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Approved Code No. 280--Amendment No. 1
Registry No. 701--11
NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMPETITION
RETAIL SOLID FUEL
AS APPROVED ON JULY 13, 1934
GOVERNMENT PRINTING OFFICE
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Approved Code No. 28F0--Amendme~nt NVo. 1
AMENDMENT TO CODE: OF FAIR COMPETITION
R;ETAILI SOLID FUELL INDUSTRY
As Approved on July 13, 1934
~MODIFICATION OF COD)E OF FAIR COMPETITION FOR THE RETAIL SOI;D
~An application having been duly made pursuant to and in full
compliance with the provisions of Ti~tle I of the National Industrial
RecoveryT Act, approved June 16, 1933, for approval of a modification
of a Code of Fair Competition for the Retail Solid Fuel Industry,
and hearings have been duly held thereon and the annexed report
on said modification, containing findings with, respect thereto, having
beenz made and directed to the ]President:
NOW~, TH~ERtEFORIE, on behalf of the P'resident of the United
States, I, H-ugth S. Johnson, Administrator for Inldustrial Rtecovery,
pursuant to authority vested in, me byr Executive Orders of the
President, including E~xecutive Order No. 6543-A, dated December
80, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be and
it is hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its entirety
HUanH S. JoHNSON,
Administrator for ITndustrial: Recovery.
Approval recommended :
C. E. ADAMS,
Juilyj 13, 1934.
The White HZiouse.
SmR: Pursuant to Exrecutive Order No. 66j78, da~tedl April 14, 1934,
a modification of the Co~de of Fair Complletitio~n for th~e Retail Solidl
Fuel Indlustry has been submitted by the Retail Solid Fuel Industry,
through its National Code ASuthority, and a Public Henl rmg in con-
nection therewith was~ held on June 18, 1934.
The Deputy Administrator in his final report to me on the moodi-
ficattion of the Code of Fazir Competition for the Retail Soiil F~uel
Industry having found as hereinr set fourth anzd on thle basis of all
the pFroceed~'~ ings- in this matter:
I find that:
(a) The modification of said Code and the Code as modlifiedl are
well designl~l to promote the policies and purposes of Title I of the
National Indunstrial Recovery Act inc~ludinl the remoranl of obstnrc-
tions to the free flow 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 c~roopera;tive ncotioin among trade groulps, by including and
maintain ingr united~ action, of labor and management under adequate
goverrlnmental practices, by promotingr the futllst possible utiliza-
tion of the present productive enpacity of indlustries, by avoiding
u!ndue recstr~ictionr of production exceptt as may be temporarily: re-
quir~ed), byT increas~ing the consumption of indusltrial and agrT1Icul-
tural products through incr~easingr purchasing pwr yrdcn
and relieving u nemp~rloymentrlt by im~provingr standards of labor, and
h~r otherwise re~habiitli ai n industry *.
(b) The Codte as modlifie~d compiles in all respc~,cts with the per-
tinecnt provisions of said TPitle of said Act, inlcludringr without Eimi-
tation subsections (a) of Section 3, sutbsection (aL) of Sectio~n 7 and
subs~ectio~cn (a) of Sect ion 10 th~ereof.
(c) The Coa(le empowers the Code Aulthority to present the afore-
said mod~l-ifie 1t ion on beh~lalf of the i mb sltry as a w-hole.
(d) Thle miodifiention and the Code as miodified~ are not decsigned
to and will niot pFermit monopolies or mocnopo~listic practices.
(e) Th"]e nmifwalli;tion. andi~ the Clod~e as mod~ified- atre not designed
to and will not rlimlina~te or oppress smalnl enit~r~prises and will not
opera';~tet to d1iscri mli la t e I~r gi n st them.
(f) Those ('1engaged in other steps of the coiinomic process have not
been~I deprl"ivedt of the right to be heard prior to alpproval of said
Salid modlifienltio~n is ncord~.~ ingly'o approved.~r
Heancl S. Jonsrsow,
REPORT TO THE PRESIDENT
AM~EN~DMIENT TO COD)E O1F FAIRII COMPETITION FORt
THE RETAIL SOL-ID FUITEL INDUSTRY
Article! III is amended -by adding the following Sections:
SECTION 23. It being found necessa ry, in order to support the
administration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy
of the Act, the National Code ~Authnority and the several Divisional
Code Authorities are authorized:
(a) To incur such reasonable obligations as are nclessa cy and
proper. for the fol~regoing purposes and to meet such ob~ligat ions out
of funds which may be raised as helre~inn fter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the A~dministrator for hnis approval, subject to
such notice and opportunity to be heard as he mnay d~eem necessary,
(1) aI LV-LY~ UbVV V UZI~VLI n itemized budgerct. of itse estimated expenses for the foregoing
pur~poses-, and (2) an equitable baslis upon. which the funds nel;c~ssary
to support such budget shall be contributed by mnembl~ers of the
ids(c) Arter suIch budget and basis of contribution hazve been ap-
proved by the A~dministrator, to determine and secure equitable con-
tribution as above set forth by all such members~C'.i of the inldustry,' and
to that end, if necessary, to institute legal proceedings therecfor in
their own several names.
SECTIION 24. Only members of the industry complyingf with the
Code and contributing to the expenses~ of its administration. as pro-
vided in Section 23 hereof shall be entitled to participate in the se-
lection of thne members of their respective D~ivisional Code Author-
i~ties or to receive the benefit of their voluntary activities and the ac-
tiit~ies of the National Code Atuthority or to make use of anly emn-
blem or insignia of the Niational Recovery _A~dministration, designed
especially for the use of members of the Retail Solid Fuel Industry.
SECTION 25. Continued nonpayment, by anyT member of the in-
dustry, of assessments or contributions required by the administra-
tion of this Code, for thirty days after the receipt of notice that
such assessments or cent rib~utions are due, is a violation of this Code.
The operations of the provisions of this Section 25 shall be subject
to such rules and regulations pertainingr thereto as mayT be issued
by the Admninistrator.
S~ECTION 26. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approv~ed~ budget, and shall in no event, exceed the total
amount contained in the approved budget, except upon approval of
the Administrator; and no subsequent budget shall contain any de-
ficiency item. for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 280--Amen~menet No. 1.
Registry No. 701--11.
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