;ngr with
the Code and~ contributing to the ex~penses of its administration as
provided in Section 1 hereof shall be entitled to palrticipalte in the
select ion of thre members of the Code AtuthorityT or to receive the
benefits of its voluntary activities or to ma~ke u~e. of any emblemn
or insignin of the National Recovery Administration..
Thle Codte Authority shanll neither incur nor pay any obligation
sutbstantially in excess of the amount. thereof as estimatedl in its ap-
proved'' budgefit, and shall in no evecnt, exced the total aImoulnt con-
tained in the aIpprovedl budget, except up~on apprloval of the Admin-
istrantor; andl no sutbseqruent b~udget. shall centuml any deficiency item
for expendlitulres mn ecess of prior budget estimates exiceptl those
wh'tich thne Adiniiiistrator shall have so approved.
Appr~ovedl Code N~o. 314-Q--Amcindment No1. 1.
Regristry No. 701-32.
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