Code of fair competition for the liquefied gas industry as approved on November 8, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the liquefied gas industry as approved on November 8, 1933 by President Roosevelt
Portion of title:
Liquefied gas industry
Physical Description:
v, 9 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Liquefied gases   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 711-23.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942683
oclc - 31960973
System ID:
AA00006880:00001

Full Text



Registry No. 7111-23


NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMaPETITION

FOR THE


LIQUEFIED GAS INDUSTRY


I 't
For sale by the Superintendent of Documents, Washington, D.C. - Price 8 cents


AS APPROVED ON NOVEMBER 8, 1933
BY
PRESIDENT ROOSEVELT


WFS DO OUR PARf


1. Executive Order
2. Letter of Transmittal
8. Code

UNIV. OF FL LIB.







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON s 1988
























This publication is for sale by the Sup~erlutendent of Documnents, Governmlent
Printing Officec, Walshing~to~n, DO., and by district oilices of th~e B~ureau of
li'ereign aind Domestic Comnrmere.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5i04 Post Ot~ice Buildiing;.
B~irmling;hamu, Ala.: 257 Frederal Building.
Boston, nla~ss.: 1801 Customhouse.
Bulffnlo?, N.YT.: Chamber of Commnerce Buildlingi.
Charleston, S.C.: ('lfullher of Commerce Buildling.
Chil-ago, Ill.: Suite 1706, 201 North W~ells Street.
Clevtelandl, Ohio: Chamber of Commelrts..
Dallas, Tex.: Chambe~l~ r of Commerce Building.
Detroit, M~ich.: 2213 First National Bank. Buildiing.
HEouston, Texc.: Chamber of Commerce Buildling.
Indlia~nalolis, Ind.: Chamber of Commerce Bulilding.
Ja~cks~onv\ille, Fila.: Chamber of Commnerce Buildling.
Karnsas City, M~io.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1103 Sllu~th Broadwvay.
Louis-ville, Ky. : 408 Fe~deral Buildling.
Mempislils Tenn.: 229 Fedelral rBuiblinig.
Xilltnupll~li.-; MIinn.: 213 F'ederal BDuilding.
New Orleanls, La.: REoom L''c-A~, Cus~tmuboulse.
No-w\~ Yorkz, N\.Y.: 784 Customhouse.
Norfolk, Va.: 406 Eas1t rlnnile .4troof;.
Phli:iuhlphlllinl, Pa.: 938 Comnmercial Trust rDulldling.
]Pltt-burllh, P~a.: ('hamberI'I of Commerce B~uibling.
Portionall, Oreg.: 215i New Post Officie Buildilng.
St. Liouis, Mo.: .YUll Olive Street.
San Franlll~scol, C.ldif.: 310 Customhouse.
Souittle, Wash.: 809 Fedleral Building.

















EXECUTICIVE ORDER

CODE OF FAIII COMPETITION FOR TH~E LIQUSEFIIED ABS INDUSTRY

An application having been duly made, pur~suant to and in full
compliance w~ith the provisions of 'title I: of thze N~ational Industrial
Recovery ALct, appr~loved June 16, 1933, for my approval of a Code
of Fair Competition for the Liquefied Gas Industry, and hearings
having been held thnereon and the Administrator having rendered
his report containing an analysis of the said Code of Fair Compe-
tition, together with his recommendations and findings with respect
thereto, and the Administrator having found that the said Code of
Fair Competit~ion complies in all respects with the pertinent pro-
visions of title I of said act and that the requirements of clauses (1)
and (2) of subsection (a) of section 3 of the said act hav-e been. met:
NOWI, THEREFORE, I, Franklin D. Roosevelt, President of
the U~niteid States, pursuant to the authority- vested in mne by title
I of the National Industrial Recovery Act, approved Jurne 16,
1933, and otherwise, do approve the report and recommendations
anld adopt the findings of the Administrator and do order that the
said code of fair competition be, and it is hereby, approved.
FRANKLIN D). ROS1EVTELT.
THE HITE HO0U8E.
NVo ve nb er 8, 1933.,
Approval recommended :
HEinc S. Jo3Nwson,
Administrator.


