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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON AUGUST 13, 1934
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Approved Code No. 357-Amendment No. I
Registry No. 1103-09
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Approved Code No. 357-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
INDUSTRIAL FURNACE MANUFACTURING
As Approved on August 13, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
INDUSTRIAL FURNACE MANUFACTURING 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 Industrial Furnace
Manufacturing Industry, 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 Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed 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.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAY,
August 13, 1934.
REPORT TO THE PRESIDENT
The White- House.
SIR: This is a report on an amendment of Section 3 of Article VI
of the appr,,ved Code of Fair Competition for the Industrial Fur-
nace Manufacturing Industry. This Code was approved by me on
March 23, 1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Code Authority for the Industrial Furnace Manufacturing Industry,
in accordance with Section 3 of Article VI of said Code, having
found it ine'essa ry in order to support the administration of this
Code and to maintain standards of fair competition, established
by this Code, and to effctiiuate the policies of the Act, has minde
application for an aili inmenent of said Code in order to provide for
a method of ;.:-.-- eiit and a budget to support the expense of the
administration of thi.-_ Code.
The Deputy Administrator in his final report to me on said amend-
nio'nt to said Code having found as herein set forth and on the basis
of all the prnoewdings in this matter:
I find that:
(a) The ainoriiliment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Induiitrial 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 among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said *Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry 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 said
For these reasons, therefore, I have approved this amendment.
HUGH S. JOHNSON,
AuausT 13, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE INDUSTRIAL FURNACE MANUFACTURING IN-
Pursuant to Article VIII, Section 2 of the Code of Fair Com-
petition for the Industrial Furnace Manufacturing Industry, duly
approved by the President on March 23, 19'34 and further to effec-
tuate the policies of Title I of the National Industrial Recovery
Act, the following modification is established as a part of said
Code of Fair Competition and shall be binding upon every member
of the Industrial Furnace Manufacturing Industry.
Modify Article VI, by deleting Section 3 and substituting in lieu
thereof the following:
SECTION 3. It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition e(-tabli.hed hereunder and to effectuate the policy of
the Act, the Code Authority 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 hereinafter provided and which
shall be held in trust for the purposes of the Code.
"(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
sary (1) an itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the industry.
"(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution 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.
Each member 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 Administrator. Only mem-
bers of the industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, 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.
"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 Admin-
istrator; and no subsequent budget shall contain anv d!.'ii.iy item
for expenditures in excess of prior budget. estimates except those
which the Administrator shall have so approved."
Approved Code No. 357-Amendment No. 1.
Registry No. 1103-09.
UNIVERSITY OF FLORIDA
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