Approved Code No. 152-Amendment No. 1
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON FEBRUARY 8. 1935
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Approved Code No. 152-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
CAN MANUFACTURERS INDUSTRY
As Approved on February 8, 1935
APPROVITN AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
CAN MANUFACTURERS 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 an amend-
ment to the Code of Fair Competition for the Can Manufacturers
Industry, and an opportunity to be heard thereon having been duly
noticed and the 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, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 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, provided
Section 3 of Article III be amended by adding thereto the following:
"Territories and possessions wage district-All other territories
and possessions of the United States, to which the provisions here-
inafter set forth as to the Hawaiian Wage District shall apply."
And provided further, that the following be added under Section
4 of Article VI, at the end of the first sentence:
In addition to the above information there shall be submitted to
government agencies such statistical information as the Administra-
tor may deem necessary for the purposes recited in Section 3 (a) of
the National Industrial Recovery Act."
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Oficer.
Acting Division Administrator.
WASHINGTON, D. C.,
February 8, 1935.
REPORT TO THE PRESIDENT
The White House.
Sm: This is a report on the amendment of the Code of Fair Com-
petition for the Can Manufacturers Industry to incorporate the
principles contained in Executive Order No. 6678 of April 14, 1934,
relating to the expenses of Code Administration. This amendment
was proposed in accordance with Article VIII of the Code as
approved on December 15, 1933, and notice of opportunity to be
heard was given from November 13 to December 4, 1934.
The Deputy Administrator in his final report, to us on said amend-
ment. 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 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 purposes
of cooperative action among trade groups, by inducing and main-
taining 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
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 reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(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 Code empowers the Board of Governors of the Code Au-
thority to present the aforesaid amendment on behalf of the Industry
as a whole.
(d) The Code 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 the approval of said
For these reasons, therefore, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
FEBRUARY 8, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CAN MANUFACTURERS INDUSTRY
Delete Section 3 of Article VI.
Delete Section 9 of Schedule B and inert the following provision
as Section 3 of Article VI of the Code:
SECTION 3. (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 National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
may deem necessary (a) an itemized budget of its estimated ex-
penses for the foregoing purposes, and (b) an equitable basis upon
which the funds necessary to support such budget shall be contrib-
uted by Members of the Industry;
(3) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, 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 expense of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the National Industrial
Recovery Board. 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 said con-
tribution, shall be entitled to participate in the selection of the
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 Administration.
(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
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 Recov-
ery Board shall have so approved.
Approved Code No. 152-Amendnieut No. 1.
Registry No. 1147-02.
UNIVERSITY OF FLORIDA
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