111 11 11111l1[1l\1[1~11\(ll i111( \111\1\1!1 ~Ii ijii\11111111 1 

3 1262 08482 9265 

.n.vvi-uvea ._;oae No. 31-Amendment No. 1 Registry No. 1026-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO · 

CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

AS APPROVED ON FEBRUARY 10, 1934 

WI DO OUR PART 

UNITED STATES 

GOVER NMENT PRINTING OFFICE 

WASHINGTON : 193' 

For sale by the Superintendent of Documents, Washington, D.C. - • - - - - - - .Price 5 ~ nta 
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. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

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 Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building, 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas 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 Olive Street. 

San Frandsco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

As Approved on February 10, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

LIME I NDUSTRY 

An application haYing been duly made pursuant to and in full 

compliance with the provi ion of Title I, of the National Indu trial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Competition for the Lime Industry, and 

hearings having been duly held thereon and the annexed report on 

said amendment containing finding with respect thereto, having 

been made and directed to the President: 

N O'\V, THEREFORE, on behalf of the President of the United 

State , I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pur uant to authority , ested in me by Executive Orders of the 

Pre iclent, including Executive Order No. 6543-A, dated December 

30, 1933, an l otherwi e; do hereby incorporate, by reference, said 

annexed report and do :q.ncl that said amendment and the Code as 

constituted after being am nded comply in all respects with the pertinent proYi ion and "ill promote the policy and purposes of said 

Title of said Act, and do hereby order that said amendment be and it 

i hereby approved, and that the previous approval of said Code is 

hereby modified to include an approval of said Code in it entirety 

a amended; provided, however, that the provisions of Article III, 

Section 3, subdivi ion C, in ofar as they prescribe a waiting period 

between the filing with the Code Authority and the effective date of 

revi eel price li t or revi eel term and conditions of sal be and 

they are hereby tayecl in their application to the Dolomite Divi ion 

a er ated by thi amendment pending my further Order either within 

a period of ixty days from the effective date of this Code or after 

the compl tion of a tudy of open price associations now being conducted by the National RecoYery Administration. 

pproval recommended. 

\Y. . HARRIMAN 

HuGH S. JoH :rsoN, 

Adm,inistra.tor for l ncfo,strial Recov ry. 

Divi ·ion Admini ·fl'ator. 

'\VA HIN T N, D. ., F b,,wry 10 19 4. 

303jl 0-37G-42-- 34 (1) 
REPORT TO THE PRESIDENT 

THE PRESIDENT, 

The White House. 

Srn: This is a report on the Amendment to the Code of Fair Com- petition for the Lime Industry creating a Dolomite Division of that 

Industry and including an additional group of manufacturers of 

Dolomitic Refractories under the Lime Code. A hearing on this 

Amendment was conducted in Washington on the twenty-third of 

November 1933, in accordance with the provisions of the National 

Industrial Recovery Act. 

Except as otherwise specifically provided in the Amendment, 

described as Schedule B, all provisions of the Lime Code will apply 

within the Dolomite Division, including the mandatory provisions 

of the Act. No change is made in the Schedule to the wage and hour 

provisions of the Code as originally approved, so that those pro- visions remained the same under the Code, as amended. 

ECONOMIC EFFECTS OF THE CODE 

The Dolomite Industry employs at present only about 490 persons. 

Six of the eight plants in the Industry produce lime as their prin- cipal product, using in some cases the same men and machinery. 

Since these plants are already under the Lime Code there will be 

little effect on hours and wages. The Amendment will 1 however, 

avoid possibilities of confusion in these six plants and of unfair 

competition based on wages by the other plants not under the Lime 

Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Amendment 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 obstruc- tions to the free flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will provide for the general wel- fare 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 govern- mental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the 

present productive capacity of industries, by avoiding undue re tric- tion of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural products 

(2) 
3 

through increa ing purcha ing power, by r ducing and relieving 

unemployment, by i1nproving standards of labor, and by therwise 

rehabilitating indu try. 

(b) The Code a am nded complies in all respects with the pertinent provi ions of aid Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof. 

( c) The Dolomitic Refractorie In titute is an indu trial association truly repre entative of that portion of the aforesaid Indu try 

affected by the said Amendment, and that aid as ociation impo es 

no inequitable restrictions on ad.mi ion to membership therein and 

has applied for or consents to this Amendment. 

( d) The Amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practice . 

( e) The Amendment and the Code as an1ended are not designed 

to and will not eliminate or oppress small enterpri es and will not 

operate to di criminate 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 

Amendment. 

