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Approved Code No. 9----Aendment No. 16
Registry No. 313--1-06
NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAbIR COMPETITION
LUMIBER AND TIMBER
AS APPROVED ON JULY 27, 1934
GOVERNMENT PRINTING OFFICE
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Approved Code No. 9--mendment No. 16
AIMEND~~)MENT;'I TO CODE OFi FAIR COMVP]ET'ITION
LUMVBIER A9ND 1T~[IMBEIR P]ROD)UCTIS INIDUCSITRY
~As Approved on July 27, 1934.
APrrovrwo AMrENDMrENT OF CODE O1F FAIR COMlP~ETITION FOR THI-E
LUMBER AND TIMBER PRODUCTS INDUSTRY
An application having been duly made pursuant to aend and in
full compliance with provisions of Title I of the National Industrial
~Recovery AZct, approved June16 1933, for approval of an amend-
ment to thre Coe of Fiair Competition for the Lumber and TPimber
Products Industries, and an opportunity to file objections thereto
having been given, and the annexedl report on said amendment, con-
taining ~findings with. respect thereto, having been made and directed
to th President:
NOW, TH[EREFORE, On behalf of the President of the United
States, I, Hugh. S. Johnson, ACdministrator for Industrial Recovery,
pursuant to authority vested in me b~y Executive Orders of the
President, including Executive Order Number 6543-A-5, dated De-
cemberr 30, 1933, and otherwise, do hnereb~y incorporate by reference,
said annexred report and do find that said amendment and the Code
as constituted, after being amended, comply in all respects with thie
pertinent provisions and will promote the policy and purposes of
said TPitle of said AIct, 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, as amended.
]HUGH S. Jonkson,
Admlin~isfrator forT lIilustrial Recovery.
Approval recommended :
BanToN WY. lMURRAYr,
Division A dnl;nitstrator.
Ju~ly 927, 1934~.
REPORT TO TH3E PRESIDENT
ThLe WCthite Howse.
SmR: UInder the Code of Fair Competition for the Lumber and
Timber Products Inldustries, as approved by you on August 19, 1933,
the L~umber Code Authority has submitted its Amendment No. 70
which is included and attached.
Notice of Opportunity to File Objections to the Amend-ment was
published on MaIy 16, 1934, allowing a fifteen (15) day period in
which interested parties might file their objections. I am informed
by the Deputy Administrator that no objections were filed with him
either during or subsequent to the period above mentioned.
TIhe Amendment is in accordance with. model code provisions for
mandatory contributions and authorizes the Lumber Code Authority
to conduct investigations and make reports to the Administrator, to
incur reasonable obligations for administration of the Code and
maintenance of the standards of fair competition established by the
Code and to collect fees on an equitable basis of contribution for
the support of the Lumber Code Authority.
The Deputy Aidministrator 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 Reco~very A1Cct 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 of labor and management under adequate g~ov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion 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 un-
employment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respeccts with the perti-
nent provisions of said TPitle of said Act, including without limita-
tion subsection (a.) of Section 3, subsection (a) of Section. 7 and sub-
section (b) of Section 10 thereof.
(c) Tlhe Code empowers the Code Authority to present the afore-
said Amnendment. on behalf of the industry as a whole.
(d) The Amendment and the Code as amended are not designed
to and will not permit mnonopolies or monopolistic practices.
(e) The Amendlment and the Code as am~ndled~ are not d~esigrnedl to
and will not eliminate or oppress small enterprises anId will not
operate to discrimirnate against. them.
(f) Those ezngaged in other steps of the ecc-nom~ic~ prceFss hnave not
be~en depriv-ed of the right t~o be heard prior to approval of said
For these reasons, therefore, I hlave app~lorove this Am~-endmenmt to
Honcr S. Jou~Nsonu,
dAmin i~st notor~.
~J=CFL 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FiOR TH-IE
LUMBER AND TPIM4BER PRODUCTS INDUSTRY
Amendment No. 70: Amend Aitrticle IV by substituting a period
for the comma after the words as the Authority may require ', and
by striking therefrom the following:
" and each person subject to the jurisdiction of this Code and ae-
cepting the benefits of the acti-vities of the Authority hereunder
shall pay to the Authority his proportionate share of the amounts
necessary to pay the cost of assembly, analysis and publication of
such reports and data, and of the maintenance of the said Authority
and its activities. Said proportionate share shall be based upon
value of sales or footage of production, as the Authority may pre-
scribe for each Division or Subdivision. TIhe Authority may con-
duct such investigations as are necessary to discharge its duties here-
Designate the first paragraph of _Article IV as Section (a)" and
add to Section (a) the following sentence:
" To the extent permitted by the National Industrial Recovery Act
and subject to such rules and regulations as may be prescribed by the
Administrator, the _Authority mlay conduct such investigations as
may be necessary to discharge its duties under the Code."
Add the following as Sections (b) andl (c) :
(b) lIt being found necessary, in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established by this Code and to effectuate the policy of the Act,
the Code Authorityr 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 hnereinafter provided and which
shall be held in trust for the purposes of the Code;
(2) To submit to the Adm~inistrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary--
(a) an itemized budget of its estimated expenses for the fore-
gomng purposes, and
(b) an equitable basis upon which the funds necessary to
support such budget shall be contributed by members of the
Industry, said basis to include the provision that Code fees may
be assessed upon the value of sales, the footage of shipments,
t~he footnrae of prroducrtion the footagbre of lumber and timber
products consumed, or upon any other equitable manner which
may be submitted by the Code Authority and approved by the
(3) After budget and basis of contribution have been approved by
the Administrator, to determine and secure equitable contribution
as above set forth by all such members of th~e Industry, anrd to that
end, if necessary, to institute legal proceedings therefore in its own
(c) ~Each member of the industry shall pay' his or its equitablle
contribution t~o the expenses of the maintenance of the Code. Author-
ity, determined as h~ereinabove provided, and subject to rules and
regulations pertaining thiereto issued by the Admininstrator. Only
members of thte industry complying with the Code and contributing~
to the expenses of its administration as hereinabove provided, unle-s
duly exempted from making such~ contributions, shall1 be entitled to
participate in the selection of members of the Code Authority or
of any division or Subdivision Agency, or to rec~eive~ the benefits of
any ofits vlolunltarly activities or to make use of any emblemn or
insignia of the National Rcovery Admin istria tion.
(d)l The Code Authority sha~llneither incur nor pay any obliga-
tion in excess of the! amount thereof as estimated in its approved
budget, except upon approval of the Adminis'tratlo r ; and no subse-
quent budget shall contain any deficiency iteml for expecnd~itures in
excess of prior budget estiniates except those which the Adm~inis-
trator shall have so approved.
Approvedl Code No. 9--Amendment No. 16.
Regist ry No. 313--1--06i.
UNIVERSITY OF FLORIDA
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