Proposed code of fair competition for the national clay mining industry as submitted on September 5, 1933

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Title:
Proposed code of fair competition for the national clay mining industry as submitted on September 5, 1933
Portion of title:
National clay mining industry
Physical Description:
13 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Clay industries -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1303-09."

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650535129
ocn650535129
System ID:
AA00009969:00001


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Full Text


Registry No. 1303-09


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE OF FAIR COMPETITION

FOR THE


NATIONAL CLAY MINING

INDUSTRY

AS SUBMITTED ON SEPTEMBER 5, 1933





R
MEMBER

UNIV. OF FL LIB.
us. UMENTS DEPT

WE DO OUR PART -

U.S. DEPOSITORY





The Code for the National Clay Mining Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933

or ale by the Superintendent of Documents, Washington, D.C.-------- Price 5 cent
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
!'





































SUBMITTED BY

AMERICAN CLAY ASSOCIATION
(II)












CODE OF FAIR COMPETITION FOR THE NATIONAL CLAY
MINING INDUSTRY

STATEMENT

1. Clay is a basic raw material that is produced in rather limited
areas in various sections of the United States. The total amount
sold by producers in 1931 amounted to approximately $10,000,000.
Thus it is evident that the industry does not bulk large as com-
pared to some of the basic industries, but it has sufficient scope to
warrant due consideration for the future welfare of its producers
and their employees.
2. Some of the principal uses of the products of the raw clay in-
dustry are in the manufacture of paper, paint, rubber, ceramics,
abrasives, insulation, adhesives, and numerous miscellaneous products.
3. The clay production is chiefly centered in isolated localities,
usually rural in character. Labor, which is almost entirely unskilled,
is recruited locally from neighboring farms, and at certain times
of the year offers a real problem in shortage of workers. Many clay
mining camps furnish living quarters and other home facilities for
the workmen, to the end that expenses are quite nominal.
4. Overproduction, excess capacity, and the accompanying feature
of extreme price cutting have been common to this industry, along
with many others, and it is imperative that some state of rehabilita-
tion come about by way of realization of cost of production plus a
reasonable profit. This, if the producers are to discharge their
responsibilities under the National Industrial Recovery Act by pro-
viding more jobs to the workers with some semblance of a wage
that will result in a decent standard of living.
5. Foreign competition is an item of serious consequence to many
of the American clay producers, and it is felt that the Federal Gov-
ernment should lend a considerate ear to the proposition of more
ample protection to the home industry if costs are to be increased
via higher wages and shorter hours for the workers.
6. Failure at rehabilitation can only end in final wrecking of the
capital structure of the industry, with resulting hardship to many
workers in various localities.

PROLOGUE

The primary purpose of this Code is to bring about effective
cooperation of the clay industry in compliance with Title I of the
National Industrial Recovery Act. In the proposed rehabilitation
of the clay industry as outlined in this Code, the promotion of
monopolies, or suppression of small industries is not intended. All
recognized producers, regardless of size, are given a voice as to the
9700-33 11







shaping of policies and rules of administration that are so vital to
their future welfare.
It is believed that the adoption of this Code will result in restora-
tion of income within the industry to an extent that will make pos-
sible the payment of fair wages to workers therein, with consequent
increased standard of living to all; and at the same time avoid fur-
ther depletion and destruction of capital assets.
ARTICLE I-DEFINITIONS

SECTION 1. Clay Producer.-As designated in this Code a clay
producer is considered as any recognized organization regularly en-
gaged within the boundaries of the United States in the business of
mining and preparation of clay for sale to the trade in free competi-
tion with other producers. Specifically not included in this defini-
tion is the producer that mines clay for consumption solely in the
manufacture of finished products by the same company. If, how-
ever, the producer sells clay through competitive channels, as raw
material, to others outside of his own company, then he is considered
as a clay producer within the meaning as herein defined.
SEC. 2. Employees.-The term h" employee as used in this Code
shall apply to and include all persons engaged in the mining and
preparation of clays, but shall not embrace repair crews, office or
clerical help, salesmen, or executives, except insofar as it is necessary
to adjust the hours and work of this class in compliance with the
intent of the National Industrial Recovery Act.
ARTICLE II-PARTICIPATION