1989'1-188-186----8













The PTRESIDENT OVMER8 1.
IThe White House.
SIR: A proposed Code of Fair Competition for the Liquefied Gxas
Indulrstry~ wa~s submitted to thre Admllinistrator on August 24, 1933,
by the National Bottled Gxas Associatioln replresent~ing 7570 of the
known members of the Ind'ustry. The hiearii-I----b( Tng conducted in
Wash~ington on October 5, 1933, and the Code was revised during
thne recess of this hearings anrd is submitted- in its present form for
approva\:l. Every person who requestedt an appearance was3 prop-
erlyT hreard in accordc`ance with statutoryg anhd regulatory require-
ments.
Because of tlhe unsettled conditions incidentt to the rapid growth
of this Indunstry there are no reliable criteria for determining di-
rectly the minimum wage rates. T~he larger companies havre esti-
mated that compliance with the Presidlent's Reemployment Agree-
me~nt has raised hourly rates appr,1oximatelly 1C"o,. 'However, the
main contribution of this Code to the Industryle in ArticleIV
the Rlules for Manrketing. These Marketing regulations, by provid-
ing pr1otectionl for the consumer, will ameliorate their good w~ill,
thereby enlarging the potential markett for this Industry.
RisonnA or CODE.

A1?rticle I states the purpose of the Code.
Article II1 accurately d~efines specific reifer~ences made in the Code.
Article II[I sets forth the mandatory~ Ilabor prov,\isions, minimum
age I~requ i remenrits, miaximInum hours, and mninim um wage rates. The
maximum hours are limited to 40 per wneek for all emplloyeets except
outside salesmenll l and the exsecurtive staff who receive more than $35.00
er week. Because of seasonal variations, emp~loyees are permitted
t~oC orkl in any two months' period 3410 hours, but in no event more
than 48 hlo~r~s in any onle wreek.
T~he minimum wange rate for all empiloyeces, excepting those work-
ing on a commission or drawing nccoulnt basis, is 40;? per hour.
Article IV states the marketing rules for the Indulstry.
Article V establishes an Emergecncy! National Committee as the
CodeAutoriy fr te Idusry.This bolly is complosed of eleven
Commiiitteenseni elected by the Idsr ihadtoa ersna
tives (not exccdingr three) to be appointed by the Pr~esident.
F(INDINGS

The Administrator findls: A4?. Thiis Cole(l comnplies inr all respects
with the pertinent phranses of T'itle I of thle ~c~t, incluldingi without
limtatonsubsection A of Sectiorn 7, andl sulbwetion B3 of Sec~tion
10 thiereof ; B5. The National Bottledl (~las Asoc iationo is truly Irepr-








sentative of the Liqulefied. Gas Indu~str~y, and the by-Inw~s of this Asso-
ciation, when amended as per written agreement, will provide no
inequitable r~est~rictions on membership; C. The Code is not designed
to promort~e monopolies or to eliminate or oppress small enterprises
and will no0t operate to discriminate against them~, and will tend to
effectuate the policy of Title I of the N~ational I[ndustrial Recovery
Act.
It is r~ecomme~nded, therefore, that this Code be approved.
Res pect fully,
Huanct S. JoHNason,
A dmIllinistra'to-r.












































Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


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Annaros I---PUROE

In order to insure the conservation of the liquefied gas resources
of the country, to eliminate unfair trade practices, to mecrease e~ml
ploym'ent, to establish fair and adequate wages, to enlarge the pur-
chasing power of persons related to this industry, to improve the
standards of labor, to so restore the liquefied gas industry that it may
proomote the genIeral welfare and common prosperity of the American
people, to give maximum safety protection to all consumers regardless
of type, to eliminate unfair competition in the liquefied gas industry,
and to accomplish and effectuate the policies set forth m. Title I o
the Nationlal Industrial Recovery Act, this Code of fair trade prac-
tices governing the liquefied gas industry is adopted as the standard
of fair competition for such industry and shall be binding on every
member thereof.
This code covers only the rmarketing of liquefied gas for any use
whatsoever in any quantities and in any size or type of container
whatsoever.
AnnexxE II--DEFINITIONS

