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UNIVERSITY OF FLORIDA
3II IIIII I II 126 11121 085Ill
3 1262 08482 9455
mndment No. 2
Registry No. 1033-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CHINAWARE AND PORCELAIN
AS APPROVED ON OCTOBER 19, 1934
WE DO OUR PART
L_ .. "
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Approved Code No. 126---Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
CHINAWARE AND PORCELAIN MANUFACTURING
As Approved on October 19, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR TIIE
CHINAWARE AND PORCELAIN MANUFACTU ING 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 amienldmlent
to the Code of Fair Competition for the Chinaware and Porcelain
Manufacturing Industry, and as contained in a Published Notice of
Opportunity to be Heard, Administrative Order No. 126-12, dated
September 17, 1934, and no objections having been filed on said
Published Notice, and the annexed report on said amendment, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise; does hereby incorporate,
by reference, said annexed report and does find that said amendment
and the Code as constituted after being amllenied comply in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does 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, except that part of Section
3 of Article VI of said Code, which is as follows:
" provided that any person applying for such membership shall, in
addition to the payment of such dues as are imposed and paid by
all other members, accept a reasonable and equitable share of the
cost of Code development and administration. Such memberr, of
the industry who do not choose to become members of any trade
association or organized group may participate in ihe activities
of the Code Authority, as herein provided, by 1pying to the Code
Authority such proportionate part of the cost of Code development
and administration as the Code Authority, subject to the Adminis-
trator's approval, shall prescribe as fair and equitable ",
92443 -1244-75--34 (1)
is deleted inasmuch as it conflicts with the provisions of this amend-
ment, 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 National Industrial Recovery Board before that time
and the National Industrial Recovery Board issues a subsequent
order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCI, Administrative Officer.
W. P. ELLIS,
WASHINGTON, D. C.,
October 19, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: An Opportunity to be Heard on an Amendment to the Code
of Fair Competition for the Chinaware and Porcelain Manufactur-
ing Industry submitted by the Code Authority for that Industry, in
accordance with the provisions of the National Industrial Recovery
Act, has been afforded to all interested parties and no objections have
been received to date.
The Amendment provides for the mandatory assessment for the
expenses of the Code Authority and the limitation of liability of
members of the Code Authority.
The Deputy Administrator in his final report to us on said Amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
We find that:
(a) That 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 of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible 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 prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabili t ting industry.
(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 -nmall 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, we have approved this amendment.
For the National Industrial Recovery Board:
G. A. LYNCH,
A hin ;iostratie Offcer.
OCTOBER 19, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CHINAWARE AND PORCELAIN MANUFACTURING IN-
Amend Article VI by adding a new Section 5.
SECTION 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner to
anyone for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under this
Code, except for his own wilful malfeasance or non-feasance.
Amend Article VI by adding a new Section 6.
SECTION 6. 1. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition estfiblishled 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 National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
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 industry;
(c) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, 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 memib1:.r of the industry 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 National Indus.trial Recovery
Board. Only members of the industry complying with the code and
contributing 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 Nationial 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 con-
tained in the approved budget, except upon approval of the National
Industrial Recovery Board; and no subsequent budget shall contain
any deficiency item for expenditures in excess of prior budget esti-
mates except those which the National Industrial Recovery Board
shall have so approved.
Approved Code No. 126-Amendment No. 2.
Registry No. 1033-1-01.
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