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Amendments to code of fair competition for the dry color industry as approved on September 14, 1934

Material Information

Title:
Amendments to code of fair competition for the dry color industry as approved on September 14, 1934
Portion of title:
Dry color 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:
5 p. : ; 24 cm.

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Subjects / Keywords:
Pigments industry -- Law and legislation -- United States ( lcsh )
Coloring matter ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

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Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 607-1-01."
General Note:
"Approved Code No. 407--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:
004938368 ( ALEPH )
63654767 ( OCLC )

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Approved Code No. 407-Amendment No. 1 Registry No. 607-1-01


NATIONAL RECOVERY ADMINISTRATION




AMENDMENTS TO

CODE OF FAIR COMPETITION

FOR THE


DRY COLOR INDUSTRY


AS APPROVED ON SEPTEMBER 14, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


r ale by the Superintendent of Documen, Washington, D.CPrie 5en
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 407-Amendment No. 1


Registry No. 607-1-01


























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
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
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Charleston, S.C.: Chamber of Commerce Building.
Chicago, 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 Comther'ce Building.
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S Jacksonville, Fla.: Chamber of Commerce Building.
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Seattle, Wash.t 809 Federal Office BuillT













Approved Code No. 407-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

DRY COLOR INDUSTRY

As Approved on September 14, 1934


ORDER

APPROVING AMENDMENTS OF CODE OF F.IR COMPETITION FOR THE DRY
COLOR 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 amendments
to a Code of Fair Competition for the Dry Color Industry, and
opportunity to be heard having been afforded all interested parties,
and any objections filed having been duly considered, and the an-
nexed report on said amendments, 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 No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendments 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 amendments
be and they are 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.
Approval recommended:
JOSEPH F. BATTLE,
Acting Division Administrator.
WASHINGTON, D.C.,
September 14, 1934.
86019--1181-63-34 to1













REPORT TO THE PRESIDENT


The PRESIDENT,
The WlFitc House.
Sin: This is a report on the proposed amendments to the Code of
Fair Competition for the Dry Color Industry as approved by you
on April 25, 1934. A notice of opportunity to be heard has been
published, giving all interested parties full opportunity to be heard.
This report covers two amendments, the purposes and effects of
which are as follows:
Amendment. No. 1 provides that the Code Authority will be noti-
fied by the impartial agency, to whom asse~sinents are to be paid,
of all failures to pay such assessments in order that suitable action
may be taken by the Code Authority as provided in the Code.
Amendment No. 2 enables the Code Authority to incur such rea-
sonable obligations as are necessary for the administration of the
Code. It requires that the Code Authority submit for the approval
of the Administrator an itemized budget and an equitable basis of
pro-rating the assessments to be collected from the members of the
Industry. Payment. of an equitable contribution to the expenses of
the Code Authority by members of the Industry is made mandatory
by this amendment if their principal line of business is covered by
this Code.
FINDINGS

The Deputy Administrator in his final report to me on said
amendments 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 amendments 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 obstruc-
tions 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 of labor and management uni'er adequate gov-
ernmental 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
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise reh:ibilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-









tat.ion 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 amendments on behalf of the Industry as a whole.
(d) These amendments and the Code as amended are not de-
signed to and will not permit monopolies or monopolis.tic practices.
(e) These amendntents 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
amendments.
For these reasons, these amendments have been approved.
Respectfully,
HUGH S. JOHNSON,
Admin iistrator.
SEPTEMBER 1, 1934.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE DRY COLOR INDUSTRY
AMENDMENT 1. Modify Article VI, Section 4 (a), by adding
thereto the following words: provided, however, that if the impar-
tial agency shall report, that. any member of the Industry has for
sixty (60) days after the date of mailing the notice of the assessment
failed to pay such assessment, the amount of such assessment shall be
made known to the Code Authority for the purpose of taking any
action authorized by Section 4 (e) of Article VI of the Code."
AMENDMENT 2. Delete Section 4 (e) of Article VI and substitute
therefore the following:
"(e) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
"(a) To incur such reasonable obligations as are necessary
alnd proper for the foregoing purposes, and to meet such obli-
gations out of funds which may be raised as hereinafter pro-
vided and which shall be held in trust for the purposes of the
Code;
"(b) To submit to the Administrator for his approval, sub-
ject 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 Dry Color Industry;
"(c) After such budget and basis 9f contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the Dry
Color Industry, and to that end, if necessary, to institute legal
proceedings therefore in its own name.
"2. Each member of the Dry Color 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 regulations pertaining thereto issued by the Adminis-
trator. Only members of the Industry complying with the Code
and contributing to the expenses of its administration as herein-
above provided (unless duly exempted from making such contribu-
tion), shall be entitled to participate in the selection of the Code
Authority or to receive the benefits of any of its voluntary activities







5

or to make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obli-
gation substantially 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 deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved."
Approved Code N'i. 407-Amiendnlutit No. 1.
Registry No. 607-1-01.

