II IIIIIIII~W~~~~~~~[l~l~~~~~~~~~~~~~~~~ '=ndm=ent N=o. l==Re=gistry=No.====103=7 1===:-01

1 

I NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COl'iiPETITION 

FOR THE 

CRUSHED STONE, SAND AND 

GRAVEL, AND SLAG 

INDUSTRY 

AS APPROVED ON AUGUST 24, 1934 

'WE DO OUR PAR'f 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by th~ Superintendent of Documents, Washington, D.C. - - - • • - • • Price 5 cent11 
This publication Is for s a le by the Superintendent of Documents, Government 

Printing Office, Wnshingto11, D.C., an(\ by district offices of the Bureau of 

l<"'oreign and Domt:stic Commerce. 

m:STRIC'i' OFFICES OF TilE DEPARTMENT OF COMMERCE 

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Cbarlel3ton, S.C.: Chamber of Commerce Building. 

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San Francisco, Cnlif.: 310 Cu torn house. 

Seattle, Wash. : 809 Federal Office Building. 
Approved Code No. 109-Amendment No.1 

AlVIENDlVIENT TO CODE OF FAIR COlVIPETITION 

FOR THE 

CRUSHED STONE, SAND AND GRAVEL, AND SLAG 

INDUSTRY 

As Approved on August 24, 1934 

ORDER 

APPROVING AJ\fENDMENT TO CoDE OF FAIR CoMPETITION FOR THE 

CRUSHED STONE, SAND AND GRAVEL , AND SLAG INDUSTHY 

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, 1933.1 for approval of an amendment to a Code of Fair Competition tor the Crushed Stone, Sand 

and Gravel, and Slag Industries, and hearings having been duly 

held thereon and the annexed report on said amendment, containing 

findino-s with respect thereto, having been made and directed to the 

President: 

NOvV 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 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 provisions 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 reof~ 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, 

Adn1inistrator for Industrial R ecovery. 

Approval recommended: 

c. E. ADAMS, 

Division Administ1·ator. 

w A HINGTON, D.C., 

August ~4, 1.934. 

82312°----10~4-114----34 (1) 
REPORT TO TI-IE PRESIDENT 

The PRESIDENT, 

Th e 1Vhite Hov~e. 

SIR: This is a report on the amendment to the Code of Fair 

Competition for the Crushed Stone, Sand and Gravel, and SlaQ' 

Industria as approvacl by you November 10, 1933. This amendment 

was snbmitted June 20, 1934 by the Code Authority for the Crushed 

Stone, Sand and GraYel and Slap- Industries, and a public hearing 

thereon was conducted July 17, 1934 in vVashington, D.C. 

The National Crushed Stone Association, Inc. The National Sand 

and Gravel Association, Inc., T he National Siag A sociation, the 

J:T ationa l Association of Portable Stone, Sand and Gravel Producers, 

and the A . ociatecl General Contractors of America, Inc., either 

participated in the hearing or join wit h the Code Authority in 

spon ... oring the amendment. 

This amendment was proposed pursuant to Executive Order No. 

GG78 dated April 14, 1934 and to my Administrative Order No. 

X-36, dated :May 26, 1934. The amendment ha since be n revised, 

wjth the as ent of the Code Authority, in accordance with suggestions made b. r the Legal Division. 

'Ihe primary purpose of the amendment is to <:rovern the collection of contribution for Code maint nance by the Code Authority 

of the Cru heel Stone, San l and GraYel, and Slag Industries, and 

by various administr::ttiYe committees et up uncl " · the Code. This 

pnrpose is carried out fcarti ularly in Amendment No. 8, whi h will 

make t nnecess· r ' the 'r"gi tercel producer" a cr ate l in the app roved ocl . The other nine mend nents ar intended to eliminate 

variou ref retlces to "registered producers" and in other ways to 

make euecti e Amendment .eo. 8. 

The D eputy Administrator in hi final rer ort to me on said 

amendment to said Code ha' ing found a herein . et forth and on 

the basis of 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 Re overy Act including the removal of obstructions to the free flow of int rstate all<l f oreign commerce which 

tend to diminish the amount thereof and will provide for the g neral 

welfare by promoting the organization of industry for the purpo e 

of cooperative action among trade group by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by elim1nating unfair competitive practices, by promoting the fullest possible utilization of the 

p resent productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by 

increasing the consumption of industrial and agricultural products 

(2) 
3 

through increa ing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating indu try. 

(b) The Code as aniended complies in all rcspe ts with the pertinent provision of aid Title of ·ai-:l Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7, and 

sub- ection (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 amenclm nt a.nd the Code aR amend cl are not d signed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate again t them. 

(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 reason , therefore, I have approved this amendment. 

Respectfully, 

AUGUST 24, 1934. 

HuGH S. JOHNSoN, 

Adrninistrator. 
AMEND~IENT TO CODE OF FAIR COMPETITION FOR 

CRUSHED STONE, SAND AND GRAVEL, AND SLAG 

INDUSTRY 

-AMENDMENT No.1 

Article II, Section 5 is amended by striking out subsection (d) 

thereof. 

