ed Code No. 59-Amendment No. 1
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
:.MARKING DEVICES INDUSTRY
AS APPROVED ON JUNE 21, 1934
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Approved Code No. 59-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
MARKING DEVICES INDUSTRY
As Approved on June 21, 1934
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MARKING
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 a Code of Fair Competition for the Marking Devices Indus-
try, and as contained in a Published Notice of Opportunity to File
Objections, Administrative Order No. 59-5, dated May 23, 1934, and
no objections 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.,
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 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 con-
stituted after being amended comply in all respects with the perti-
nent 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 amended 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.
BARTON W. MURRAY,
Acting Division. Administrator.
June 21, 1934.
69347 -657-128-34 11
REPORT TO THE PRESIDENT
The Whitle House.
Sin: 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 (ode of Fair Competition for the
Marking Devices Manufacturing Industry, submitted by the Code
Authority for the said Industry.
The existing provision of Article VI, Section 5 of the Code for
said Industry, is entirely inadequate in view of Executive Order
C678 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
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 among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of the industries, by
avoiding undue restrictions of production (except as may be tempo-
rarily 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 rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation 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 said
For these reasons, therefore, I have approved this amendment.
HuGH S. JOHNSON,
.JUNE 21, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE MARKING DEVICES INDUSTRY
Pursuant to Article X of the Code of Fair Competition for the
Marking Devices Industry, duly approved by the President on Oc-
tober 20, 1933, and further to effectuate the policies of Title I of
the National Industrial Recovery Act, the following modification is
established as a part of said Code of Fair Competition and shall
be binding upon every member of the Marking Devices Industry.
Modify Article VI by deleting Section 5 and substituting in lieu
thereof the following:
5. 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, subject to the approval of the Admin-
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 purposeof 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) and equitable basis upon which the funds neces-
sary to support such budget shall be contributed by all members of
c. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribu-
tion as above set forth by all such members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name. Each member of the Industry shall pay his or its
equitable contribution to the expenses of the maintenance of the Code
Authority as hereinabove provided, and subject to rules and regu-
lations 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 shall be entitled to participate in the selection of the members
of the Code Authority or to receive the benefit of its voluntary activ-
ities or to make use of any emblem or insignia of the National
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 expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 59-Amendment No. 1.
Registry No. 1399-04.
UNIVERSITY OF FLORIDA
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