Citation
Amendment to code of fair competition for the mica industry as approved on July 31, 1934

Material Information

Title:
Amendment to code of fair competition for the mica industry as approved on July 31, 1934
Portion of title:
Mica industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Mica industry -- Law and legislation -- 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. 1013-13."
General Note:
"Approved Code No. 306--Amendment 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:
005050111 ( ALEPH )
63655008 ( OCLC )

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This item has the following downloads:


Full Text







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This publication is for sale by the Superintendent of Documents, Govrr
Printing Office, Wasdongfor# D-C.,. "d by district dffiew of. the BurV
Foreign and Domestic: Clommerce.
DISTRICT, OMTCES OF TIM DEPARTMENT OF COMMER09
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i;IAMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

S: MICA INDUSTRY

i.'*., As Apprpved on July 31, 1934


.' ORDER

OfG AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
.MICA INDUSTRY
A.: application having been duly made pursuant to and in full
piiance with the provisions of Title I of the National Industrial
very Act, approved June 16, 1933, for the approval of an
atent to a Code of Fair Competition for the Mica Industry,
.OTiTCE OF OPPORTUNITY TO BE HEARD Adminis-
..'.Order'No. 306-5, dated June 11, 1934, having been published
.: no objection having been filed as provided in said published
a..a.nd the annexed report on said amendment containing find-
rittrespect thereto, having been made and directed to the

STHIEREFORE, on behalf of the President of the United
ilhf ugh.S. Johnson, Administrator for Industrial Recovery,
Ut to authority vested in me by Executive Orders of the
Set, .including Executive Order 6543-A, dated December 30,
:and otherwise, do hereby incorporate by reference, said an-
l iort. and do find that said amendment and the Code as
ed. after being amended comply in all respects with the
provisions and will promote the policy and purposes of
iq.t- of said Act, and do hereby order that said amendment
it :hereby approved, and that the previous approval of said
J hereby modified: to include .an approval of said Code in its
S..,s amended, such- approval and such amendment to take
i (10) days from the date hereof, unless good cause to the
a.hwn. to the. Administrator before that time and the
a Mgr uecs a sunbsequeMt order to that effect.
..: :. *.- *. HUGH S. JOHNSON,
ii!: Admskistrator for Industriao Recovery.
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Act, for an Amendment to the Code of Fair Competition for
Mica Industry, submitted 'by th 'Code'A'athority for theft.
Industry.
The existing provision of Article VI, Section 6 of the Code f0 '
the said Industry, is entirely inadequate in view of Executive Otdei.r'
6678 and Administrative Order X-36, and it is therefore evident thi"at:':
the proposed amendment to Article VI of said Code, the provi '::niii
of which follow closely the text of the above mentioned Orders::l
will overcome the existing inadequate provisions. ,
FINDINGS "B "'
The Deputy Administrator in his final report to me on said a.ipe" S
ment to said Code having. found as herein set forth and ~an .ti!
basis of all the proceedings in this matter: :. .
I find that:
(a) The amendment to said Code and the Code as amended "i
well designed to promote the policies and purposes of Title I 'of
National Industrial Recovery Act including the removal of obstiFti
tions to the free flow of interstate and foreign commerce which 4 f.t
to diminish the amount thereof2 and will provide for the genosBi
welfare by promoting the organization of industry for the pu'rpiet
of cooperative action among trade groups by inducing and Mains ai
training united action of labor and management under adequate goAiv
ernmental sanction and supervision, by eliminating unfair cm. peti
tive practices, by promoting the fullest possible utilization 'o tt
present productive capacity of industries, by avoiding undueresti-
tion of production (except as may be temporarily required),
increasing the consumption of industrial and agricultural prodz
through increasing purchasing power, by reducing and relievuitng
employment, by improving standards of labor, and by other
rehabilitating industry.
(b) The Code as amended complies in all respedcs with the
nent provision of said Title of said Act, including without lmit
sub-section (a) of Section 3, sub-section (a) of Section 7 and
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not daeeig
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not desig.i
and will not eliminate or oppress small enterprises and will:':
operate to discriminate against them.
(2)

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S. v uuaH 0. o iU. a*BU ,
Administrator.

:i 31, 1934.













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i JnMl rJ.LLIn I JAa. "M ,lJ.J, 3.&IJ. 1 A AI U1Jf.LIrX XII/iUJ .x, k" .tg.l
THE MICA INDUSTRY ...
.:" ..'"l
Section 6 of Article VI shall be stricken from the Code of EJ F~
Competition for the Mica Industry and the following inserted-:
lieu thereof:
(6) It being found necessary in order to support the administIj
tion of the Code and to maintain the standards of fair comppetitif: i.::
established hereunder -and to effectuate the policy of the Act, th
Code Authority is authorized: ...
(1) To incur such reasonable obligations as are necessary an.::
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided aiz'd!i
which shall be held in trust for the purposes of the Code.
(2) Submit to the Administrator for his approval, subje cit::;i
to such notice and opportunity to be heard as he may deem neces- :l
sary, (a) an itemized budget of the estimated expenses for the:' -I0
foregoing purposes, and (b) an equitable basis upon which th e.::
funds necessary to support such budget shall be contributed by .'
members of the industry.
(3) After such budget and basis of contribution have been j
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the OiS
industry, and to that end, if necessary, to institute legal pro-: -.l:
ceedings therefore in its own name. ...*
(6a) Each member of the industry shall be liable for his or it;
equitable contribution to the expenses of the maintenance of the Code':
Authority, determined as hereinabove provided, and subject to rules." ':;:
and regulations pertaining thereto issued by the Administrat6rs. :i
Failure on the part of a member of the industry to make such con-::
tribution shall be a violation of this Code. Only members of the :;;
industry complying with the Code and contributing to the expenses 3
of its administration as hereinabove provided, shall be entitled to :i'
participate in the selection of members of the Code Authority or to, ki
receive the benefits of any of its voluntary activities, or to make usel"I
of any emblem or insignia of the National Recovery Administratio n:'
(6b) "The Code Authority shall neither incur nor pay any b:b:;;::
nation substantially in excess of the amount thereof as estimated in:::;
its approved budget, and shall in no event, exceed the total amoit ,i
contained in the approved budget, except upon approval of theii ;
Administrator; and no subsequent budget shall contain any defi-:
ciency item for expenditure in excess of prior budget estimates exi';
cept those which the Administrator shall have'so approved."
Approved Code No. 306-Amendment No. 1. ..
Registry No. 1013-13.
(4) ;
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Full Text

