UNIVERSITY OF FLORIDA
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ndment No. 1
Registry No. 1036-1-02
NATIONAL RECOVERY ADMINISTRATION
OF FAIR COMPETITION
CLAY AND SHALE
ROOFING TILE INDUSTRY
AS APPROVED ON JULY 17, 1934
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Approved Code No. 389-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
CLAY AND SHALE ROOFING TILE INDUSTRY
As Approved on July 17, 1934
APPROVING MODIFICATION OF CODE OF FAIR COMPETITION FOR THE
CLAY AND SHALE ROOFING TILE 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 the approval of a modi-
fication to a Code of Fair Competition for the Clay and Shale
Roofing Tile Industry, an opportunity to be heard having been duly
afforded all interested parties and the annexed report on said modi-
fication, 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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference, said
annexed report and do find that said modification and the Code as
constituted after being modified 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 modification
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 modified.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BaTON W. MURRAY,
July 17, 1934.
REPORT TO THE PRESIDENT
The White House.
Sm: Under the Code of Fair Competition for the Clay and Shale
Roofing Tile Industry, as approved on April 6, 1934, the Code Au-
thority has submitted a modification to Article VI, Sections 8, 8-A,
and 8-B, designed to empower the Code Authority to collect assess-
ments from all members of the Industry to provide for the expenses
of administering the Code. Under this modification, payment of
such assessments will not be mandatory until the Code Authority has
submitted and has had approved by the Administrator, a budget and
plan of assessment. A provision of the modification forbids the
Code Authority from making expenditures in excess of their ap-
proved budget. These provisions replace the former provisions for
supporting the Code Authority through voluntary payments.
The Deputy Administrator in his final report to me on said
modification 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 modification of said Code and the Code as modified 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
adequate governmental sanction and supervision, by eliminating un-
fair competitive practices, by promoting the fullest utilization of the
present productive capacity of industries, by avoiding undue restric-
tion 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
The Code as modified complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation
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 modification on behalf of the Industry as a whole.
(d) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
JuiT 17, 1934,
HUGH S. JOHNSON,
(e) The modification and the Code as modified 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, I have approved this modification.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE CLAY AND SHALE ROOFING TILE INDUSTRY
Modify Article VI, by deleting Section 8 and substituting in lieu
thereof the following:
SECTION 8. It being found necessary in order to support the ad-
ministration 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:
a. 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;
b. 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 neces-
sary to support such budget shall be contributed by members of
c. 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.
SECTION 8-A. Each member of the industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the industry complying with the Code
and contributing to the expenses of its administration as herein-
above provided, unless duly exempted from making such contribu-
tions, 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
SECTION 8-B. 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 expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
Approved Code No. 389-Amendment No. L
Registry No. 1036-1-02.