Liq uefied gas for the purpose of this code is (a) an inflammable
liquefied hydrocarbon material having a vapor pressure exceeding
twenty-fivre pounds per square inch gauge at 70 degrees F. and/or
(b) any mnfl ammable liquefied hydrocarb~on material with a lesser
vapor pressure, but not less tha~n mine (9) pounds absolute vapor pres-
sur~e at 70 degrees F., when same is used as or in a similar manner to
" bottled gas for purposes such as cooking, water heating, and the
r mtrlik3e by thegas~ feed, liquid feed, or other utilization system, or as
A markreter is any distributor, jobber, wPholesaler, or retailer
selling, reselling, or delivering to consumers liquefied gas in either
ba stank cars, tank trucks, or portable containers.
etrmn liquefied gas industry "includes the marketing of lique-
fied gas in barges, tank cars, tank trucks, drums, or portable con-
taliners where such is used as a fuel in industrial plants, residences,
restaurants, and the lik~e.
The, term Bottled Gas includes that part of liquefied gas served
directly or indirectly to the retail consumers in portable containers
or tankr trucks.
The term standard utilization equipment "' is that equipment in-
stalled at the bottled gas consumer's residence or place ofi business
for utilization of liquefied gas and usually comprises a cabinet, a
regulator with safety device, manifold valves, a flexible connection
or connections, a base, a lock, and pipmng.
(1)


CODE: FOR THE LIQU]EFI[ED GAS INDUJSTRY








Tht-e terms Presidlent "Act and L"Adlministrator as used
hlerecin shall mean, respectively, the President of the United States,
the National Industrial Recovrery Act, and the Administrator of
Title I of said Act.

AnRICLBI III-ABOR

Employees shall hav~e the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from interference, restraint, or coercion of emnployers of labor,
or their agents, in the designation of such representatives or in self-
organnization! or in. other concerted activities for the purpose of c~ol-
lective bargaining, or other mutual aid or protection. No employee,
and no one seekhig employment, shall be required as~ a condition of
unemployment to jomn any company union or to refrain from joining
a labor orgcanizatIon of his own. choosing. Employers shall comply
w~ith thte mn ximuml hours of labor, m~inimum rates of pay, and other
counditionis of employment approved or prescrribedl by the3 Pr~eside~nt.
The employees of! the liquefied-gas Industry, except executives,
supervisors, their secretaries, and their immediate staff wrho receive
a minimum. of $35 per week, and outside salesmern, will work on an
average of not more than 40 hours per weeki. Because of the exigen-
cies and seasonal peaksi of the liquefied-gas industry it ma be neces-
sary to work the employees more than 40 hours per week on occasion
but the work for each individual for atny two months' period ishali
not exceed 346 hours nor exceed a tof'al of 48 hlours in any one week.
The minimum wap to be paid by employers in the industry shall be
forty cents ($0.405 per hour, exceptinea those employees working on
a conmnussion or drawing account basis in the direct sales activities
of the industry.
Within ac~h State, members of the industry shall comply with any
laws of such State imposing m-ore stringent requirements, r~egulating
the age of employees, wages, hours of wor~k or health, fire or general
wIorkling conditions, than. under this Code.
The inimm rae ofpayprovided for herein is guaranteed to all
workers whether comp nsaton is based on time, or piecewor-k basis.
TheB rate of other labor shall bear a fair relation to the f~oregoing
giving due considleration to the experience and kinowFledge of the
employees affected and to the prevailing scale for similar wvork in
the localityr of the employment, but no attem~lpt shall be~ mnade to in-
troduce any alnssification according to the naiture of the work in-
volved wcPhich mighlt tend to set a maximumn as well as a minimum
wa re.
No employee shall be permitted to work for two or more employ-
ers for a longer per~iodl in any weekr thlan is specified herein for a
single emnploysr.
On or after the effective date of this Codo no emp~loyer shall
employT anly p~erson under the age of eighteen years, except that in
offce and saleCs workll thisi mlinimum1 may~ b~e fixteen yea rs.
.1RT.ICLE 17-hfARETING)
~u~le l.-No "i mairketer )" engaged in the salle of liqulefiedl gas prod-
udls shall wilfully indluce, attempt to indcuce, or assist a party to