SECTION 1. Membe'rship.-Participation in this Code and any sub-
sequent revisions or additions to the Code, shall be extended to any
person, partnership, or corporation in the clay producing industry
who accepts his share of the cost and responsibility, as well as the
benefit, of such participation by becoming a member of the American
Clay Association or any affiliated organization.
SEC. 2. DU(e.-.-An initiation or entrance fee of $15.00 shall be
charged to applicants entering individually, and not as a. member of
a divisional group affiliate. In the case of a divisional group where
a definite organization has been effected to embrace the clay pro-
ducer. in a specific area, or type of clay, such a group may affiliate
with the American Clay Association and become active participants
of the Code upon payment of $15.00 for each divisional member.
Yearly membership dues .hall be levied, based upon previous year's
volume of sales as follows:
Class A-Annual Volume of less than $25,000, $25.00 per year.
Class B-Annual Volume of $25,000 to $50,000, $50.00 per year.
Class C-Annual Volume of $50,000 to $75,000, $75.00 per year.
Class D-Annual Volume of $75,000 to $100,000, $100.00 per year.
Class E-Annual Volume of $100,000 to $200,000, $150.00 per year.
Class F-Annual Volume of $200,000 to $300,000, $200.00 per year.
Class G-Annual Volume of $300,000 and over, $250.00 per year.
SEC. 3. Votinr.-On any question of national scope and involving
more than one division that is brought to a vote of members of the







Code, whether in open meeting or by mail, each clay producer shall
have one vote. Any member may vote at a meeting by proxy, if
same be duly executed in writing by the member and filed with the
Executive Secretary.
ARTICLE III-DIVISIONS OF THE INDUSTRY
SECTION 1. Powers.-For the purpose of administration of this
Code the clay industry shall be composed of divisions and and indi-.
vidual firm memberships as shown in Appendix I, which is hereby
constituted a part of this Code. Each such division shall designate
or establish its own administration agency or agencies, and shall be
independent and have full power of self-government in respect to all
conditions and problems relating exclusively to the said division.
Individual firm members who belong to the Association but are
not a member of a divisional group shall be governed, insofar as
application of the Code is concerned, by the tenets of the Association
and shall come under the direct administration of the National
Emergency Committee.
Proposals in respect to matters affecting more than one division
may be initiated by any division or combination of three or more
individual members, and shall be submitted for consideration to the
Emergency National Committee of the clay industry, hereinafter de-
scribed, and its determination shall be binding upon all divisions and
individual firm members.
SEC. 2. Ne-w D'lvslon.s.-Additional divisions of the clay industry
may be established upon application of any duly constituted group,
subject to approval of the Emergency National Committee herein-
after described; such divisions to have due representation on the
Emergency National Committee of the Clay Industry.
SEC. 3. Executive Commrittee.-E)ch division shall set up an
Executive Committee for the purpose of administering the provisions
of the Code, to secure adherence thereto, to hear and adjust com-
plaints, to consider proposals for amendments thereof, and exceptions
thereto, and otherwise to perform within the division the purposes
of the National Industrial Recovery Act as set forth in this Code.
In the case of an individual firm membership, the Executive Com-
mittee for that firm shall be the Emergency National Committee,
hereinafter described.

ARTICLE IV-LABOR CODE

SECTION 1. RgJqhts of Labor.-In accordance with subsection (a)
of Section 7 of the National Industrial Recovery Act the Code for
the clay industry shall be subject to the following conditions:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection;
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union







