u^ Approved Code No. 407 — Amend merit 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 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents 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. Boston, Mass. : 1S01 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, 111.: Suite 1T0G, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. 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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 Fair 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. Battley, Acting Division Administrator. Washington, D.C., September U, 1934. 86019° 1181-63 34 (1) REPORT TO THE PRESIDENT The President, The White House. Sir : 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 assessments 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 under 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 rehabilitating industry. (b) The Code as amended complies in all respects with the per- tinent provisions of said Title of said Act, including without limi- (2) tation 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 monopolistic practices. (e) These amendments 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, Administrator. September 14, 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 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 and proper for the foregoing purpose*., 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 of 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 therefor 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 (4) 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 No. 407 — Amendment No. 1. Registry No. 607-1-01. O UNIVERSITY OF FLORIDA 3 1262 08584 7399