UNIVERSITY OF FLORIDA
3 1262 08482 9349
endment No. 1
Registry No. 1012-1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON AUGUST 24, 1934
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Approved Code No. 206-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on August 24, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
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 the approval of an amend-
ment to a Code of Fair Competition for the Feldspar Industry, and
NOTICE OF OPPORTUNITY TO BE HEARD, Administrative
Order 206-5, dated June 26, 1934, having been published and no ob-
jection having been filed as provided in said published notice, and the
annexed report on said amendment containing findings with respect
thereto, having been made and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent provi-
sions 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
modified 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.
C. E. ADAMS,
August 24, 1934.
REPORT TO THE PRESIDENT
The White House.
SIm: 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
Feldspar Industry, submitted by the Code Authority for the said
The existing provision of Article V, Section 5 (d) 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 proposed amendment to Article V of said Code,
the provisions of which follow closely the text of the above men-
tioned Orders, will overcome the existing inadequate provisions.
The Deputy Administrator in his final report to-me on said
amendment 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 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 adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
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 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 oper-
ate 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.
HUGH S. JOHNSON,
AUGUST 24, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
Section 5 (e) of Article V shall be designated as Section 5 (g)
and Section 5 (d) of Article V shall be stricken from the Code of
Fair Competition for the Feldspar Industry and the following in-
serted in lieu thereof:
(d) It being found necessary in order to support the administra-
tion 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 authorized:
(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;
(a) 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
(e) 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 contributions), 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
(f) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimate except those
which the Administrator shall have so approved.
Approved Code No. 206-Amendment No. 1.
Registry No. 1012-1-02.