Citation
Amendment to code of fair competition for the feldspar industry as approved on August 24, 1934

Material Information

Title:
Amendment to code of fair competition for the feldspar industry as approved on August 24, 1934
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
4 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Feldspar industry -- Law and legislation ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
"1012-1-02, Code no.206, Amend. no.1"

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004849875 ( ALEPH )
63654991 ( OCLC )

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UNIVERSITY OF FLORIDA


3 1262 08482 9349


endment No. 1


Registry No. 1012-1-02


NATIONAL RECOVERY ADMINISTRATION


AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


FELDSPAR INDUSTRY


AS APPROVED ON AUGUST 24, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


e inenden of Documents Wa nton D. Price cents
Var s ae lk the Saperintendent of Documents, Washington, D.C. Price 6 conta


I .

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Approved Code No. 206-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

FELDSPAR INDUSTRY

As Approved on August 24, 1934


ORDER

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
FELDSPAR 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 the approval of an amend-
ment to a Code of Fair Competition for the Feldspar Industry, and
NOTICE OF OPPORTUNITY TO BE HEARD, Administrative
Order 206-5, dated June 26, 1934, having been published and no ob-
jection having been filed as provided in said published notice, 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 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 provi-
sions 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,
Administrator for Industrial Recovery.
Approval recommended:
C. E. ADAMS,
Divisional Administrator.
WASHINGTON, D.C.,
August 24, 1934.
82313-1044.-115---34 (1\












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIm: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Feldspar Industry, submitted by the Code Authority for the said
Industry.
The existing provision of Article V, Section 5 (d) of the Code
for the said Industry, is entirely inadequate in view of Executive
Order 6678 and Administrative Order X-36, and it is therefore
evident that the proposed amendment to Article V of said Code,
the provisions of which follow closely the text of the above men-
tioned Orders, will overcome the existing inadequate provisions.
FINDINGS

The Deputy Administrator in his final report to-me on said
amendment 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 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 among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction 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
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision 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 monopolistic practices.
(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.






3

(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
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
HUGH S. JOHNSON,
A dninistrator.
AUGUST 24, 1934.












AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
FELDSPAR INDUSTRY

Section 5 (e) of Article V shall be designated as Section 5 (g)
and Section 5 (d) of Article V shall be stricken from the Code of
Fair Competition for the Feldspar Industry and the following in-
serted in lieu thereof:
(d) It being found necessary in order to support the administra-
tion of this code and to maintain the standards of fair competition
established 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;
(a) 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
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.
(e) 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.
(f) The Code Authority shall neither incur nor pay any obliga-
tion 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 any deficiency item
for expenditures in excess of prior budget estimate except those
which the Administrator shall have so approved.
Approved Code No. 206-Amendment No. 1.
Registry No. 1012-1-02.
(4)




Full Text

PAGE 1

1111111111ll1l1l~[1~1\11'1ill11[~11ll1 \1ll ~1' ~Iii 111111111 3 1262 08482 9349 endment No. 1 Registry No. 1012-1-02 N ATIONAL R E C OVER Y ADMINIS T RATION AMENDME N T TO CODE OF FAIR COMPETITION FOR THE I FELDSPAR INDUSTRY AS APPROVED ON AUG UST 24, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1 934 For sale b y the S uperintendent o f Documents, Washington, D.C. • • • • • • • • Prke 6 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Hoston, l\fass. : 1801 Customllouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells ~treet. Clevelanu, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jaeksomille, Fla.: Chamber of Commerce Building. Kansas City, l\Io.: 1028 Baltimore A venue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Ff'deral Building. l\Iemphis, Tenn. : 229 Federal Building. 1\linn enpo lis, l\Iinn.: 213 Federal Building. N e w Orleans, La.: Room 225-A, Customhouse. New York. N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Pl1iladelphin, Pa.: 4~2 Comm ercial Trust Building. PHtsburgb. Pa.: Cbamher of Commerce Building. Porthn d , Or eg.: 215 New Post Office Building. St. Louis, Mo.: 506 Oli,'e Street. San Francisco, Calif.: 310 Cus tomhouse. Seattle , Wash.: 809 Federal Office Building.

