UNIVERSITY OF FLORIDA
3 1262 08482 9141
nent No. 1
Registry No. 1023-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 27, 1934
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Approved Code No. 449-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
WHOLESALE MONUMENTAL GRANITE INDUSTRY
As Approved on October 27, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
WHOLLESAE ALONUMENTAL GRANITE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indnl-trial
Recovery Act, approved June 16, 1933, for the approval of an
amendment to a Code of Fair Competition for the Wholesale Monu-
mental Granite Industry, and NOTICE OF OPPORTUNITY TO
BE HEARD, Administrative Order 449-5, dated September 15,
1931, having been published and no objection having been filed as
provided in said published notice, and the annexed report on said
amnendnent containing 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
Executive Order No. 6859, 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 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.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Adinim'trative Officer.
W. P. ELLIS,
Acting Division Administrator.
WASHINGTON, D. C.,
October 27, 1934.
REPORT TO THE PRESIDENT
The White 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
Wholesale Monumental Granite Industry, submitted by the Code
Authority for the said Industry.
The existing provision of Article VI, Section 13 of the Code for
the said Industry, is entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the amendment to Article VI of said Code, the provisions of which
follow closely the text of the above mentioned Orders, will overcome
the existing provisions.
The Deputy Administrator in his final report to us on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter:
We 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 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 among trade groups, by inducing
and maintaining united 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
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act., including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) 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.
(f) 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, we have approved this amendment.
For the National Industrial Recovery Board:
G. A. LYNCH,
OCTOBER 27. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
WHOLESALE MONUMENTAL GRANITE INDUSTRY
Delete Section 13 of Article VI and substitute therefore the
SECTION 13. Participation in the Code.-(a) It being found neces-
sary in order to support the administration of this Code and to
maintain the standards of fair competition established hereunder
and to effectuate the policy of the Act, the Code Authority is
(1) 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:
(2) 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 members of the
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefore in its
(b) Each member of the industry, shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining 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, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
(c) The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its ap-
proved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the
Administrator; and no subsequent budget shall contain any deficiency
item for expenditure in excess of prior budget estimates except
those which the Administrator shall have so approved.
Delete Section 15 (m) of Article VI. Change Subsection 15 (n)
to read Subsection 15 (m), change Subsection 15 (o) to read Subsec-
tion 15 (n), and change Subsection 15 (p) to read Subsection 15 (o).
Approved Code No. 449-Amendment No. 1.
Registry No. 1023-02.
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