0




UNIVERSITY OF FLORIDA
ll ll3 1262 084 ll
3 1262 08584 7399


I '




Full Text

PAGE 1

Approved Code No. 407-Am ~ ndment No. 1 Registry No. 607-1-01 L NATIONAL RECOVERY ADMINISTRATION AMENDMEN ' TS TO CODE OF FAIR COMPETITION FOR THE DRY COLOR INDUSTRY AS APPROVED ON SEPTEMBER 14, 1934 WE DO OUR PART n= , ... \J .. _ __ .. L _ _,__ __ _ '. r-,~ P('-,..TOR'Y U .. v. i..,.;1,...,,.. \ UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale b y the Superintendent of Documents, Washington, D . C. Price 5 cents

PAGE 2

This publication is fo r sale by th Superintendent of Documents, Government Printing Office, Wa sh ington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF TIIE DEPARTMENT OF COMMERCE Atlanta, Ga . : 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, M ass. : 1801 Customhouse. Buffalo, N.Y.: Chamber o f Commerce Building. Charleiston, S.C.: Chamb er of Coir.mercc Building. Chic a go, Ill.: Suite 1706, 201 N o rth W e lls Street. Clevel and, Ohio: Chamber o f C om merc e. Dallas, Tex. : Chamber of Commerce Buildin g . Detroit, Mich.: 801 First National Bank Building. Houst o n, Tex.: Chamber of Commer ' ce Building. Indianapoli s, Ind.: CJ;iamb . ~ r of Commerce Building. Jacksonvill e , Fla.: Chamber of Commerce Building. Kans as City, M:o.: 1028 Baltimore A ve nue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Bui1ding. Memphis, Tenn. : 229 Federal Building. Minne a polis, Minn. : 213 Federal Building. New Orlean s, La.: Room 225-A, Customhouse. New York, N.Y . : 734 Customhouse. Norfolk, Va.: 406 East Plu.ie Street. Philadelphia , Pa. : 422 Commercial Trust Building. Pitt sb urgh, Pa. : C hamber o f Commerce Building. Portland, Oreg. : 215 New Post Offi ce Building. St. Louis, Mo.: 5 06 Olive Street. San Francisco, Calif. : 310 Cu s tomhou s e. Seat t l e , Wash. t 809 F e d e ral Office Build :. .

PAGE 3

Approved Code No. 407-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE DRY COLOR INDUSTRY As Approved on September 14, 1934 ORDER AP P ROVING Al\IENDM:ENTS OF ConE O F FAIR Col\IPETITION FOR THE DRY COLOR 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 Jun e 16 , 1933, for approval of amendments to a Code of Fair Competition for the Dry C olor Industry, and opportunity to be heard having b 0 en afforded all interested partie s, and any objections filed h av in g b ee n duly considered, and the an nexed report on sa id amendments, conta inin g findings with respect thereto , having been made and directed to the Pr esident: NOvV, THEREFORE , on behalf of the Pr esident of the United States, I , Hugh S. John son, Administrator for Indu st rial Recovery, pursuant to authority vested in me by Executive Order s of the Presid e nt, including Ex ec utive Ord er N o . 6543-A, dated December 30, 1933, and otherwise; do hereb y inc orpo rat e, by reference, said annexed report and do find that sa id amendment s and th e Code as constituted after being amended comp l y in all respects with the pertinent provisions and will promote the policy and purposes of said Title of sa id Act , and do hereb y order that said amendments be and they are hereby approved, and that the previous approval o f said Cod.e is hereby modified to include an approval of said Code in its entirety as amended. Approval recommended: JOSEPH F. BA.TTLEY, HuoH S. JOHNSON, Adrnin istrat01 fo r I ndustrial R ec overy. A cting Division Administrator. w A.SHINGTON, D.C., 8epte1nber 14 , 1934. 86019-1181-63-34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, Th e lV hite House . Srn: This is a report on the proposed amendments to the Code of Fair C~mpetition for the pry Color Indu_ s try as approved by you on Apnl 25, 1934. A notrne of opportunity to be heard has been published, giving all interested parties full opportunity to be heard. This report covers two amendments, the purposes and effects of which are as follows : Amendment No. 1 provi les that the Code Authority will be noti fied by t_he impartial agency, to whom_ as sessments are to be paid, of all failures to pay such a ess mcnts in order that s uitable action may be taken by the Code Authority as provided in the Code. Amendment No . 2 enables the Code Auth rity to incur suc h rea sonable obligations as are necessary for th e administration of the Code. It requires that the Code Authority submit for the approva l of the Administrator an itemized budget and an equitable basis of pro-rating the as essments to be collected faom the members of the Indu try. Payment of an equitable contribution to the expenses of the Code Authority by members of the Indu stry is made mandatory by this arnendment if their principal line of busin s is covered by this Code . FI.l~DINGS The Deputy Administrator in his fina l report to me on sa id amendments to sa id Code having f o und as h ere in set forth and on the basis of all the proceedings in this matter : I find that: (a) The amen hn e nts to said Code and the Code as u m ended are well designed to promote the polici es and purpo es of Title I of the N aiional Industrial R ecove ry A t including the removal of ob ~ truc tion s to the fr e flow of interstate and foreign commerce which tenJ t o diminish the amo unt thereof, and will r-,rovide :for the genera l welfare by promoting the organization of industry for the purpose of ooperat i ve a tion of labor and managem ent und er adequate gov ernmental sa nction and s upervision, by eliminating unfair om petitive practices, by promoting the fulle t I os ible uti l ization of the pri:>sent productive cflpacity of industri s, by aYoiding undue r estriction of production ( except as may be temporarily required), by in creas,ing the consumption of industrial an 1 agricultural prod ucts through incr ea5i ng purchasing pow e r, by reducing and reliev ing unemployment, by improving standa rd s of labor, and by othe wi e r ehab ilitatin g industry. (b) The Code as amendecl complies in all respects with the per tin e nt provision of sai l Title of aid Act, incln --:1 ing without limi (2)