PAGE 3

Approved Cod e No. 206-Arnendrnent No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE FELDSPAR INDUSTRY As Approved on August 24, 1934 ORDER APPROVING AMENDMENT TO ConE OF FAIR CoMPETITION FOR THE FELDSPAR 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 the approval of an amendment to a Co cle of Fair Competition for the Fel ds par Industry, and NOTICE OF OPPORTUNITY TO BE HEARD, Administrative Orde r 206-5, d a t e d June 26, 1934 having be e n publishe d and no ob j e ction having been filed as provided in s aid publish ed notice, and the annexed report on said amendment containing findings with respect there to , having been m ade and directe d to the President. NO\V , THEREFORE, on b ehalf of the President of the United States, I , Hug h S. Johns on , Administrator for Industrial R e covery, pursuant to authority ve s t e d in m e by Executive Orders of the Pres i dent, includi n g E xec utive Orde r 65 43-A, dated D ecem b e r 3 0 , 1933, and otherw i se, do h e r e b y incorporate b y r efere n ce, sai d annexe d r eport and do find tha t sa i d am endment and the C ode as con stitute d afte r b e in g a m en d ed comp l y in all respect s w i t h t he pertinent p r ov i si o n s and w i ll p romote the poli cy a n d purposes of sai d Title of said Ac t , and do h ereby o r de r that said ame n dmen t be and it i s hereby approved, and tha t t he p r ev i o u s a pproval of sa i d C ode i s h e r eb y mod ifi ed to i nclude a n approval of said Code i n its entire t y as amended, suc h approval and such amendment to t a k e effect te n (10) d ays from the date hereof, unless good cause to t h e contrary i s s how n to the Admi n istrator be:for43 that time and the Administrator i ssu e s a subsequent order to that effect . Approval recommended : c. E . ADAMS, HUGH S . JOHNSON, Ad11iinistrato1 for l nditStria2 R e cov ery . Divisional Administrator. ,v .ASHINGTON, D. C . , August 24, 1934. 82313-1044-1 15 .-34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White House. Sm: An application has been duly made pursuant to and in full compliance with the provisions of the National Industrial Re c overy Act, for an Amendment to the Code of Fair Competition for the Feldspar Industry, submitted by the Code Authority for the said Industry. The existing provision of Article V, Section 5 ( d) of the Code for the said Industry, is entirely inadequate in view of Executive Order 6678 and Administrative Order X-36, and it is therefore evident that the pro~osed amendment to Article V of said Code, the provisions of which follow closely the text of the above men tioned Orders, will overcome the existing inadequate provisions. FINDINGS The Deputy Administrator in his final report to me on said amendment 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 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 among trade gToups, by inducing and maintaining united action of labor and management under adequate governmental sanctio n and supervisio n, by eliminating unfair com petitive practices, by promoting the fullest possible utilization of the present productive capacity of industri es, by avoiding undue re striction of production ( except as may be temporarily r equired), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving un employment1 by improving standards of l abor, and by otherwise reha bili ta tin_g industry. (b) The Code as amende d complies in a ll respects with the pertinent provision of said Title of said Act, including without limitation sub-section (a) of Section 3 , sub-section (a) of Section '7 and sub-sect i on (b) of Section 10 thereof. ( c) The amendment and the Code as amended are not designed to and will not permit monopoli es or monopolistic practices. (d) The amendment and the Code as amended are not designed to and w ill not eliminate or oppress small enterprises and will not oper ate to discriminate against them. (2)

PAGE 5

3 ( e) Those engaged in other steps o:f the economic process have not been deprived o:f the right to be heard prior to approval of said amendment. For these reasons, therefore, I have approved this amendment. Respectfully, AUGUST 24, 1934. HUGH s. JOHNSON' Administrator.

PAGE 6

Al\1ENDMENT TO CODE OF FAIR COMPETITION FOR THE FELDSPAR INDUSTRY Section 5 ( e) of Article V shall be designated as Section 5 (g) and Section 5 ( d) of Article V shall be stricken from the Code of Fair Competition for the Feldspar Industry and the following inserted in lieu thereof: ( d) It being found necessary in order to support the administration of this~ code and to maintain the standards of fair competition established 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 ohligations out of funds which may be raised as hereinafter provided and which shall be held in trust for the purposes of the Code; (a) To submit to the Adnun1strator 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 industry; . (3) After such budget and basis of contribution have been approved by the Adn1inistrator, 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 therefor in its own name. (e) E ac h member of the industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and r egulations 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. (f) The Code Authority shall neither incur nor pay any obliga tion substantially in excess of the amount ther~of 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 subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimate except those which the Administrator shall have so approved. Approved Code No. 206-.A.mendment No. 1. Registry No. 1012-1-02. (4) 0