break a then existing written contract for the sal~e of liqluefiedl gas
products or a then existilne lease of the equipment used for the sale
or utilization of liqluefie'g gas products between that party and
another.
No "' mrkn~eter engaged in the sale of liqu~efied gas products shall
knowingly enter into any agreement to sell or dehiver any liqluefied
goas to anyone where sale or delivery will violate or prevent the per-
ormance of a then. existing, written contract between the person to
whom the sale or deliv~ery is made and another.
Not~hine herein shall be construed to rest rict another marketer fromn
explainincr the convenience and general features and operation of
such mai~eter's utilization equipment to the customer of another
marketer.
Nlo contracts in violation of this Code are p'rotectedl under this rule.
Rulce .6~-When any equipmentz tank, cylinder, or othe~tr device for
the storage, consumption, handing, or sale of liqluefied gas leased
prior or after the adoption of this Code bears the name, mark,
trade markrl, or trade naame of anyT "marketer en aged in the manu-
facture or sale of any such commodity, no other '"marketer~ "', unless
that "L marketer has been regularly serving~ such equipment. imme-
dia-tely prior to the adoption of this Code, or unless such equipment
is owned by Federal, State, or mnunicipal governments or sub~divisions
thereof and no liquefied gas contract, is in effect, shall deliver into
or deliver for sale to such equipment, tank, cylinder, or other device
or any tank or container connected therewrith, any liqluefied gas,
other than that mnanufacture~d, sold, and distributed by the mr
keter whose name~ mark, trade mark, or trade name is so afmxed,
rand no marketer shalll in any wtiay knowingSly be a party to the
substitution of the one bralndr or type of liquefeie gas for another,
or the removal or transportationr of any equipment, tanks, cylinders,
devices, of the like belonging to another marktller."
Nlio marketer '" shall meany changes in, additions to, or sub-
stitutions from, any equipment installedl on lease by any other "mar~-
keter "', except where. sulch "' ma~rketer has been regaularly supplyinga
liquefiedl gas for use. in such equipment immediately prior to the
adoption of this Code, or upon written permissionn of the ownler
thereof or the original markleter in~stalling same. Mark~ls, trade
marks, or trade names of any "Lmarketer engnedi hemnfc
turning sale of any such commodity shall noted ie rhe mobyanyfc
other "' manrketer "except on w ritt en authorization by such
'"mIarketer "' and/or owner.
Rzle 3.-A~ls the bottledl gas br~anc~h of the liquefied gas industry is
a grow-ing indlust ry, and as it is still in its dievelopmlent period of
creating~ new markets, marketing of appliances to conrsumners di-
rect~lY b~y the "C marketer is essential, and all "Cmarkleters may sell
aspph~an ces direct. Incentives such as loadl building applliancesl uten-
sils advertisingnovelties, etc., shall be construed as simgn
build ing the indstry and shall be allowed, but only to consumers
a~lreadyn usingr lquefiedt gas as compensation for services rendered,
and the value ofsuch incentives shall not be dlisproport~ionate to
business gained. thereby.
However,L marketers engaged in the sale of .liquefied gas shall
not give away any liquefied gas nor make any installation or lease
free of charge or at less than posted prices.








