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Caoiea. 123-Amendment No. 1
Remrdtrv No. 1011-1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON AUGUST 13. 1934
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Approved Code No. 133-Amendment No. I
AMENDMENT TO CODE OF FAIR COMPETITION
CONCRETE MASONRY INDUSTRY
As Approved on August 13, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CONCRETE MASONRY INDUSTRY
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 the Code of Fair Competition for the Concrete Masonry
Industry, and annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
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 No. 6543-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 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,
S Division Administrator.
August 13, 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 Title I of the National Irdiustrial
Recovery Act, for an amendment to the Code of Fair Competition
for the Concrete Masonry Industry, submitted by the Code Authority
for the Concrete Masonry Industry.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Industry.
The Deputy Administrator in his final report to me on said amepd-
ment to said Code having found as herein set forth arid 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 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 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 prod-
ucts through increasing purchasing power, by labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion 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 approval of
For these reasons, therefore, I have approved this Amendment.
HUGH S. JOHNSON,
AUGUST 13, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE CONCRETE MASONRY INDUSTRY
Amend Article VI by eliminating Section 14 and substituting the
following in lieu thereof:
SECTION 14. (a) It being found necessary 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 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;
2. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(a) an itemized budget of its equitable expenses for the foregoing
purposes, and (b) 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
contribution as above set forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
(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 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 Adminis-
(c) 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
contained in the approved budget except upon approval of the Ad-
ministrator; 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.
Approved Code No. 133-Amendment No. 1.
Registry No. 1011-1-02.
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