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This publication is for sale by the Superintendent of Documents, Govrr
Printing Office, Wasdongfor# D-C.,. "d by district dffiew of. the BurV
Foreign and Domestic: Clommerce.
DISTRICT, OMTCES OF TIM DEPARTMENT OF COMMER09
Atlanta, Ga.,: 50'Posat Offige Buflding&
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Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
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St. Louis, Mo.: 506 Olive Street.
i;IAMENDMENT TO CODE OF FAIR COMPETITION
S: MICA INDUSTRY
i.'*., As Apprpved on July 31, 1934
OfG AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
A.: application having been duly made pursuant to and in full
piiance with the provisions of Title I of the National Industrial
very Act, approved June 16, 1933, for the approval of an
atent to a Code of Fair Competition for the Mica Industry,
.OTiTCE OF OPPORTUNITY TO BE HEARD Adminis-
..'.Order'No. 306-5, dated June 11, 1934, having been published
.: no objection having been filed as provided in said published
a..a.nd the annexed report on said amendment containing find-
rittrespect thereto, having been made and directed to the
STHIEREFORE, on behalf of the President of the United
ilhf ugh.S. Johnson, Administrator for Industrial Recovery,
Ut to authority vested in me by Executive Orders of the
Set, .including Executive Order 6543-A, dated December 30,
:and otherwise, do hereby incorporate by reference, said an-
l iort. and do find that said amendment and the Code as
ed. after being amended comply in all respects with the
provisions and will promote the policy and purposes of
iq.t- of said Act, and do hereby order that said amendment
it :hereby approved, and that the previous approval of said
J hereby modified: to include .an approval of said Code in its
S..,s amended, such- approval and such amendment to take
i (10) days from the date hereof, unless good cause to the
a.hwn. to the. Administrator before that time and the
a Mgr uecs a sunbsequeMt order to that effect.
..: :. *.- *. HUGH S. JOHNSON,
ii!: Admskistrator for Industriao Recovery.
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Act, for an Amendment to the Code of Fair Competition for
Mica Industry, submitted 'by th 'Code'A'athority for theft.
The existing provision of Article VI, Section 6 of the Code f0 '
the said Industry, is entirely inadequate in view of Executive Otdei.r'
6678 and Administrative Order X-36, and it is therefore evident thi"at:':
the proposed amendment to Article VI of said Code, the provi '::niii
of which follow closely the text of the above mentioned Orders::l
will overcome the existing inadequate provisions. ,
FINDINGS "B "'
The Deputy Administrator in his final report to me on said a.ipe" S
ment to said Code having. found as herein set forth and ~an .ti!
basis of all the proceedings in this matter: :. .
I find that:
(a) The amendment to said Code and the Code as amended "i
well designed to promote the policies and purposes of Title I 'of
National Industrial Recovery Act including the removal of obstiFti
tions to the free flow of interstate and foreign commerce which 4 f.t
to diminish the amount thereof2 and will provide for the genosBi
welfare by promoting the organization of industry for the pu'rpiet
of cooperative action among trade groups by inducing and Mains ai
training united action of labor and management under adequate goAiv
ernmental sanction and supervision, by eliminating unfair cm. peti
tive practices, by promoting the fullest possible utilization 'o tt
present productive capacity of industries, by avoiding undueresti-
tion of production (except as may be temporarily required),
increasing the consumption of industrial and agricultural prodz
through increasing purchasing power, by reducing and relievuitng
employment, by improving standards of labor, and by other
(b) The Code as amended complies in all respedcs with the
nent provision of said Title of said Act, including without lmit
sub-section (a) of Section 3, sub-section (a) of Section 7 and
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not daeeig
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not desig.i
and will not eliminate or oppress small enterprises and will:':
operate to discriminate against them.
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S. v uuaH 0. o iU. a*BU ,
:i 31, 1934.
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i JnMl rJ.LLIn I JAa. "M ,lJ.J, 3.&IJ. 1 A AI U1Jf.LIrX XII/iUJ .x, k" .tg.l
THE MICA INDUSTRY ...
Section 6 of Article VI shall be stricken from the Code of EJ F~
Competition for the Mica Industry and the following inserted-:
(6) It being found necessary in order to support the administIj
tion of the Code and to maintain the standards of fair comppetitif: i.::
established hereunder -and to effectuate the policy of the Act, th
Code Authority is authorized: ...
(1) To incur such reasonable obligations as are necessary an.::
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided aiz'd!i
which shall be held in trust for the purposes of the Code.
(2) Submit to the Administrator for his approval, subje cit::;i
to such notice and opportunity to be heard as he may deem neces- :l
sary, (a) an itemized budget of the estimated expenses for the:' -I0
foregoing purposes, and (b) an equitable basis upon which th e.::
funds necessary to support such budget shall be contributed by .'
members of the industry.
(3) After such budget and basis of contribution have been j
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the OiS
industry, and to that end, if necessary, to institute legal pro-: -.l:
ceedings therefore in its own name. ...*
(6a) Each member of the industry shall be liable for his or it;
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 Administrat6rs. :i
Failure on the part of a member of the industry to make such con-::
tribution shall be a violation of this Code. Only members of the :;;
industry complying with the Code and contributing to the expenses 3
of its administration as hereinabove provided, shall be entitled to :i'
participate in the selection of members of the Code Authority or to, ki
receive the benefits of any of its voluntary activities, or to make usel"I
of any emblem or insignia of the National Recovery Administratio n:'
(6b) "The Code Authority shall neither incur nor pay any b:b:;;::
nation substantially in excess of the amount thereof as estimated in:::;
its approved budget, and shall in no event, exceed the total amoit ,i
contained in the approved budget, except upon approval of theii ;
Administrator; and no subsequent budget shall contain any defi-:
ciency item for expenditure in excess of prior budget estimates exi';
cept those which the Administrator shall have'so approved."
Approved Code No. 306-Amendment No. 1. ..
Registry No. 1013-13.
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UNIVERSITY OF FLORIDA
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3 1262 08482 9182
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