This rule shall not prevent (a.) thie giving of other reasonable
prizess at fairs, public demonstrations, and cooking schools; (b) the
Ig~iving of other~o~aoao~aoao~a~ao~ reasonable incentive, to induce attendance at such
Public demonstrations or to obtain names of prospective consumers.
Rwle 4.--All1 "marketers "shall post at each POint from which they
make deliveries, and at places readily accessible to the public,al
prices for which liquefied gases are sold at retail. All "' marketers "
engaged in the retail sale or leasing of bottled gas equipment shall
post at each point froma which they make deliveries and at places
readily accessible to the public, all retail prices for which bottled
gas equipment are sold and-~/or leased. Upon adoption of this Code
all marketers shall submit posted price schedules and any price
changes made thereafter in written form to the National Bottled
Gas Associationl or other association designated by h mrec
National Committee, within twenty-four hoursth after ecsuch change.
Any person shall have access to this information from the "Assocla-
tion upon written request. Ahll prices shall remain in effect for at
least twenty-four 524) hours after they are posted. Posting shall
include the following: (a) The retail prices for all classes, types,
methods, and quantities of deliveries of liquefied gas, (b) The prices
and/or lease or installation charges for all types and specifications
of liquefied-gas equipment for retail use; (~c) a s~cheduxle. of all dis-
counts offered and the terms thereof and ()a statement of all terms
as to freight rates, deliveries and points of price basis. All retail
sale or leased inst~allations shall be made at the posted price or lease
charges and no "' marketer shall make anyT deviation from his posted
price by means of rebates, allowances, concessions, benefits, script
books, quantity discounts, discounts to buyers of? a, class or by any
plan, device, or scheme, whereby any buyer obtains any liquefied
gae ps eor equipment, or lease, or installation at a, net costP le owver ta
Redeol 5.-No marketer engaged directly or indirectly in the
liquefied gas industry shall sell any lique~fied, gas below his prime
cost; nor shall sell at retail any bottled gas equipment or appliances
for less than his prime cost. Prime cost as used herein is understood
to mean invoice figure plus transportation chzr~ges from source to
stora (e.
R~ufe 6.--All utilization equipment requiring portable and/or mov-
able containers shall be approved by and histed with the Under-
writers Laborat~oriesq, Inc., of ~Ntional Board of Fire Ui~nderw~riters
and,/or affiliates and shall be installed, maintained, and operated in
accordance with t~he rules and recommendations of Underwriters
Laboratories National Board of Fire Under writers and/or affiliates,
as a means of promoting the greatest degree of safety.
All cylinders or drums purchased after the effective date of this
Code shanll be built and maintained in, accordance with t~he specifica-
tionls and regulations of thre Interstate~ Commerce Commission. All
e3ylindcrsj or drums purchased and2/or in use prior to the effective
date of this Code, and used for storage and/or transportation of
liquefled gas, in interstate and intrastate service, by rall, truck, or
othcrw-iise, shall, if built in necor~dance wpith specifications of other
recognized authorities, but not constructed, marked, and maintained
in~ accorda~nlce withi Specificatfions anld regulations of the Interstato








Commerce Commission, be either rct~iredl froml a~ny storagnfe or trans-
p'or~tation service or be tested, and majitinetail in alcco~~i~ rdace with
specifications of the Initersntate Commer~lce Comiimiss-ion within five
y'ears fr~om the e~ffectiv.e date~r of this Code. All cylindersl~ or dr~ums
not built in anccordcance with. Interstate ConunerceL~t Commlli~Sion sp~eCi-
fiention or specifications of other recognized, auth-orities shall be
withdranwn from service within a reasonable length of time after the
effective date of this Code through the exercise of diligent, con-
scientious, and prompt effort on the part of the owners thereof, such
reasonable time not to exceedt one year from the effective date of this
Code.
No deliveries of liqluefied gas in or byr cylinders or otherwise shall
be made to any installation either temporary or permanent for do-
Jnestic or commercial bottled-gas uses such as cooking, hot-water
heating! lighting and space heating, which installations are located
inside buildings, basemenrts, or other dlnger~ouls or hazardous loca-
tions, excepting only buildings designed and erected specifically and
exclusively for housing of such installations, after a reasonable timre
following the effective date of this code. Ai reasonable time is
here defined as that period within which the necessary changes to
comiply with the req uir~ements of this rule can be made by dihlgent
conseitentious, and prompt effort on the part of the marketer '
affectedd or his agents, but in no event shall such reasonable time
exceed 1. year from the effective date of this Code.
so:%Liquefied gas cylinders or dlrumns shall be warehoused ~and/or:
strdonly in a safe location and in a safe manner, in accordance
with recognized safety~ pranctices anrd under the rules or recommenda~-
tions of insurance companies or recognized authorities, and shall not
be warehoused and/or stored in any location which wouldl be h~azard-
ous to the public or if such locations a~re in violation of State or local
laws or insurance company rules.
All deliveries of liquefied gas made to buyers or conlsumrers for
domest ic: use shall be limited to the capacity of the liquefied-gas
equipment installedl onl the pr~emises of said user or bu~yer.
All thanks containers, piping, devices, and utilization equipment
shall be built in accordance with the rules or specifications covering
that class promulgated by the NJational ]Board of Fire Undler wr-it~ers,
~National Fire3 Protectioln Associat~ion, Associated 1FactoryT Mutual
Labo~ator~ies, and/or affiliat~es, and shall be installed, maintained, and
operated in strict alccordcanlce with the rules and recommendations of
t~he Nat~ional Boardl of Fire Uinderwriters, National Fire Protec-
tion Association, Associatedc FactoI-ry Mutual Laboratories, and/or
affil iates.
Roule r.--"M arketers" engaged in the sale of liquefied gas or sale
or lease of liquefied gas equipment being cognizant of the need for
safety in equipment. and installation, shall not sell, lease or install
any reclaimed or secondt-hand equipment, except where such equip-
ment has been reconditioned so as to be equivalent from a safety
standpoint to newr equipment of the same type and spec~ificat~ion.
Such equipment shall not bei sold, leased, or installed below the posted
price of unused equipment.
Rule 8.-The making or causfingr or knowingly permlittingr to be
made or published any false, mater~ially inaccurat-e or deceptiv-e state-







