NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JULY 14, 1934
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Approved Code No. 163-Amendment No. 1
Registry No. 1404-3-14
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Approved Code No. 163-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
WHOLESALE AUTOMOTIVE TRADE
As Approved on July 14, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
WHOLESALE AUTOMOTIVE TRADE
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 Wholesale Automotive
Trade, and as contained in a Published Notice of Opportunity to be
heard, Administrative Order No. 163-6, dated June 22, 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 No. 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 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 modified to include an approval of said Code in its entirety
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
C. E. ADAMS,
July 14, 1934.
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
Wholesale Automotive Trade, submitted by the Code Authority for
the Wholesale Automotive Trade.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Trade.
The Deputy Administrator in his final report to me on said
amendment 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 dimish the amount thereof, and will provide for the general wel-
fare 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 govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
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 unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the trade as a whole.
(d) The Amendment 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 approval of
For these reasons, therefore, I have approved this Amendment.
HUGH S. JOHNsoN,
JuLY 14, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WHOLESALE AUTOMOTIVE TRADE
The following shall be substituted for Section H of Article VIII:
1. It being found necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintain
the standards of fair competition established hereunder, 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 shall be held in trust for the purposes of the Code
and raised as hereinafter provided.
(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 fore-
going purposes, and
(2) An equitable basis upon which the funds necessary to sup-
port such Budget shall be contributed by all Members of the Trade
entitled to the benefits accruing from the maintenance of such
standards, and the Administration thereof.
(c) After such Budget and basis of assessment have been ap-
proved by the Administrator, to determine and collect equitable
assessments as above set forth and to that end, if necessary, institute
legal proceedings therefore in its own name.
2. Each Member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only
members of the trade complying with the Code and contributing
to the expenses of its administration as hereinabove provided, 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 Recovery
3. The Code Authority shall neither incur nor pay any obligation
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 de-
ficiency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 163-Amendment No. 1.
Registry No. 1404-3-14.
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