or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing; and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved, or prescribed by the President.
SEC. 2. Hours of Labor.-Except in the case of executives, those
employed in supervising capacities, technical staffs, watchmen, and
emergency work occasioned by breakdowns and other factors beyond
control, no member of the Code shall cause or permit any employee,
including office and clerical help, to work more than 1,040 hours per
six-month period, or 210 hours per month or 60 hours per week or 10
hours per day.
Since practically all clays are produced in open pits, weather con-
ditions control production. It is therefore necessary that, if em-
ployees are to average anything like 40 hours per week during a
six-month period, they must be allowed the opportunity to work 60
hours per week at times when weather permits.
SEc. 3. Employment of Minors.-No member of the Code shall
knowingly employ in the clay industry any person under 16 years
of age.
SEC. 4. Rates of Pay.-After a study of the differences in living
costs and general economic conditions obtaining in various sections
of the United States, the following schedule of minimum wage rates
for common labor has been established and made a part of this
Code:
Rate per Hour
Kentucky, Tennessee, Missouri-------------------__--__------------- 25
Pennsylvania, Delaware, West Virginia, Virginia, Arkansas---------- .22%
North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida,
Louisiana -----------------------__------------------ .17%
All other States---------------------- __-------- --- ------- .80
The above schedule shall be the minimum rates per hour to be paid
to common labor by members of the Code in their respective divi-
sions (not including apprentices and learners) until such time as the
rates may be changed by amendment to the Code. Such rates of pay
shall not, however, be understood as the maximum that an employer
may pay in any division.
No piecework shall be permitted which will decrease the minimum
hourly wage or increase the number of hours worked per week pro-
vided for in this Code.
The minimum wage for office and clerical help shall not be less
than $14.00 per week in the North, and $13.00 per week in the South.

ARTICLE V-EMERGENCY NATIONAL COMMITTEE

SECTION 1. Representation.-There shall be an Emergency Na-
tional Committee of the clay industry consisting of one representa-
tive for each organized division, selected by said division in accord-
ance with the laws governing that body; one representative at large
for each divisional member, up to a limit of five; one member at large
to be elected by and representing the individual firm members; and
in addition, the President and Executive Secretary of the American
Clay Association. Each member of the Emergency National Com-






mittee shall have one vote, which vote may be cast by written proxy
in case of absence from any meeting of that member.
SEC. 2. Powers..-This Emergency National Committee shall be
the general planning and coordinating agency of the industry. All
members shall be invested with full power from their respective
source to act conclusively in respect to all matters before the com-
mittee for consideration and within its jurisdiction. The committee
shall have powers and duties as provided herein, and in addition
thereto it shall-
(a) from time to time require to be filed with the Executive Sec-
retary of the American Clay Association such reports and informa-
tion from divisions and/or all members thereof, or individual firm
members of the Code, as in its judgment may be necessary to advise
it adequately of the administration and enforcement of the pro-
visions of this Code; the information thus filed with the Secretary
to be strictly confidential and available to him only in original form.
The data shall then be compiled by the Secretary in such fashion as
to be in secret code form before presentation to the National
Emergency Committee;
(b) require, when deemed necessary, that such reports and in-
formation as mentioned above, shall be accompanied by affidavits
certifying as to the accuracy thereof;
(c) upon complaint of interested parties, or upon its own initia-
tive, make such inquiry and investigation, through the Executive
Secretary, into the operation of this Code as may be necessary; and
(d) make rules and regulations necessary for the administration
and enforcement of this Code. The Committee may delegate any of
its authority to the National Control Committee, hereinafter pro-
vided, and may designate such agents as it shall determine; and
(e) designate as a violation of this Code failure of any member to
supply within a reasonable time such reports and information as
mentioned in (a) of Section 2, Article V.
ARTICLE VI-BASIS FOR FAIR SELLING