mlent by wayB of advertisemenrt or otherwise, whether concerning the
grde ushty, qu anti ty, substance, character, nature, origin, size,
fnh, or preparation of any product of the industry r h cei
terms, values, policies, or services of any member o the industry,ortecei
or otherwise, having the tendency or capacity to mislead or deceive
customers or pr'os'e~ctiv-e customers, or the falsely laying claim to a
policy or a continuing practice of generally underselhing competitors,
Is prohibited.
Rlce 9.--The provisions of this code shall not apply to transactions
between subsidiary or affiliated companies. Companies shall be con-
sideredl to be affiliatedc when one owns the majority of the outstanding
capital stockr of thle other and when the majority of the outstanding
capital stock of each is held by the same individual, corporation, or
associatioon. The 1Parent companies ownling the majority of stock in
other companies shall be responsible for the observance by such
subsidiary or affliated company of the rules of this code.
Ru~le 10.--The unauthorized use by an~y marketer "' of the trade
mark, trade slogan, insignia, or emblem of any other marketer "
or of any trade association in the liquefied gas industry, or the asser-
tion of claim, by advertisement or otherwise, by any marketer "
that he is a member of anly such association when in fact not a mem-
ber thle~e~of, is prohibited.
Rule ll.--All consuming appliances not mlanufactur~ed for liquefled
gas shall be properly adapted or converted for the safe and effcient
use of liqluefiedl gSas, and no markreter shall render such conversion
service, on applanes being connected to a liquefied gas installation
made by such "' marketer ", at prices below cost of labor and material.
Rule 19.--The marketing provisions of this code shall apply to all
" marketers of liquefied ESas as hereinbefore defined regardless of
anyT of their trade associations or other ind-ustrial affiiations.
Rot~le 13.--AL violation of any of the rules of this code shall consti-
tute an unfair trade practice.
AarrxcLJE V

SECTON 1. ~Emergency National: Comm/itteo.-T1Chere shall be an
Emergency National Committee of the Liquefied Gas Industry to
consist of eleven (11) committeemnen to be representative of the
Liqluefied Gas Indlustry, who shall be so selected by a majority vote
i~n such a way that every element of thre Inrdustry shall be fairly and
equitalbly repr'e~sente~. The voting shall be on a basis of total sales
incomes rloml hqueled~c gas sales incomee fr.om eqjuipment, apphiance,
or aInythingf other than rlquefiedt- ga s sales being L sp~eclfically excluded),
the said income being that income for the callenda~r year Inmmediately
prt~ecding the y-ear in which the voting orccurs, as follows:
(a) F~or manrketers mall-ing bona-fid~e sales, the basis shall be
one vote for eachi $100 of such income.
(b) Fior "[ mark~eters nrot inlcludled in (a) the basis shall be one
vote for each $100 of that thleoretical li~quefied gas sales income which
said mar~keter would have had, if said markieter had actually
handledl the sales transaction directly instead of as an intermediary
for another (" marketer."








