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UNIVERSITY OF FLORIDA
1111l3 1262 08482 9372II
3 1262 08482 9372
iendment No. 1
Registry No. 1003-03
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
ASPHALT AND MASTIC TILE
AS APPROVED ON JULY 20, 1934
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I* :'. .
Approved Code No. 150-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
ASPHALT AND MASTIC TILE INDUSTRY
As Approved on July 20, 1934
APPROVING MODIFICATION OF CODE OF FAIR COMPETITION FOR THE
ASPHALT AND MASTIC TILE INDUSTRY
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 a modifi-
cation to a Code of Fair Competition for the Asphalt and Mastic
Tile Industry, an opportunity to be heard having been duly afforded
all interested parties and the annexed report on said modification,
containing findings with respect thereto, having been made and di-
rected 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 modification and the Code as
constituted after being modified 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 modification
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 modified.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAY,
July 20, 1934.
REPORT TO THE PRESIDENT
The White House.
Sm: Under the Code of Fair Competion for the Asphalt and
Mastic Tile Industry, as approved on December 7, 1983, the Code
Authority has submitted a modification to Article VI, Section 1,
paragraph g, designed to empower the Code Authority to collect
assessments from all members of the Industry to provide for the
expenses of administering the Code. Under this modification, pay-
ment of such assessments will not be mandatory until the Code
Authority has submitted and has had approved by the Adminis-
trator, a budget and plan of assessment. A provision of the modi-
fication forbids the Code Authority from making expenditures in
excess of their approved budget. These provisions replace the for-
mer provisions for supporting the Code Authority through voluntary
The Deputy Administrator in his final report to me on said modifi-
cation 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 modification of said Code and the Code as modified 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest utilization of the present
productive capacity of industries, by avoiding undue restriction 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 rehabilitat-
(b) The Code as modified complies in all respects with the per-
tinent provisions 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 Code empowers the Code Authority to present the afore-
said modification on behalf of the Industry upon approval by a
two-thirds vote of the Industry.
(d) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the Code as modified 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 said
For these reasons, therefore, I have approved this modification.
HCGH S. JOHNSON,
JULY 20, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE ASPHALT AND MASTIC TILE INDUSTRY
Modify Article VI, Section 1, by deleting paragraph (g) and
substituting in lieu thereof the following:
"g. (1) It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
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 may be raised as hereinafter provided and which
shall be held in trust for the purposes of 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) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
c. 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 proceedings therefore in its own name.
"(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, 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 contributing
to the expenses of its administration as hereinabove provided, 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 Recovery Administration.
"(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. 150--Amendment No. 1.
Registry No. 1003--03.
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