Subject to a two-thirds majority vote of the membership of a
division, the Divisional Executive Commit'tee may adopt the provi-
sions hereinafter outlined in Article VI in regard to Fair Selling.
SECTION 1. Selling Below, Cost.-No clay producer shall sell his
product below the annual average cost for that type and form of clay
produced in his division or subdivision. In the case of an isolated
individual firm member of the Code that is not a member of a divi-
sion, then his own annual average cost shall be the figure below which
he shall not sell his product.
SEC. 2. Cl7ssifcation of Clays.-For the purpose of determining
the annual average cost, more particularly defined hereinafter, each
divisional Executive Committee shall, where necessary, and within
60 days after acceptance of the Code, create subdivisions within a
division in order to group producers operating under the same
approximate economic forces. Then within the subdivision a classi-
fication of clays shall be made accordingly as the Executive Com-
mittee finds necessary to conform to the dictates of producers
affected. This classification at the discrimination of the Committee







may include several basic types and forms of clays, or the Committee
may decide to confine classification and subsequent cost. determina-
tion to only one clay, the simplest and cheapest form of clay pro-
duced within a division or subdivision, and make the prohibition
against selling below the annual average cost to this one clay only in
that division or subdivision. In any event, the final classification
shall be the basis for application of the average annual cost and
principle of prohibiting sale below that figure. The classification
may be revised at any time by the Executive Committee.
SEC. 3. Uniform Cost Accounting.-The Executive Committee for
each division shall establish a uniform list of cost items for incor-
poration by each clay producer within the division or subdivision in
all calculations of costs that are to be used, as hereinafter provided,
in arriving at the average annual cost within a division or subdivision
for a particular type and form of clay.
SEC. 4. Annual Average Cost.-The Executive Committee of each
division in collaboration with the Executive Secretary of the Amer-
ican Clay Association shall within 90 days after acceptance of this
Code determine from data submitted to the Executive Secretary by
order of the Emergency National Committee, the average annual cost
for the preceding calendar year on clays within the provided classifi-
cations of a division or subdivision. Then for the current calendar
year, this average annual cost shall be the figure below which no pro-
ducer shall sell clay of the specified class.
SEC. 5. Mechanics of Application of the Principle Against Sale
Below Cost.-As soon as the Executive Committee for a division
finishes the classification and subsequent annual average cost deter-
mination (all within 90 days after acceptance of the Code) corre-
sponding to that classification, the producers are to be notified
accordingly and are all thereafter subject to the prohibition against
sale of any clay below the annual average cost figure indicated.
If any producer, after receiving the notification, feels that the an-
nual average cost as applicable to his clay is unfair to his operations,
he shall have a right to request the Executive Committee for a recon-
sideration of the case: meanwhile a stay of application shall be
exacted against the rule of sale pending investigation. If the Execu-
tive Committee rules adversely, then the producer may appeal to the
Emergency National Conmmittee for a review, and the decision of
this body shall he final and binding upon all concerned.
The Emergency National Committee shall have power to make
such exception, to any of the provisions under the foregoing Sections
of Article VI regarding annual average costs and classification of
clays to the extent deemed necessary by them to prevent unfair
operation in exceptional cases.
None of the foregoing provisions of Section 5 shall be applied to
the individual firm member that is not a member of a division. unless
the individual member requests application of the principles in-
volved; in which case the Emergency National Committee shall act
in the same capacity as the Executive Committee acts for a division.
SEC. 6. Uniform ('Cedit Practices.-Each divisional Executive
Committee may establish credit practices, uniform within any divi-
sion or subdivision which shall be binding upon all producers within
that division or subdivision. In the case of individual firm members







not belonging to a division, fair credit practices may be established
by the Emergency National Committee in conjunction with the pro-
ducer affected.

