For sale lar the Sulperintendent of Documents, Washington, D.C.-- Price 5 conse
Approved Code No. 305-Amendment No. 2
.Registry No. 311--03
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
FIBRE CAN AND TUBE
AS APPROVED ON SEPTEMBER II, 1934
UN~ OF' FL LLI.
U.S ~ POSITORY~
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
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DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, 111ass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
ChanrlesYton, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 17006, 201 North WFells Street.
Clevelandt, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Illich.: 801 First National Bank Building.
Houston, Tex.: Chafmber of Commlerce Building.
Indianaplolis, Ind.: Chamber of Commerce Building.
Jack-sonville, Fla.: Chamber of Commerce Building.
K~ansas City, M~o.: 1028 Baltimore Avenue.
Los Ang~eles, Calif.: 1163 South Broadway.
Louisville, Ky.: 40S Federal Building.
Elemphis, Tenn.: 2219 Federal Building.
Mlinneapolis, blinn.: 213 Federal Building.
New Orleans. Ln.: Room 225-A, Custombouse.
New Ybrk, N.Y.: 7~34 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Phiiladelphiia, Pa.: 422 Commnercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newv Post Ofihce Building.
St. Louis, M~o.: 506 Olive Street.
San Franlcisco, Calif.: 310 Custombouse.
Seattle. Wansh.: 800 Federal Office Building.
Approved Code No. 305--Amendment Nio. 2
AMENDMENT TO CODE: OF FAIR COMPETITION
FIBRE CAN AND~ "TUBE IND)USTRY~
As Approved on September 11, 1934
APPROV'ING B00DIFICATION OF CODE OF FAIR COMIPETITlION FOR THE
FIBRE CAN AND TUBE TNDU~STRY
An application hav-ing been dulyr made pursualinti oandl in fusl-l
compliance witbh the provisions of Title I, of h ainlIdsra
Recovery Act, approved~c June 1_6, 1933, for approval of a morcdifica-
tion to a C'ode of Fair Comlpetition for the Fibre Can and Tube
Industry~, and due notice and opportunity to be heard having been
pren thereon andi the annllexed report on said modification, contanin-
Ing findings with respect thereto, having been made and directed
to the Presid-ent.:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administr~ator for Industrial Recovery,
pursuant to authority \est'ed in me by Executive Orders of the
President, including Executive Order No. G543-A4, dated Decemiber
30, 1933, and otherwise; do hereby incorporate, by r~efer~enc~e, said
annexed report and2 do find that said mnod'ification and the Code as
constit~utedi after being modified comply in all respects withn the
pertinent provisions and w~ill promote, the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it. is hereby ap~provedl, and that the previous approval of
said Code is hereby modified to include an alpproval of said Code
in its entirety as modified.
HUGH S. JOHNSON,
Admizinistrator for Inzdustlirial Recover!*
Approval recommended :
JoSEPH F. BATTLE,
Acting Divisi'olln Adinistrator.r
S3eptember 11, 194.
REPORT TO THE PRESIDENT
The WFhtes House.
SmR: This is a report on a modification of the Code of Fair Com-
petition for the Fibire Canl and Tube Industry which was approved
by you on February 241, 1393.
The effect of this amnendlment will enable the Code Authority to
submit a budget and basis of assessment and give it the power to
institute legal proceedings, i~f necessary, for the collection of said
The Dep~uty Ad~ministrator in his final report to me on said
mnod~ification of said Code havling found as herein set forth and on
the ba~iis of all thme prioceedlings in this matter:
I[ find that:
(a) Thme modc~ification of said Code andl the Code as modified are
well dlesignedl to plomlotee the policies and purposes of Title I of the
National Indullstrial Recovery Act including the removal of obstrue-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for thme general
welfare by promoting the organization of indlustry for the purpose
of cooperc'ative action oif labor and managremen't under adequate
governmlental sanction andi supervision, by eliininatmng unfair com-
petitivec practices, b~y promoting the fullest possible utilization of
thle present productive capacity of industries, by avoiding undnue
restriction of production (except as may be tempyorarily required),
by increasing thme consumption of industrial anld agricultural prod-
UCtS through increasing pirchasi~ng power, by reducing and reliev-
ing uinemp~loymnent, by improving standlardls of labor, and by other-
wise rehabilitating i ndlust ry.