AMEN DME.NT No. 2 

Article II, Section 9 is amended by striking out the word "registered " in the econd line thereof. 

AMEKDMENT No.3 

Article VI, Section 4 i amended by striking out subc:ection (c) 

thereof and nbstitnting therefor the folJowing: 

"Voting EUgibility.-Any member of the industries as defined in 

Article II hereof, or producers in other industri~s that with the 

approval of the President may from time to time be governed by 

the provisions of this Code, shall be entitled to participate in and 

share the benefits of the activities of the Code Authority and of other 

committees establi hed herein and to participate in the selection of 

members thereof by complying with the requirements of this Code." 

AMENDMENT No. 4 

Article VI, Section 4 is amended by striking out the word "registered " in the first line of subsection (d) thereof. 

AMENDMENT No. 5 

Article VI, Section 4 is amended by striking out the word "registered " in the fir t line of subsection (e) ther of. 

AMENDMENT N 0. 6 

Article VI, Section 4 is amended by striking out the word " registered" in the first line of subsection (f) thereof. 

Article VI, Section 5, Sub ection (a) is amended by substituting 

a period for the comma following the word " collected " in the third 

line of paragraph ( 5), and striking out the remainder of the 

paragraph. 

(4) 
5 

AMENDMENT N 0. 8 

Article VI, Section 5, Sub. ·ection (a) is amended by adding the 

following thereto: 

"(11) B1.uiget and Basis of Oontribution.-1. It being found necessary in order to support the administration of this Code and to 

maintain the standards of fair competition established her under and 

to effectuate the policy of the Act, the Code Authority is authorized : 

' (a) To incur uch 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 tn1,:;t for the purpose of the Code; 

"(b) To subm.it to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem nece sary 

( 1) an itemized budget of its estimated expenses for the foregoing 

purposes; (2) itemized budgets of the estimated expen es of regional, 

state, di tnct and division committees fer the foregoing purpo es ; 

(3) an equitable basis of contribution upon which the fund necessary to support the budget of the Code Authority shall be contributed 

by all members of the Industries; and ( 4) equitable bases of contribution upon which the funds necessary to support the budgets of 

regional, state, district, and division committees may be contributed 

by all members of the Industries in such regions, states, districts, and 

divisions, respectively; all such bases of contribution shall be established by the Code Authority. 

" (c) After such budget and bases of contribution have been 

approved by the Administrator, to determine and obtain equitable 

contribution as above set forth by all members of the Industries, and 

to that end, if necessary, to in titute legal proceedings therefor in its 

own name. 

"2. Each member of the Industries shall pay his or it equitable 

contribution to the expenses of the maintenance of the Code Authority and of other committees established under the Code determined as hereinabove provided, and subject to rules and regulations 

pertaining thereto is ued by the Administrator. Only members of 

the Industries complying with the Code and contributing to the expenses of its administration as herein~bove provided, unless duly 

exempted from making such contributions, shall be entitled to participate in the selection of members of the Code Authority and of 

other committees established under the Code, or to receive the benefits 

of any of it voluntary activities or to make use of any emblem or 

insignia of the National Recovery Administration. 

" 3. The Code Authority and any committee established under the 

Code ·hall neither incur nor pay any obligation 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." 
AMENDMENT No. 9 

Article VI, Section 5 is amended by striking out the second paragraph of subsection (b) thereof and substituting therefor the 

following: 

"The regional committee shall maintain the authoritative list of 

producers in each region who are complying with all provisions of 

the Code. The regional committee shall not continue the name of 

any producer on the list who has failed to pay his equitable contribution as determined by the Code Authority in accordance with the 

provisions of the Code." 

AMEKDMENT No. 10 

Article VI, Section 7 is amended by striking out subsection (b) 

thereof and substituting therefor the following: 

"Producers.-Each producer shall be entitled to one vote, except 

as otherwise provided in this Section; provided any such producer 

who within one year prior to the effective date has sold and shipped 

the products of any or all the industries governed by this Code may 

vote individually and separately as a member of any or all such 

industries." 

AMENDMENT No. 11 

Article VI, Section 7 is amended by strikinO' out the word "registered" as it appears in the sixth, eleventh, fourteenth and in the 

twenty-ninth lines of sub ection (c) thereof, and by adding the following as the last sentence of this sub ection: " Only those producers complying with the Code shall be ligible to vote." 

AME_ DMENT N 0. 12 

Article VI, Section 7 is amended by adding the following as the 

last sentence of subsection (d) thereof: ' Only those marketers 

complying with the Code shall be eligible to vote.;' 

AMENDMENT N 0. 13 

Article VI, Section 7 is amended by striking out the word " registered " in the fifth line of subsection (e) thereof and by adding the 

following as the last sentence of this subsection: "Only those producers complying with the Code shall be eligible to vote." 

AMEKDl\IENT No. 14 

Article VI is amended by striking out Section 10. 

AMENDMENT No. 15 

Article VII, Section 5 is amended by striking out the word " regis-· 

tered" as it appears in the fifteenth, twenty-first, and in the twenty·· 

third lines of subsection (a) thereof. 

Approved Code No. 10~.Amendment No. 1. 

Registry No. 1037-1-01. 

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