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UNIVERSITY OF FLORIDA
3 1262 08482 9646111 3 1262 08482 9646 3ndment No. I Registry No. 1037-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY AS APPROVED ON AUGUST 24, 1934 R HEMUEN WE DO OUR PART U. ! UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington. D.C. Price 5 cents This publication Is for sale by the Suipt-riiintiu',Int of Documents, Government Printing Office, W:,l-lilhit(i, D.C., and by district oi-ces of the Bureau of Foreign and Domestic Commerce. DIST ICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlh~ia. Ga.: 504 Post O0lice Iuilding. Birminii-h:;im, Ala.: 257 Federal Buildiag. Boston, Al;. 0. : 1' 01 Customhouse. Liiuft'.,i, N.Y.: Chamber of Commerce Building. -lharlt-nioei, S.C.: Chamber of Commerce Building. C:iih:,g, Ill.: Suite 1706, 201 North Wells Street. Clevehand, Ohio: limberber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: (.Ch'liler of Commerce 3Buililing. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los An-.lh s. Calif.: 11ll( South Broadway. Louisville, Ky.: 408 Federal Builiing. ;t'millhi<, Tenn.: 229 F.i'd-rni Builli: g. Minneapolis, Minn.: 213 Federal Buildiug. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Nior'ulk. Va.: 400 East Plume Street. l'liil:lh.lcidin. Pa.: 422 Commercial Trust Building. Pilt ..l.i *.h. Pa.: Chamber of Commerce Building. P'ortlanil. Oreg.: 215 New Post Office Building. St. Louis, Mo.: 5'fr Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building. Approved Code No. 109-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY As Approved on August 24, 1934 ORDER APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CRUSHED STONE, SAND AND GRAVEL, AND SLAG 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 an amend- ment to a Code of Fair Competition for the Crushed Stone, Sand and Gravel, and Slag Industries, and hearings having been duly held thereon 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 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 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, Admnin.istrator for Iudlustrial Recovery. Approval recommended: C. E. AD.AMS, Division Administrator. WASHINGTON, D.C., August 19344. 82312--1044-114----34 (11 REPORT TO THE PRESIDENT The PRr.'r-nNTr, T'/,, White House. SIR: This is a report on the an-iindrnent to the Code of Fair Competition for the Crwi-hed Stone, Sand and Gravel, and Slag Industries as approved by you November 10, 1933. This amendment was submitted June 20, 1934 by the Code Authority for the Crushed Stone, Sand and Gravel, and Slag Indu.tries, and a public hearing thereon was conducted July 17, 19:31 in Wal-hington, D.C. The National Crushed Stone Association, Inc. The National Sand and Gravel Association, Inc., The National Siag Association, the National Association of Portable Stone, Sand and Gravel Producers, and the Associated General Contractors of America, Inc., either participated in the hearing or join with the Code Authority in sponsoring the amendment. This amendment was proposed pursuant to Executive Order No. (;(;7S dated April 14, 1934 and to my Administrative Order No. X-36, dated May 26, 1934. The amendment has since been revised, with the assent of the Code Authority, in accordance with sugges- tions made by the Legal Division. The primary purpi'se of the amendment is to govern the collec- tion of contributions for Code maintenance by the Code Authority of the Crushed Stone, Sand and Gravel, and Slag Industries, and by various administrative comnmittee.- set up under the Code. This purpose is carried out particularly in Amendioent. No. 8, which will make m' n!-e.:- ..,ry the r.,gi-.tercd producer" ;i c -reatrd in the ap- proved Code. The other nine aimendrmints are iintcndled to eliminate various reIfervI.'ies to "rv.i.-tcred producers" and in other ways to make effective Atnn!dmnwllt No. 8. The Deputy Admniii-trator in his final report to me on said amendment to said Code having found as herein set forth and on the basis of the proceedings in this matter: I find that: (a) The amendment to said Code and the Code as amended are well dec.ignrd to promote the policies and purposes of Title I of the National Industrial Recovery Act including the removal of ob- structions 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 lpurpiise of cooperative action among trade groups by inducing and main- taining united action of labor and management under adequate gov- 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 (2) through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) The Code as amended comiplies in all respects with the per- tinent provi-ion of said Title of said Act, including without limita- tion 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 montipolistic 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 amen(lment. For these reasons, therefore, I have approved this amendment. Respectfully, HUGH S. JOUINSON, A din istrator. AUGUST 24, 1934. AMENDMENT TO CODE OF FAIR COMPETITION FOR CRUSHED STONE, SAND AND GRAVEL, AND SLAG INDUSTRY 'AMENDMENT NO. 1 Article II, Section 5 is amended by striking out subsection (d) thereof. AMENDMENT NO. 2 Article II, Section 9 is amended by striking out the word "regis- tered in the second line thereof. AMENDMENT No. 3 Article VI, Section 4 is nimended by striking out subsection (c) thereof and substituting therefore the following: Voting Eligibility.