ARTICLE VII-INDUSTRY REGULATIONS

SECTION 1. Marketing Codes.-The Emergency National Commit-
tee and *'or each Divisional Executive Committee may establish a
marketing Code with provisions with respect to:
1. group selling;
2. classification of outlets or purchasers and recognition of stand-
ard and economically justifiable price differentials among them;
3. adoption of uniform grading of products;
4. simplification and standardization of products;
5. cooperative advertising for the industry;
6. collections and interchange of credit information;
7. cooperative administration of insolvent debtors;
8. and/or other aspects of marketing.
SEC. 2. Trade Practice Rules.-The following practices are hereby
declared to be unfair methods of competition within the meaning of
the National Industrial Recovery Act:
1. The payment or allowance of secret rebates, refunds, discounts,
commissions, or other special considerations, whether in the form of
money or otherwise; or secretly extending to certain purchasers spe-
cial services or privileges not extended to all purchasers under like
terms and conditions, as well as the secret allowance of transporta-
tion costs, the giving of extra discounts or dating or special credit
terms which likewise are not extended to all purchasers under like
terms and conditions, and the giving of donations, gifts, or gratuities
of any nature whatsoever.
2. Togive, directly or indirectly, or to permit to be given, or to
offer money or anything of value to agents, employees, or repre-
sentatives of customers or prospective customers as an inducement to
influence their employers or principals to purchase or to contract to
purchase clays from the maker of such a gift or offer, or to influence
such employers or principals to refrain from dealing or contracting
to deal with competitors.
3. The issuance of incorrect or fraudulent invoices or other docu-
ments covering the sale of clays in which the prices, terms, discounts,
allowances, or any other conditions or terms of sale or facts relating
thereto are incorrectly stated. Also the issuance of invoices or other
documents with the understanding that the buyer is to pay a price
or receive any considerations that are different from those shown on
the invoice.
4. To discriminate either directly or indirectly between different
purchasers of the same class either as to the price charged for clays
or as to other conditions of sale; provided that nothing herein con-
tained shall prevent discrimination in price between purchasers of the
same class on account of the difference in grade, quality, or quantity
of clays sold; and provided further that nothing herein contained
shall prevent persons engaged in producing clays from selecting their
own customers in bona fide transactions and not in restraint of trade.
5. No producer governed by this Code shall permit his products to







be handled by a middleman standing between a producer and con-
sumer who violates the provisions of this Code of fair competition.
In addition to the above rules each divisional Executive Committee
shall adopt fair trade practice rules relating to the practices peculiar
to that Division.

ARTICLE VIII-NTIONAL CONTROL COMMITTEE

SECTION 1. The Emergency National Committee of the clay in-
dustry shall appoint from its own membership a National Control
Committee of four members, including the Executive Secretary.
The National Control Committee shall exercise such authority as
may have been delegated to it by the said Emergency National
Committee.
All communications and conferences of the clay industry with the
President or with his agents concerning the approval or amendment
of this Code or of any of its provisions, or any matters relating
thereto, shall be through the said National Control Committee. The
National Control Committee shall serve as an executive agency for
the Emergency National Committee of the clay industry, and shall
be charged with the enforcement of the provisions of this Code.
Any action taken by the National Control Committee shall be
subject to the will of the Emergency National Committee.

ARTICLE IX-GENERAL

SECTION 1. This Code and all provisions thereof are expressly
made subject to the right of the President of the United States in
accordance with the provisions of Clause 10 (b) of the National
Industrial Recovery Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under Title I of
said Act, and specifically to the right of the President to cancel or
modify his approval of this Code.or any conditions imposed by him
upon his approval thereof.
SEC. 2. The Emergency National Committee of the clay industry
and the National Control Committee shall from time to time make
to each Division established or to be established under the provisions
of this Code, or to individual firm members such recommendations,
including amendments of the Code, as in their judgment will aid
the effective administration of this Code or may be necessary to
effectuate within the clay industry or within any division thereof the
purpose of the National Industrial Recovery Act as administered.
SEC. 3. Amendment of this Code may be proposed by any estab-
lished division, or any combination of three individual firm members,
to the Emergency National Committee, or may be initiated by it,
and after approval by two thirds of the members of the Code, and
not disapproved by the President, shall be effective.
SEc. 4. Violation by any Member of the clay industry of any
provisions of this C'ode. or of any approved rule issued thereunder,
is an unfair method of competition.
SEC. 5. This Code and amendments thereto shall be in effect begin-
ning ten days after its approval by the President of the United
States.













