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Code No. 117-Amendment No. 1
Registry No. 1399-33
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JUNE 27, 1934
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Approved Code No. 117-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
GEAR MANUFACTURING INDUSTRY
As Approved on June 27, 1934
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE GEAR
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16. 1933, for approval of an amend-
ment to a Code of Fair Competition for the Gear Manufacturing
Industry, and as contained in a Published Notice of Opportunity to
File Objections, Administrative Order No. 117-8, dated May 31,
1934, and no objections having been filed as provided in said Pub-
lished Notice, and the annexed report on said amendment, contain-
ing findings with respect thereto, having been made and directed
to the President,
NOW. THEREFORE, on behalf of the Presidept of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6548-A, dated December 30,
1933, and otherwise, do hereby incorporate, by reference, said an-
nexed report and do find 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, and do hereby order that said 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 take
effect ten (10) days from the date hereof, unless good cause to the
contrary is shown to the Administrator before that time and the
Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
B.RTON W. MURRAY,
Acting Division Administrator.
June 27, 1934.
REPORT TO THE PRESIDENT
The V /ite House.
SIR: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Gear Manufacturing Industry, submitted by the Code Authority for
the said Industry.
The existing provision of Article VII, Section 1 (b) of the Code
for said Industry, is entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the proposed amendment to Article VII of said Code, the provisions
of which follow closely the text of the above mentioned Orders,
will overcome the existing inadequate provisions.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industfial Recovery Act including the removal of obstruc-
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 cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tions of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thepof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this amendment,
such approval and such amendment to take effect in ten (10) days,
unless good cause to the contrary is shown to me before that time and
I issue a subsequent order to that effect.
HUGH S. JOHNSON,
JUNE 27, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE GEAR MANUFACTURING INDUSTRY
Pursuant to Article VII of the Code of Fair Competition for the
Gear Manufacturing Industry, duly approved by the President on
November 14, 1933, and further to effectuate the policies of Title I
of the National Industrial Recovery Act, the following modification
is established as a part of said Code of Fair Competition and shall
be binding upon every member of the Gear Manufacturing Industry.
Modify Article VII by deleting Section I (b) and substituting in
lieu thereof the following:
b. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized, subject to the approval of the Adminis-
To incur such reasonable obligations as are necessary and proper
for the foregoing purposes and to meet such obligations out of funds
which may be raised as hereinafter provided and which shall be held
in trust for the purposes of the Code.
To submit to the Administrator for his approval, subject to such
notice and opportunity to be heard as he may deem necessary, (1) an
itemized budget of its estimated expenses for the foregoing purposes,
and (2) an equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry.
After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all such members of the Industry, and to that
end, if necessary, to institute legal proceedings therefore in its own
c. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority
as hereinabove provided, and subject to rules and regulations per-
taining thereto issued by the Administrator. Only members of the
Industry complying with the Code and contributing to the expenses
of its administration as hereinabove provided shall be entitled to
participate in the selection of the qiembers of the Code Authority or
to receive the benefit of its voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
d. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
e. Any member of the Industry is eligible for membership in the
Association, and there shall be no inequitable restrictions on such
Approved Code No. 117-Amendment No. 1.
Registry No. 1399-33.
UNIVERSITY OF FLORIDA
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