PAGE 5

3 t ation subsection (a) of Section 3, subseeion (a) of Section 7 and subsection (b) of S ction 10 thereof. ( c) The Code empowers the Cod e Authority to pre ent the afore said amendments on behalf of the Industry a a whole. ( d) These amen hnents an l th Code as amended are not de signed to and will not permit 1nonopolie or monopoli tic practices. ( e) The se amendnrents and th e Code as amended are not designed to and will no t eliminate or oppre . mall enterpri es and will not operate to discriminate ag~inst them. (f) Tho e engaged in other steps of the economic proce s have not been deprived of the right to be heard prior to approval of said ame:ndments . For these reason these amendment ha-re b e.e n approved. Respectfully, SEP'.rEMllEil 14, 1934. HuoH S. JOHNSON, Administrator.

PAGE 6

AMENDMENT TO CODE OF FAIR COMPETITION FOR . THE DRY COLOR INDUSTRY AMENDMENT 1. Modify Article VI, Section 4 (a), by adding thereto the following words: "provided, however, that if the impartial agency shall report that any member of the Industry has for sixty ( 60) days after the date of mailing the notice of the assessment failed to pay such assessment, the amount of such assessment shall be mad e known to the Code Authority for the purpose of taking any action authorized by Section 4 ( e) of Article VI of the Code." AMENDMENT 2. Delete Section 4 ( e) of Article VI and substitute therefor the following : " ( e) 1. It being found necessary in order to support the adminis tration of this Code and to maintain the standards of fair competi tion established hereunder and to effectuate the policy of the Act~ the Code Authority is authorized: " (a) To incur such reasonable obligations as are necessary ap.d proper for the foregoing purpose,sr. , and to meet such obli ... gations out of funds which may be raised as hereinafter pro vided and which shall be held in trust for the purposes of the Code; "(b) To submit to the Administrator for his approval, sub ject to such notice and opportunity to he heard as he may deem nece ss ary ( 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 Dry Color Industry ; " ( c) After such budget and basis af contribution have been approved by the Administrator, to cretermine and obtain equi table contribution as above set forth by all members of the Dry Color Industry, and to that end, if necessary, to institute legal proceedings therefor in its own p.a . me. "2. Each member of the Dry Color 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 regulations pertaining thereto issued by the Adminis trator. Only members of the Industry complying with the Code and contributing to the expenses of its administration as herein above provided ( unless duly exempted from making such contribu tion), shall be entitled to participate in the selection of the Code Authority or to receive the benefits of any of its voluntary activities (4)

PAGE 7

5 or to make use of any emb l em or in s igni a of the National Recovery Administration. "3 . The Code Authority s hall n eit h er in cur nor pay any obli gation substantially in e xcess of th e amount t h e r eof as estima ted in its approved budget, and shall in no event exceed the total amo unt conta in ed in the approved budg e t , except upon approval of the Admini st r ator; and no s ub seq u ent bu dget shall contai n any deficienc y i tem for e xpenditures in e x cess cd priqr b u dget est im ates exce pt tho se wh i ch th e Admini s trator s h all have so approved ." Approved Code N o . 407-Amendruent N o . 1. R eg i st ry No. 607-1-01. 0 >

PAGE 8

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