-Any member of the industries as defined in Article II hereof, or producers in other industries that with the approval of the President. may from time to time be governed by the provisions of this Code, shall be entitled to participate in and share the benefits of the activities of the Code Authority and of other committee established herein and to participate in the selection of members thereof by complying with the requirements of this Code." AMENDMENT NO. 4 Article VI, Section 4 is amended by striking out the word regis- tered in the first line of subsetction (d) thereof. AMENDMENT NO. 5 Article VI, Section 4 is amended by striking out the word regis- tered in the first line of subsection (e) thereof. AMENDMENT NO. 6 Article VI, Section 4 is amended by striking out the word regis- tered in the first line of subsection (f) thereof. AMENDMENT No. 7 Article VI, Section 5, Subsection (a) is amended by substituting a period for the comma following the word collected in the third line of paragraph (5), and striking out the remainder of the paragraph. AMENDMENT No. 8 Article VI, Section 5, Subsection (a) is amended by adding the following thereto: "(11) Budget and Basis of Conir,'butfon.-1. It being found neces- sary in order to support the administration of this Code and to maintain the standards of fair competition established hereiunder and to effectuate the policy of the Act, the Code Authority is authorized: "(a) To incur such rea.-onable obligations as are necessary and proper for the foregoing purpos',s, and to meet sirh 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; (2) itemized budgets of the estimated expenses of regional, state, district and division committees for the foregoing purposes; (3) an equitable basis of contribution upon which the funds neces- sary to support the budget of the Code Authority shall be contributed by all members of the Industries; and (4) equitable bases of contribu- tion upon which the funds necessary to support the budgets of regional, state, district, and division committees may be contributed by all members of the Industries in such regions, states, districts, and divisions, respectively; all such bases of contribution shall be estab- lished by the Code Authority. "(c) After such budget and bases of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industries, and to that, end, if necessary, to institute legal proceedings therefore in its own name. "2. Each member of the Industries shall pay his or its equitable contribution to the expenses of the maintenance of the Code Au- thority and of other committees established under the Code, deter- mined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. Only members of the Industries complying with the Code and contributing to the ex- penses of its administration as hereinabove provided, unless duly exempted from making such contributions, shall be entitled to par- ticipate in the selection of members of the Code Authority and of other committees established under the Code, 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 and any committee established under the Code shall neither incur nor pay any obligation substantially in ex- cess 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 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." AMENDMENT NO. 9 Article VI, Section 5 is amended by striking out the second para- graph of subsection (b) thereof and substituting therefore the following: "The regional committee shall maintain the authoritative list of producers in each region who are complying with all provisions of the Code. The regional committee shall not continue the name of any producer on the list who has failed to pay his equitable contribu- tion as determined by the Code Authority in accordance with the provisions of the Code." AMENDMENT No. 10 Article VI, Section 7 is amended by striking out subsection (b) thereof and substituting therefore the following: "Producers.-Each producer shall be entitled to one vote, except as otherwise provided in this Section; provided any such producer who within one year prior to the effective date has sold and shipped the products of any or all the industries governed by this Code may vote individually and separately as a member of any or all such industries." AMENDMENT No. 11 Article VI, Section 7 is amended by striking out the word "regis- tered as it appears in the sixth, eleventh, fourteenth and in the twenty-ninth lines of subsection (c) thereof, and by adding the fol- lowing as the last sentence of this subsection: "Only those pro- ducers complying with the Code shall be eligible to vote." AMENDMENT NO. 12 Article VI, Section 7 is amended by adding the following as the last sentence of subsection (d) thereof: bOnly those marketers complying with the Code shall be eligible to vote.' AMENDMENT No. 13 Article VI, Section 7 is amended by striking out the word regis- tered in the fifth line of subsection (e) thereof and by adding the following as the last sentence of this subsection: "Only those pro- ducers complying with the Code shall be eligible to vote." AMENDMENT No. 14 Article VI is amended by striking out Section 10. AMTENDMrENT No. 15 Article VII, Section 5 is amended by striking out the word regis- tered as it appears in the fifteenth, twenty-first, and in the twenty-- third lines of subsection (a) thereof. Approved Code No. 10--Amendment No. 1. Registry No. 1037-1-01. O |
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