(c) For "~ marketers included in (a) but not included in (b) and
operating under such a sales arrangement as to combine any truly
wholesale mark2eting~ of .liqu~efiedl ga~s with a direct mlarkleting to the
final retail conisumler, the basis shall be the same as rule (a)1 plus the
vot.ing powecr based on those theor~etically; wholesale sales which
woul11d have been necessarily mad~e: had said "marketer operated on
a reta il-sales basis only.
The additional voting provisions of (c) in excess of the voting
provisions of (a) shall not apply to sales for other than "bottled
gas "' prp~lose~s.
The Presid~ent, may appoint -- (from one to three) nlonvojting
members who will r~eprlesent the Governmnent on the EmlergZency Na-
tional Committee. Such Governmental r~eprelsent~a tivs are to be
ap~pointed for terms of from sixr mlonthns to one year. In case more
than one such, repjresentative is appointed, the ter~ms of a-ppointmnent
are to be so arranged that they do not expire at the same time.
SEG. 2-. Eme~rgel~ltln! y ExeCultave2 Cocmmittee.--The Emer~genc~ Na~-
tional Committe~e shall select from its membership an Emnergency
E~xecuztivTe Committee composed of the Chairman of the Eme~rgency
Naet ion al Committee, who shall be also the Chairman of the Eme r-
gency Executi~ve Commititteee and three others, one of whom (without
vote) shall be a representative of the National Recovery Adm~inis-
tration. The Em~ergency Executive Committee thnus const~itutedl shall
have all the authority and power of the EmergencyS National Comn-
mittee wvhen the Efmelrgncy Nat~io~nl Commnittee is not in session.
In order that the bCode Authority shall at all times be truly
representative of the Induostry and in other respects comply with
the provisions of the _Act, the Aministlrator may provide such
hlearingrs as he may deem proper; and ther~eafter if he shall find thast
the Code Authority is not truly rep~resentative or does not in other
respects comlyrf with thte provisions of the Act may require an appro-
priate modification in the method of selection of the Code Aulthfor~ity.
SEo. 3. POWe78 Grrl- Dutie8 Of Commiz888.--Subject to review and
disapproval or modlificatiojn by the Aldministrator:
(a) The Em~ergencyIS NaJ~tional Committee shall be the general
planning and coo~rd-inating agency for the: IndulStry. It shall make
rules and regulations as it may deemn necessry andj upon complaint
of mtierestedl parties or upon its own. imtiative may make mqiryr~
and investigation into the operation of this code, and shall aid h
President and his delegates in the admirnisl~trantion of this code and
the PNational Indulstrial Rec~over~y ~Act.
(b) The Comlimittee shall make and pub~lishl, from time to time,
such forecasts on these subjects as it m~ay deem advisable in order
that the Presidernt of the Unlited States mazy be informed as to the
observance or non-observBance of this code and in order to p~rovidle
necessary data up~on which to base its studies for the purposes of this
code and to have available data., the Emner-gency Nationafl Comlmittee
Is empowered to call upo~n the IndlustryJ for all statistical and other
reports pertinent to this Code which it may deem advisable and any
refusal to supply such reports is a violation of this code. All such
statistical and other data shall be available to the Administrantor and
his agents. Exce~t, as otherwiise provid-ed inl the National Indus-
trial Recovery Act, all statistics, data, and information filed in ac-