APPENDIX I

MAJOR CLAY PRODUCING REGIONS HAVING SIMILAR PROBLEMS

1. New England and New York.
2. Eastern Pennsylvania, New Jersey, Delaware, Maryland.
3. West Virginia, Ohio, Western Pennsylvania.
4. Virginia, North Carolina.
5. South Carolina, Georgia, Alabama, Florida, Mississippi.
6. Kentucky, Tennessee, and Missouri.
7. Indiana, Illinois, Michigan, Wisconsin, Minnesota.
8. Other States West of the Mississippi River and East of the Rocky
Mountains.
9. States West of the Rocky Mountains.
(9)














CONSTITUTION OF THE AMERICAN CLAY ASSOCIATION

ARTICLE I-NAME

The name of this Association shall be known as the American Clay
Association.
ARnTcL II--OBJECTS

SECTION 1. The object of the Association shall be the promotion of more
friendly business relations, mutual confidence, helpfulness, and good will among
its members, and all others interested in the industry.
SEC. 2. Its further purpose shall be to disseminate knowledge pertaining to
the industry and to work for the establishment of a greater efficiency in the
methods and improvement in the practices of the industry.

ARTncL III--M1EMBERSHIP

SECTION 1. Any individual, corporation, firm, or partnership in the business
of producing and selling clay in open and competitive markets as a raw material
used in the manufacture of products of which clay is a part, may upon the
recommendation of the Board of Directors of the Association become a member
upon subscribing to the Constitution and Bylaws and the payment of the
initiation fee and dues for the current year.
SEO. 2. Self-governing regional group societies may affiliate with the Associa-
tion and become a divisional part thereof by subscribing to the Constitution and
Bylaws and paying the initiation fee and dues hereinafter prescribed.
SEo. 3. Each member shall designate which officer of the individual, corpora-
tion, firm, or partnership, or member of the firm. or such other person, shall
represent such individual, corporation, or partnership, at the meetings of this
Association, and such officer of the corporation or member of such firm, or such
other person, shall be privileged to act as the representative of the corporation
or firm so designating him at any meeting of this Association. If representative
is not an officer or member of the corporation or firm he shall be provided by
them with proper credentials.
SEa. 4. Resignation from membership shall be presented in writing, addressed
to the Board of Directors, and forwarded to the Secretary and must be filed at
least thirty (30) days prior to the expiration of the member's annual term.
No resignation shall be considered by the Board of Directors unless his dues and
other obligations have been paid at the time the resignation is filed.

ArBTIoLE IV-OFFICERS AND DIRECTORS

SEOTION 1. Officers of this Association shall consist of President, Vice Presi-
dent, Treasurer, Secretary, and Executive Secretary.
SEC. 2. The Board of Directors shall be the governing body of the Association
and shall consist of members chosen as hereinafter provided.
SEc. 3. One (1) Director shall be elected from each division. One (1) Direc-
tor shall be elected by the miscellaneous individual firm members. In addition
there shall be elected one (1) Director at large for each Director elected by
a division, up to a maximum of five Directors at large; not including the special
director at large to be elected by the miscellaneous individual firm members.
All Directors are to be elected at the annual membership meeting of the Asso-
ciation. Voting for Directorships at the annual membership meeting shall be
by ballot, and any absent member may vote by duly authorized written proxy.
All directors shall hold office for one (1) year, or until their successors have
been duly elected. Any vacancy occurring on the Board shall be filled by vote
of the electorate from which the vacancy occurs.
(10)









SEC. 4. All officers and directors shall serve without cimpensntion, except the
Executive Secretary, the amount of whose compensation shall be fixed by the
Board of Directors.
SEeo. 5. All officers except the Executive Secretary shall be elected by the
Board of Directors from their own number and shall hold office for one year
or until successors have been duly elected.
SEe. 6. The management of the Association shall be vested in the Board of
Directors. The Board of Directors may vest the active management in an
Executive Committee of such size and chosen in such a manner as the Board
of Directors may decide.
ARTICLE V-MEETINGS

SECTION 1. The Annual Meeting of the Association shall be held at such date
and place as the Board of Directors shall name. Due notice of such meeting
shall be sent by mail to each member at his last known address by the Secretary
at least ten days in advance.
SEC. 2. In addition to the Annual Meeting, the Association shall hold further
meetings at such time and place as may be designated by the previous meeting
of the Association or by the President and the Board of Directors in the
absence of such specific instructions.