PAGE 1

Approved Code No. 306-Arnendrnent No.1 Registry No. 1013-13 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MICA INDUSTRY AS APPROVED ON JULY 31, 1931 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICI!: WASHINGTON: 1934 For sale by the Sup:!rint'!ndent of Documents, Washington, D.C. -Price 5 ceu!Q

PAGE 2

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 Ol';?ICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chkago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Builrl. i ng. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Building. l{ansas City, Mo.: 1028 Baltimore Avenue . Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 OliYe Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Co d e No. 306-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MICA INDUSTRY As .Approv e d on July 31, 1934 ORDER APPROVING AMENDl\1ENT TO CoDE oF FAIR CoMPETITION FOR THE MICA IKDUSTRY 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 Code of Fair Competition for the Mica Industry, and NOTICE OF OPPORTUNITY TO BE HEARD Administrative Order No. 306-5, dated June 11, 1934, having been published and no objection having been filed as provided in said published notice, and the annexed report on said amendment containing find ings with respe c t thereto, having been made and directed to the President. NOW, TI-IEREFORE, 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, elated 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 proYisions 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 is s ues a subsequent order to that effect. HuGH S. JoHNSON, Administ1ator for Industrial Recovery. Approval recommended: C . E . ADA.l\IS, Division Administrato1 . wASHINGTON, D.C . , J ruly 1934. 77100----820-174----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 Recovery Act, for an Amendment to the Code of Competition for the Mica Industry, submitted by the Code Authority for the said Industry. The existing provision of Article VI, Section G 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 VI of said Code, the provisions of which follow closely the text of the above mentioned Orders, will overcome the exi ting inadequate provisions. FINDINGS The Deputy Administrator in his final report to me on said amendment to said Code having found as herein se t forth and on the basis of all the proceedings in this matter : I find that: (a) The amendment to said Code and the Cod e as amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act including the remoYal of obstructions to the free flow of interstate and foreign c ommerce which tend to diminish the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of cooperatrve 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 utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasinO' the "onsumption of industrial and agricultural products through increasin g purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise r ehabilitating industry. (b) The Code as amended complies in all respects with the pertinent pi'ovi s i o n of said Title of said Act, including without limitation s ub-se ction (a) of S ection 3 , sub-s e ction (a) o f Se ction 7 and sub section (b) of Section 10 thereof. (c) The amendment and the Code as amended are not designed to and will n o t permit monop o lie s or monopolistic practices. ( cl) The amendment and the Code a s amended are not designed to and will n o t eliminate or oppres s small enterprises and will not operate to discriminate agains t them. (2)

PAGE 5

3 (e) Those engaged in other steps of the economic proce ss 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. Respectively, JULY 31, 1934. HUGH S. JOHNSON, Administrato1'.

PAGE 6

AMENDMENT T O CODE OF F AIR C O M PETITION FOR THE MICA INDUSTRY Section 6 of Article VI .shall be stricken from the Code of Fair Competition for the Mica Industry and the following inserted in lieu thereof: ( 6) It being found necessary in order to support the administra tion of the Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the Act, the Code Authority i s authorized: ( 1) To incur such reasonab l e 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 tn1st for the purposes of the Code. (2) Submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he may deem neces (a) an itemized budget of the estimated expenses for the foregoing purposes, and (b) an equitable basis upon whi ch th a funds neces sary 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 Admmistrator, to determine and obtain equitable contribution as above set forth by all members of the industry, and to that end, if necessary, to institute lega l proceedings therefor in its own name. ( 6a) Each member of the industry shall be liable for his or its equitable contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. Failure on the part of a member of the industry to make con tribution shall be a violation of this Code. Only members of the industry complying with the Code and contributing to the of its administration as hereinabove provided, shall be entitled to participate in the selection of members of the Code Authority or to re ceive the benefits of any of its voluntary activities, or to make use of any emblem or insignia of the National Recovery Administration. ( 6b) "The Code Authority shall neither incur nor pay any obli gation sub. tantially in excess 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 subsequent budget shall contain any defi ciency item for expenditure in excess of prior budget estimates ex cept those which the Administrator shall have ' so approved." Appro\ecl Code No. 306-Amenc1ment No. 1. Registry No. 1013-13. (4) 0

PAGE 8

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