NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMaPETITION
CLAY MACHINERY INDUSTRY
UNIV. OF FL LIB.
GOVERNMENT PRINTING OFFICE
For sale bythe Superintendent of Documents, Washington, D. O. Pricacf ents
Approved Code No. 343--Amendment No. 1
Registry No. 1399--45
AS APPROVED ON OCTOBER 10, 1934
WE DO OURI PART
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Approved Code No. 434---Amenmenet No. 1
AMENDMENT TO CODE OF FAIR COfMPETITION
CLAY IMACH3INERY INDJLUSITRY
As Approved on October 10, 1934
ASRrovINo AMlENDMENT TO CODE OF PAIR COMPETITION FOR THFE CLAY
An application having been duly made pursuant to and ini full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of an
amendment to a Code of ~Fa~ir Competition for the Clay Machninery
Industry, and opportunity to be heard thereon having been duly
noticed and the annexed report on said amendment, containing
findings w~cith respect thereto, having been made and directed to the
NOW~~, THIEREFiORE, on behalf of the President of the United
States, the National Industrial RecoveTry Board, pursuant to author-
ity vested in it by Executive Orders of the President, including Ex;-
ecutiv~e Order NJo. 6859, dated September 27, 1934, and otherwise;
does herebyh3 incorporate by reference said annexed report and doeis
finld 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 purposes of said Title of said Act, andt
does hereby orde~r that sa-id amendment be and it is hereby approved,
and that the previous approval of said Code is hereby amended to
include an approval of said Code in its entirety as amended, such
approval and such amendment to takre eflfectt ten (10) days from. the
date hereof, unless good cause to the contrary is shown to the Ka-
tional Industrial ]Recovery Board before that time and the National
Industrial Rrecov\ery Board i~ssues a subsequent order to that effect.
N~iATIONALj INDUSTRIAL RECOVERY BOARD,
B~y G. A. LYlvcr, .Adminis~trattiive Olf)Ecer.
Approval ICc(,lreco ~nunende:
B.UnToN W. IMURRAY,
WASUINGtTON, D. C.,
October 10, 1934.
90624* ---1244--32--34 (1 1
REPORT TO' TH~E PRESIDENT
Th~e White Howse.
SIR : This is a report onl thre Amemndment to the Code of Fair
Competition for the Clay MIachinery Indust~ry to incorporate the.
principles contained in Executive Order of A~pril 14, 1_934, relating
to collection of expenses of Code Administration. This Amnendment
was pI~rlopose in alc~icordanlce with Article IX of the Code as appr~ov-ed
March 17i, 1934, and Notice of Opportunity to be Heard w-as given
from Augus~t 10 to August 24, 1934.
T~he ~Assistant Deputy -A~dministrator in. his final report to us on
said Amlendmnent to said Code having found as herein set forth land
on the basis of all the pro~ceedrings in. this martte~r:
We find that:
(a) The Ampndlment, to said Code and the Code as amended are
well dlesig~ned to promote the policies and purposes of Title I of
thre National Industrial Recovery Ac ~t including the removal of
obtstr~uctions to the free flow of interstate. anrd for~ign commerce
which tendl to diminish the amount thereof andl will .provide for
the general welfare by pr,1omloting the orgamrzationz of industry fEor
the purpose of ccoopera;tiv~e action of labor and management under
adequate governlmental sanction and supervision, by elimuinating
unfair c~omlpetitive pranctices, by promoting the fullest, possible utili-
zation of the pre~tsent productive capacity of industriese, by avoiding
ulndue restr~ictioni of production (except as may be temlporarily re-
quiredl), by increasiinga the consumption of industrial andt agricul-
turl rodct~s thr~oug~h increansin gr pur~ch asi ng power, by r~eduemg
and relieving unemplloymlent, by impr~ovingo standards of labor, and
by otherwise rehabilitating indlustry.
(b) Thle Code as aendedl~c complies in all respects with the pe~rti-
nlent p~ov~isions of said Title of said Act, including withu ii
tion Subsec~tion (a) of Section. 3, Sulbsection (a) of S~c~tion 7, and
Subs~ection (b) of Section 10 theirtof.
(c) Thelr Codel empowHer~s thle Code Aulthor~ity to pr~eset the afore-
said Amellndmentst on. behalf of thep IndlustryS as a wholcle.
(d) The Amiendmnent andl the Code as amended are nlot designed
to andl will not permiit mocnopolie~s or molcnop~olistic practice.