(b) The Code as modlified complies in all respects withm thme per-
tinent p~rovisio~ns of saidl Title of said Aict, including without limi-
tation suib-sectioni (a) of ~Section 3, sub-section (a) of Section 7 and
suib-section (b,) of Section 10 thereof.
(c) The Codle emnpowers the Code Authiority to propose the
modification on behalf of thle Ind~ustryT as a whole.
(dl) The mol~dific~atio n andl the Cod~e as modlified are not dlesigned
to andic will not. eliminate or opp~ress small enterprises and will not
operate to discrimiinate against them.
(C) The miodlificationl andt the Code as mnodified are not designed to
aInd wrill niot pcrmnit mionop~olies or Imonopolistic practices.
(f) Those engagedl in other steps of the economic process have not
been depzlrived of thle right to b~e heardl prior to approval of said
For these reasons this modlification has been approved.
Huan S. JOHrNsoN,
SEPTEMRER 11, 21984.
MSODIFIC A~TIOLN OF' CODE O1F FAIR COMPETITIONS~ FrOR
THE FIBRE C1AN AND TUBE INDUSTRY
Delete Sect~ion V' of Art~icle II: and in lieu ther~eof insert:
5i. (a) It beingr found nlecelssaryy in order to support the admin-
istration of this Codle and to maintain the standar~lds of fair comipeti-
t~ion establish~edl her~eunde'tr and to effectunto the policy of the Act,
the Cole Aurthor~ity is aulthor~ized:
1. To incurl sulch reansonab~le obligations as are necessary and proper
for the foregoing pur~poses, andc to mleet. such. (.bligatlfions1 out of funds
which masy be ranisedl as herleinuafter provided and which hall be
heldl inl trust for thle purplose~s o~f the! Code.
2. To sulbmit to- t.hle Admi nlillt I:frato for his approval, subject to such
notice andi opportunity to be heard as he Imay deem necessary (a)
an itemlizedl budg~~et. of its; estimated expenses for the foregoimg pur-
poses. andc (b) ain equitable basis upon which the fulnds necessary
to support. su~ch budtge~t shall be c~ontrib~uted byT members of the
Ind ust ry.
3. After such bld~g~et andi basis of contribuition have been ap.
p~rovedt byv th~e Adm inistrator, to determine and obtain equritablle
contr~ibultionl as a~ove set fourth by all membe~rs of the Industry, and
to- that endl, if necessa~ry~, to institute legal procee~tdin~gs ther1efor in
its 01YH Dnrie.
(b) Each memlber of th~e Industry shanll pay his or its equitab~le
contr~ibutionll to thle expelienss of thet maintenance of thie Codelc Au-
thority~, de~t~r~mined~ as her~einabove! providled, and subject to ru~les
and regrulationsi pertaining therecto issuedc~ by the Adin~lisitr ator..
Only membership of thle Indcustr~y comply:ing with thle Code and con-
tribulting~ to the expensi;es of its adi~lnistrantion as herleinabovv e pro-
videdl, urnless duly exempited from main igr such conltribu~rtions, shall
be elntitledl to p~articipalte ini the selection of membersfl' of the Code
Aulthor~ity' or to trecetive the be~nefitts of any of its voluntary activities
or to maket u~e. olf any' emblem:1 or instignia of the National Recovery
Adm in ist rat ion.
(c) Thre C'od~e Aulthor~ity -;hall neither incur nor pay any ob~ligaa-
tion r-ublstantially in ecscs~ o-f the amount thereof as estimated~ in
its apprl"oved' budget, andr shanll in no event exceeds the total amount
continued in the app~r~oved bludget, except uponl approval of the Ad-
ministrator'; and no subsequent~ budget shall contain any deficiency
itemn for expendlituresi in exc~ss of pr~ior budget estim~at-es except those
which the Administratorr shall h~ave so approved.
Registry N'o. 311-03.
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