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NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WHOLESALING OR DISTRIBUTING TRADE AS APPROVED ON OCTOBER 26, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D. C. Price 5 cents Approved Code No. 201-Amendment No. I Registry No. 1625-59 This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N. Y.: Chamber of Commerce Building. Charleston, S. C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building. Approved Code No. 201-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WHOLESALING OR DISTRIBUTING TRADE As Approved on October 26, 1934 ORDER APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE WHOLESALING OR DISTRIBUTING TRADE 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 Wholesaling or Dis- tributing Trade, and notice of opportunity to be heard having been duly given thereon and the annexed report on said amendment, con- taining findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to author- ity vested in it by Executive Orders of the President, including Ex- ecutive Order 6859, dated September 27, 1934, and otherwise, does hereby incorporate by reference said annexed report, and does 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 does 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 fifteen (15) days from the date hereof, unless good cause to the contrary is shown to the National Industrial Recovery Board before that time and the Na- tional Industrial Recovery Board issues a subsequent order to that effect. NATIONAL INDUSTRIAL RECOVERY BOARD, By G. A. LYNCH, Administrative Officer. Approval recommended: ROBERT L. HOUSTON, Division Administrator. WASHINGTON, D. C., October 26, 1934. 94047*-1244-112---34 (1 1 REPORT TO THE PRESIDENT The PRESIDENT The White House. SiR: This is a report on an amendment to the Code of Fair Com- petition for the Wholesaling or Distributing Trade, said Code being Approved Code No. 201, approved by you on January 12, 1934. This Code has been amended by striking out Section 4 of Article VI and inserting a new section which will empower the General Code Authority for the above Trade to submit a budget and basis of contribution for each member of the Trade and to obtain equitable contributions from all members of the Trade. The Deputy Administrator in his final report to the National Industrial Recovery Board on said amendment to said Code having found as herein set forth and on the basis of all the proceedings in this matter" It finds 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 Industrial Recovery Act including the removal of obstructions 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 of labor and management under ade- quate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural prod- ucts through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) The Code as amended complies in all respects with the perti- nent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof. (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 the approval of this amendment to the Code. For these reasons the amendment to the above-named Code has been approved. For the National Industrial Recovery Board: G. A. LYNCH, Administrative Officer. OCTOBER 26, 1934. AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WHOLESALING OR DISTRIBUTING TRADE The Code of Fair Competition for the Wholesaling or Distributing Trade is hereby amended by striking out Section 4 of Article VI and inserting a new Section 4 reading as follows: Section 4. Payl met of Cost of Code Administbratiobn.-(a) It being found neces.-ary in order to support the administration of this Code and to maintain the standards of fair competition established under this Code and to effectuate the policy of the Act, the General Code Authority is authorized (1) To incur such reasonable obligations as are necessary and proper for the foregoing purpo-s.-, and to meet such obligations out of funds which may be raised as hereinafter provided and which ,hall be held in trust for the purposes of the Code; (2) To submit to the National Industrial Recovery Board for its approval, subject to such notice and opportunity to be heard as it may deem necessary.(i) an itemized budget of its estimated expenses for the foregoing purposes, and (ii) an equitable basis upon which the funds necessary to support such budget shall be contributed by members of the Trade; (3) After such budget and basis of contribution have been ap- proved by the National Industrial Recovery Board, to determine and obtain equitable contributions as above set forth by all members of the Trade. and to that end, if necessary, to institute legal proceed- ings therefore in its own name. (b) Each member of the Trade not governed by a specific Sup- plementary Code for the particular commodity division in which he or it operates shall pay his or its equitable contribution to the ex- penses of the maintenance of the General Code Authority direct to the General Code Authority, and each member of the Trade oper- ating within a specific comnmolitY division for which has been ap- proved a Supleimentary Code shall pay his or its equitable contri- bution to the expenses- of the maintenance of the General Code Authority through the Divisional Code Authority administering the Supplementary Code governing the c-m rnoodity division within which such member of the Trade operates, and each Divisional Code Au- thority as such shall pay its equitable contribution to the expenses of the maintenance of the General Code Authority, determined as hereinabove provided, and subject to rules and regulations pertain- ing thereto issued by the National Industrial Recovery Board. Only members of the Trade complying with the General Code and con- tributing to the expenses of the administration of the said Code as hereinabove provided, unless duly exempted from making such con- tributions, shall be entitled through such Divisional Code Authori- ties, or as otherwise provided, to participate in the selection of members of the General Code Authority or to receive the benefits 4 of any of the voluntary activities of said Code Authority or to make use of any emblem or insignia, of the National Recovery Administration. (c) The General Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in its approved budget, and shall in no event exceed the total amount contained in the approved budget, except upon approval of the National Industrial Recovery Board; and no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates except those which the National Industrial Recovery Board shall have so approved. Approved Code No. 201-Amendment No. 1. Registry No. 1625-59. 0 Digitized by the Internet Archive in 2011 with funding from UnIversily of Floi da. George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/amendmenttocodeo5721 unit UNIVERSITY OF FLORIDA II IIIHII I ll l ill llIi llII1i llll l11111 l III 3 1262 08728 5721 |