(e) Tb.1( Amndmeln~ ntt and the~ Codlte as amended are not. designed
to and will not climilnate or ollpprem small enter~prises and will not
operate to discriirimina~te against them~.
(f) Those engaged in other steps of the economic p~rocessj have
not been. deprived of the right to be heard prior to approval of said
For these reasons, this Amendment has been apr~oved; subject
however, to a ten. dayV waiting period as provided in the Order oj
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LPxNR Admllinis~tr'ati' e Of)Eoer.
OCTOBER 10, 1934.
AMENDMENT TO COD>E OF" FAIR COMPETITION FOR THE
CLAY MACHINEiR~Y INDUSTRY
Pursuant to Article VI[, Section 9 and Article IXI3, Section 2 of the
Code of 1Fair Competition for the Clay Manchinery Industry, duly
approved by the 1Presid~nt, on Ma~rch 17, 1934, and further to effectu-
rate the policies of Title I of the National Industrial Recovery Act,
the following Amendment is established as a partofaiCdef
Fair Comnpet~ition and shall be binding upon evecry member of the
Clay Manchinery Industry.
ARTICLES, VI-AmBIinu s'RATvroS
Amend A~rticle VI by deletingf Section 6 and substituting the fol-
low-ing, new Section 6i, and byr deleting Sectio~n 4 (g); and by dlelet-
ng: from the first s;ntec~lce of Sec~tion 1 (a) the phr~ase and signify
their willingness to pay their pro-rata share of the coslt of adlminis-
ter~ing this Code ", plac'ing~r a, period instead of a1 commna after w~ord
"L repr'~~e 1ent at i in."
SCEc.TIONJ 6. ~A. It betin~g found necessary in border to supl~port the
admnlirltr~ation of this code and to maintain the .stalndr~Lds of fair
competitionl established hereiunder and to effic~tuate? the policy of the
Act, the Code AuthorityT is aulthorized:
(a) To incur such reasonable oblligatiolns as are necssary andl
proper for the foregoinga pu~rp'oss, and to meet such ob~ligations out
of fuinds which m~ay be ranised as h~ereinafter provided, andl which
shall bet held in trust for the purpo~cses of the Codce;
(b) TCo submit to the National Ind~c ustrial Recover!y Board for its
approval, subject to such notice andI opportunity to be hea3~rdl as it
may deeml necessary (1) an itemizedi budget of its estimnatedl ex-
penses. for__ the~_ foeon pur'poses, andl (2) an equritablle basis upon
wyhich1 thne fulnds necessary to support such budget shall be colntributed
b~y members of the I~ndustry;
(c) Alfter such bultkect and1( Uni;i of conltribultio~n have beepn ap-
proved by the Na~tional Indlustr~ial n~Recovery~ Board, to dertermnine and
obtain equitable contribution as above c .et forth by all meml~bers~ of
the: Indlustry, and to tha~t end, if necessary,g to institute legal pr~oceed-
ings there~cferII in its own na mie.
B.~ Each nwmblller of the Imlustry shazll payS his or its equitable
contributions to ther excsesiic l of the ma1ifntenance of ther Code Aui-
thority, cleti'rrmirc ned as herin;ubove~ provide~ andl subject to rules
and reCgulaltions~c per'tainingr the.lr'fte issued by ther Nationaol Industrial
Recov)ery Bned~~i. Only" members1' of the Twhostryl.~ 'omIplyingr with
the I(lr andr conlrtribluting~ to t~he expesesllc of its adlministration as
hereinabove ~ "' provide unless" duly exmpedfommain uch co
tr~ibutions, shall be elt~itledl to participate in the selection of m~emlberss
of the Code Authority or to receive the benefits of anly of its volun-
ta.ry activities or to make use3 of any emblem or insignia of the
National Recovery Administra;tion.
C. The Code Authority shall .neithler incur nor pay anyblgti
substantially in excess of th amount thereof as estima~tedl in its
approvedl budgett, and shall in no ev-ent exceedl the total amo~cunt
contained in thze approved budget, except upon appr!ova: l of the Na-
tional Industrial Rc~coverly Board; and no subsequent budget shall
contain any detfic~iency item for exp~end-it~ures in excess of prior budget
estima~tes except those which the National Indust~rial Rec~ove~ry
Board shall have so approved.
Approvedl Code No. 343--Amenldment N~o. 1.
Registry No. 1899-45.
UNIVERSITY OF FLORIDA
3 1262 08853 8185