cordance with the prolvisions of Article V shall be confidential, and
the sltntistics, data, and information of one employer shall not be
revealedl to anyr other employer except that for the purpose of facili-
tating the adminiristrantion and enforcement of th~e pr~ovisions of this
Code the Emergfency National Committee or the Emergency Execu-
tive .Committee by their duly authorized representatives (w~ho shall
not be in the employ of ainy employer affected\ by this Code) shall
have access to any and all statistics, data, and information that may
be furnish~ed in necordc'ance with the provisions of thle N1ational In-
dustr'ial Recovery Ac~t. In add(-ition to information required to be
submitted to the Code ,Authnority, there shall be furnished to Gov-
er~nment agencies such statistical information as the Administr~ator
may deem necessary for the purplosesi recited in Section 3 (a) of the
Natlional Indaustrial Recovrery At
(c) The Committee shall utilize to the fullest extent possible the
facilities of any and all existing trade alssociations, national, re-
gional, or local, in1 the liquefied g~as industry in such manner as may
seem most useful to the work of the Commnittee. ICt mlay form or
cause to be formed advisory comm~ittees and comlmit~tees to cooperate
in the administration of this Code, the ]National Industrial Recovery
Act, and the rules and regulations thereunder.
(d) Each tradle or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
()Impose no inequitable restrictions on membership, aind (2' sub-
mit to the Aedmimistrator true copies of its articles of association;
by-laws, regulations, and any amendments when made th~ereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary t~o effect~uate
the purposes of the Act.
SEC. 4. yacacie 8.-All vacancies occurring during term of office
in the `Emergency National Committee and the Emergency E~xecutive
Committee slhall be filled by the Emergency National Committee.
Members, except government representatives, of all Comzmittees
shall serve until A-ugust 1_5, 1934, when their termn shall expire. Prior
to August 15~, 1934, a new Emergency National Committee shall 'be
elected in accordance with provisions of Article V, Section 1.
SEC. 5j. Fees and Assessmenz~ts.--To cover the actual expense of ad-
ministration, assessments shall be made by the Emergency National
Committee of the Liquefied Gas Industry, hereinbefore provided for,
which assessments shall be on a fair and equitable basis, considering
thce nature and extent of operations carried on by~ those subject to
asseLssients, and asseLsmentts shall be paid promiptly when due by
those assessed.
SEc'. 6. A mcclrendms~Tet.Th President may f-romn time to time can-
cel or mod~lify' anyl order, approval, license, rules or regulations issued
under Title I of the National Industrial Recover~y Act, and specifi-
cally, without limnitation, may canlcel or mosdify his approval of this
Code or any conditions imp~osed b~y him up~on his ap~prov-al ther~eof.
Suchi of the provisions of ths Clode as are not :required to be
includled her~ein by the ENationall Indcustr~iaf Recovery Act may, with
the appr"ova"l of the Presidlent, be modified or elimiinated as changes
in circumstances or experience may indicate. It is contemplated
that from time to time supplemlentary provisions to this Code or








additional conditions will be submlittedl for the app~oval of thle
Precsiden~rt to p~revenlt unfair competition i~n. prices and other unfair
destr~uctivee andi comlpetitive prac~ticcs and to effectuate? the other
purposes andl policies of Title I of the National Industrial Recoveryl
Act, pr1ovidedl, however, that no modifications or amendments o
this C'ode shanll bet maderl byT the mlembert~ s of the industry without the
consent beingf voted, in writing, by member~cls repre~senting at least
two-thirds of thie total number of votes to whichn all mlembiers of the
Code aret entitledl collectively, when based upon the voting pr1ovision~s
of Article Vr, Sectionl 1.
Notice of any) pr~oposedi modification or amendment to this Code
shall be given to all memlberls of the IndustryJ and time be allowed
for considleraztion of such amnendmlent or modification prior to acting
upon the same.
SEC. 'i. YI?208 IlHOTOGae.-W-Thereas the policy of the Atlct to increase
real pur~chasing~ power will be made impossible of consummation if
prices of goods and services increase as rapidly as wages, it is r~ecogr-
nized that price incr~eases shall be delayed and that, when madace, the
same should, so far as reasonably possible, be lunited to actual
increases in the seller's costs.
SEO. 8. Effective Dacrte.--The provisions of this code shall become
effective uponr apprloval thereof by the Preside~nt, anid shall remain in
force until June 16i, 1935, or any date prior thereto that the President
shall byr proclamation or thie Congress shall by joint resolution,~
delre that the emergency recognized bySetoIofTl Ifth
National Industrial Rtecov~ery Act has ended.




UNIIVERSITY OF FLORIDA
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