NATIONAL RECOVERY ADM1INISTIRATIONJ
AMENDMVIENT TO~ SUPPL]EMENTARY~AR
CODE~ OF FAIR COMIPETI"ITI[ON
ANrD IRON FENCE INDUI~ZSTIRY
For sale by the SuperntnendenltofDocuments, Washington, D. C. - Price 5 ents
Approved Code No. 84L1-Amendment No. 1
]Registry No. 1113--01
(A Division of the Fabricated Metal Prodnets
~Manufacturing and Mletal Finishing
and 1Metal Coating Industry)
AS APPROVED ON JANUARY 22, 1935
U.S. ZEPOSTORY ,,L~ ,
GOVERNMENT PRINTING OFFICE
REPORT TO THE PRESIDENT
The White HBouse,
SmR: This is a report on the amlendmnent of the Supplemnentary
Code of Fair Competition for the Complete Wire and Iron Fence
Industry, a Division of the Fabricated M~etal Products Mlanufactur-
ing and Metal Finishing and Metal Coating Industry, to incorporate
the principles contained in Schedule "A' of Office Memorandum
#228, dated June 7, 1934, relating to the filing of prices. This
amendment was proposed in accordance with Article XL of the Sup-
plemrentary Code as approved on July 3, 1934, and Notice of Oppor-
tunity: to be H~eard was given from Decembe~r 26, 1934 to January
The Assistant D~eputy Administrator in his finial report on said
amendment to said Sup~plemnentary Code having found as herein set
forth and on the basis of all the proceedings in this matter:
It is found that:
(a) The amendment of the said Supplementary Code and the
Supplementary Code as amended is well designed to promote the
policies and purposes of Title I of the; National Industrial Re-
covery Act, including the remo-val of obstructions to the free fCo~low
of interstate and foreign conlner~ce which tend to diminish. the
amount thereof, and will provPide for the general welfare by pro-
moting the organzation of industry for the purpose of cooperative
action among trade groups, by inducing and maintaining united
action. of labor andl management under adbequate governmental sane-
tion and supervision, by eliminating unfair competitive practices, by
promoting the fullest possible utilization of the present productive
capacityS of industries, by avoiding undue restriction of production
(excetpt as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increasing
purchasing power by reducing and relieving unemployment, by im-
proving stand rds of labor, and by otherwise rehabilitating indstry.
(b) Th Sup~plemnentary Code as amended complies in all respects
with the pertinent provisions of said Title of said Act, including~
without limitation Subsection (a) of Section 3, Subsection ()o
Section 7, and Subsection (b) of Section 10 thereof.
(c) The Supplementary Code empowers th Supplementary Code
~Authority to present the aforesaid am~endmrent onl behalf of the
Industry as a whole.
(d) The Supplementary Code and th Supplementary Code as
amrenlded is not designed to and. will not permit monopolies or
(e) The amendment and th~e Supplemnentary Code as amended is
not designed to and will not eliminate or a~ppress small enterprises
and wCill 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 the approval
of said amendment.
For these reasons, therefore, this amendment has been. approved.
For the National Industrial Recovery Board:
W/. A. ]HARRIMAN,
JAlNUARY 22, 1935.AdiitaieOfe.
AMENDMENTS TO SUPPL-EMENTA-~'RY CODE OF" THEIF
COLMPLIETEI~ WIRE &~ IRON F'ENCIE INDUSTRY
A DIIVISION OF THE FAi~BRICATED MIETAL PRODUCTS MANUFACTURIING AND
METAL FINISHIING AND MIETAL COATINGC INDUSTRY
Amnend Article VII as it appears in the Supplementary Code as
approved on July 3, 1934, by deleting Sections 1, 2, and 3 thereof,
and substituting therefore the following:
SECTION 1. Each member of the Industry shall file with the Sec-
retary, as the confidential and dlisinterested agent of the Supple-
mentary Code Authority, identified lists of all of his prices, discounts,
rebates, allowances, specifications, and all other terms or conditions
of sale, hereinafter in this A~rticle referred to as price terms ", which
lists shall completely and accurately conform to and represent the
individual pricing practices of said member. Such lists shall con-
tain the price terms for all such. standard products of th~e Inldustry
as are sold or offered for sale by said member and for such non-
standard products of said member as shall be designated by thne Code
Authority. Said price termrs shall, in the first instance, be filed
wTithin ten (10O) days after the date of approval of this provision.
Price terms and revised price terms shall become effective imme-
diately upon receipt thereof by said agent. Immediately upon re-
ceipt thereof, said agent shall by telegraph or other equally prompt
means notify said mlemlber of the time of such receipt. Such lists and
revisions, together with the effective time thereof, shall upon receipt
be immediately and simultaneously distributed to all members of the
IndustryS and to all of their customers who have applied therefore and
have offered to defray the cost actun11y incurred by the Code Au-
thority in the preparation and distribution thereof and be available
for inspection by any of their customers at the office of such agent.
Such lists or revisions or any part thereof shall not be made avail-
able to any person until released to all members of the I~ndustry and
their customers, as aforesaid; provided, that prices filed in the first
instance! shall not be released until-the exzpiration. of the aforessid
ten day period. T'he aforesaid agent shall maintains, a permanent file
of all price terms filed as herein provided, and shall not destroy any
part of such records except upon written consent of the National
Industrial Rtecovery Board. Uponl request the aforesaid agent shall
furnish. to the National Industrial Recovery Board or any duly
designated agent of the said Board copies of any such lists or
revisions of price terms.
SECTION 2. When any member of the Industry has~ filed anly revi-
sion, such member shall not file a higher price within for~ty-eight
SECTION. 3. No member of the Industry shall sell or offer to sell
a~ny products/services of the Industry, fo;r which price ~terms have
been filed pursuant to the provisions of this Article, exricept in. accord-
ance with such price terms.
SECTION 4. N~o member of thie Indutry1tl3 shall enter into~ any agree-
ment,, understanding,.,., combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimnidation,, coercion,
or any other influ~nc-e inconsistent with the maintenance of the free
and open market which. it is the purpose of this Ar-ticle to create.
The present Section 4 of this Article to be renumnbered 5.
Approved Code Nio. 84L1-ABmendment No. 1.
Registry No. 1113-01.
UNIVERSITY OF FLORIDA
3 1262 08855 8662