II NATIONAL RECOVERY ADMINISTRATION
ii^. AMENDMENT TO
CODE OF FAIR CO PETITION
:e. FOR THE /
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" AS APPROVED ON AUGUST 28, 1934
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This publicaio isr ale by e Suerintendentments, Governme..
This publication iChaor mabm by the Superintendentof Doemments, Governmeutitdn
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
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";; Approved Code No. 306-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
'ii: 3. i FOR THE
.1 MICA INDUSTRY
As Approved on August 28, 1934
K APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MICA
An application having been duly made pursuant to and in full
compliance with the provisions, of Title I of the National Industrial
eco-veriy Act, approved June 16, 1933, for the approval of an amend-
imeit-to a Code of Fair Competition for the Mica Industry, and
S NOTICE OF OPPORTUNITY TO BE HEARD, Administrative
Order No. 306-5, dated June 11, 1934, having been published and no
'objection 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.
N OW, THEREFORE, on behalf of the President of the United
S 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 pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
i;: hereby approved; and that the previous approval of said Code is
.i reby modified to include an approval of said Code in its entirety
'Was 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.
T : UGHc S. JOHNSON,
Adminristretor for Industrial Recovery.
''f-'A approval recommended:
SC. E. ADAMS,
S" Division AdoSnigtrator
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August 28, 1934.
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REPORT TO THE PRESIDENT
The White House.
SIR: 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
Mica Industry, submitted by the Code Authority for the said
The existing provision of Article VI, Section 6 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 VI of said Code, the pro-
visions of which follow closely the text of the above mentioned
Orders, will overcome the existing inadequate provisions.
The Deputy Administrator in his final report to me on said amend-
ment 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 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 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 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 per-
tinent provision of said Title of said Act, including without limi-
tation 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 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 said
For these reasons, therefore, I have approved this amendment.
, HUGHn S. Jonsuw,
AUGUsr 28, 1934.
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AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MICA INDUSTRY
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Section 6 of Article VI as amended on July 31, 1934, shall be
stricken from the Code of Fair Competition for the Mica Industry -
and the following inserted in lieu thereof:
(6) 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:
(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem nec-
essary (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 industry:
(3) After such budget and basis of contribution have been
approved 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 pro-
ceedings therefore in its own name.
(6a) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, 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 con-
tributing to the expenses of its administration as hereinabove pro-
vided, (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
(6b) The Code Authority shall neither incur nor pay any obli-
gation 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
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates -
except those which the administrator shall have so approved.
Approved Code No. 306-Amendment No. 2.
Registry No. 1013-13.
3 U A.5 94":ii
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