ARaTCLE VI-QuoRUM

At all meetings of the Association a majority of the members there present
in person or by written proxy shall be necessary to constitute a quorum.

ARTI cn VII-AMENDMENT~

Any addition, alteration, or amendment to the Constitution shall be presented
in writing at the regular meeting of the Association and may be adopted by a
two thirds vote of all the members present at such meeting, provided notice
in writing giving full text of any proposed amendment shall have been mailed
to each member at least thirty days prior to the date of the meeting.













BYLAWS OF THE AMERICAN CLAY ASSOCIATION


ARTICLE I-DUTIES OF OFFICERS AND DIRECTORS

SECTION 1. The President shall preside at all meetings and shall assume the
general supervision of the affairs of the Association under the direction of the
Board of Directors.
SEO. 2. The Vice President shall perform all the duties of the President in
case of the absence of the latter.
SEO. 3. The Treasurer shall keep a correct account of funds received for and
on behalf of the Association and shall deposit same in such depository as the
Board of Directors may designate, and at each meeting he shall submit detailed
statement of receipts and expenditures. The Treasurer shall pay all bills for
which the Association may become obligated as determined by the Board of
Directors.
Smo. 4. The Secretary shall keep the minutes of the meetings of the Board
of Directors and the minutes of all the meetings of the members of the Asso-
ciation in a book provided for the purpose; he shall also maintain a roll of
membership, and in addition perform such other duties as may fall to his lot
as a Secretary.
SEo. 5. The Executive Secretary shall have active charge of the affairs of
the Association under the direction of the Board of Directors. He shall perform
such duties as may be outlined by the said Board.
SEC. 6. The Board of Directors shall meet at the call of the President, and
may adopt such rules and regulations for its government as will promote the
interest of the Association without conflicting with the Constitution and Bylaws
thereof. The Annual Meeting of the Board of D:rectors shall be held immedi-
ately following the Annual Meeting of the Association; and at this meeting
the officers for the ensuing year shall be elected from the Board membership.
SEC. 7. A majority of the Board of Directors when present shall constitute
a quorum, but if less than a quorum is present at such meeting then adjourn-
ment may be ordered for such future date as shall be designated.
SEC. 8. The Board of Directors shall pass upon applications for membership,
and all such proposals for membership shall be presented to the Board of
Directors before action is taken. A majority of votes shall constitute an
election.
ARTICLE II-ORDER OF BUSINESS

The order of business for meetings of the Association and Board of Directors
shall be,
1. Reading the minutes of the last meeting.
2. Reports of standing committees.
3. Reports of special committees.
4. Reports of officers.
5. Report of Board of Directors.
6. Election of officers.
7. Election of new members.
8. Unfinished business.
9. New business.
10. Adjournment.

ARTICLE III--FFs AND DUES

The iniation fee shall be $15.00 for each firm member, whether member-
ship is through divisional affiliation, or direct election. The annual dues of all
members, whether individual or divisional, shall be levied, based upon the pre-
vious year's volume of sales, as follows:
Class A-Annual Volume of less than $25,000, $25.00 per year.
Class B-Annual Volume of $25,000 to $50,000, $50.00 per year.
(12)





13

Class C-Annual Volume of $50,000 to $75,000, $75.00 per year.
Class D-Annual Volume of $75,000 to $100,000, $100.00 per year.
Class E-Annual Volume of $100,000 to $200,000, $150.00 per year.
Class F-Annual Volume of $200,000 to $300,000( $200.00 per year.
Class G-Annual Volume of $300,000 and over, $250.00 per year.
Dues shall be payable quarterly.
ARTICLE IV-AMENDMENTS
Amendments to the Bylaws may be made at any regular or special meet-
ing of the Association. Due notice of such amendment and reasons thereof shall
be given by mail in writing to all members of the Association at his last known
address at least ten days in advance of the meeting at which the amendment
is to be voted upon, and the amendment to be adopted must receive a majority
vote of all members present in person or by written proxy.

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