(g) The Lime Industry, through its Code Authority, has approved 

of and con ented to the said Amendment. 

For the e rea ons, therefore, I have approved this Amendment. 

Respectfully, 

FEBRUARY 10, 1934. 

HUGH s. J OHNSON) 

.Admini,strator. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE LIME INDUSTRY 

SonEDULE B-DoLoMITE DrvrsION 

SECTION 1. Within the meaning of this Code as amended by the 

addition of this Schedule B the term "Lime lndustry" not only 

has the meaning stated in Article I, Section 1, but also includes the 

manufacture of dolomitic lime for sale as a refractory, irrespective 

of the extent of burning or of other refinements. 

The maunfacture of dolomitic lime ( referred to herein as " dolomite") for sale as a refractory is hereinafter referred to as the 

dolomite division of the Lime Industry, which division shall constitute a self-governing branch of the Lime Industry. 

The provisions of this Code required by Sections 7 (a) and 10 (b) 

of the Act, and all other provisions of this Code not otherwise 

specifically referred to and provided for in this Schedule, shall 

apply with equal force within the dolomite division. 

SEc. 2. The members of the dolomite division shall select a "Dolomite Code Authority" for the entire United States, consisting of 

one representative of each such manufacturer to administer the Code, 

as amended by the addition of this Schedule B, within the dolomite 

division. Except as otherwise herein provided, the Code Authority 

shall exercise and perform the duties and powers in resl?ect to the 

dolomite division which the District Control Committee have 

under the Code in respect to their resl?ective districts, and shall be 

subject to the same restrictions, limitat10ns, and requirements. References in this Code to the respective Lime Industry Districts or 

District Control Committees shall be construed as al o referring to 

the dolomite division or to the Dolomite Code Authority, as the 

case may be, unless the context requires a different construction, except that the term" District", when applied to the dolomite divisioo 

shall refer to the entire territory subject to this Code. 

The Dolomite Code Authority shall also exercise and perform in 

respect to the dolomite division the powers and duties which the 

Trade Relations Committee has in respect to the remainder of the 

Lime Industry under Article III, Section 1; Article III, Section 3, 

subdivisions ( c) and ( d) ; Article IV, Section 2; and Article V, Sections 1 and 2 including the provisions contained in subdivision (b) 

of Section 2 of Article V as to collecting reports and furnishing 

them to the Administrator. 

The provisions of Article III, Section 3, subdivision (b), as to 

weighted average costs, shall not apply to the dolomite division; 

nor hall the last sentence in subdivision (a) of Section 5 of Article V, provided that appeal may be taken to the Administrator :from 

the Dolomite Code Authority in the manner and in the respects 

specified in subdivision ( c) of Section 5 of Article V. 

(4) 
5 

The representatives appointed by the Admini trator to the Trade 

R lations Committee pur uant to S ction 1 of Article V shall ipso 

facto be appointed to the Dolomite Code Authority and, as representatives on the Dolomite Code Authority, shall have the same 

powers and duties in re p ct of the dolomite division as they have 

as representatives on the Trade Relations Committee in respect to 

the remainder of the Lime Industry. 

For the purpose of facilitating the a.dmini tration of this Code 

within the dolomite divi ion in cooperation with the Administrator 

any member or representative of the Trade Relations Committee designated by it shall be a nonvoting member of the Dolomite Code 

Authority. The Trade Relations Committee and the Dolomite Code 

Authority shall from time to time determine and agree upon the portion of the cost of the administration of this Code to be borne by the 

dolomite division, which portion shall be apportioned among the 

manufacturers of dolomite as they may themselves agree. 

SEC. 3. The Dolomite Code Authority may submit ·uch recommendations as it deems desirable in regard to the control of destructive price competition in the dolomite division, and/or a proposed formula for determining a minimum co t below which no 

member shall be allowed to sell the products of such division. Upon 

approval of such recomn1endations or formula by the Administrator, 

after notice and hearing, uch recommendations or formula shall 

become effective as part of this Schedule and of this Code.1 

SEc. 4. The Dolomite Code Authority shall require all the pre ent 

producers of dolomite within the continental United States to register with it their respective producing capacities of dolomite. The 

intention of persons engaged or engaging in the producing of dolomite to install additional producing capacity, shall be reported to 

the Dolomite Code Authority, and upon receiving such notice, the 

Dolomite Code Authority may make to the Administrator such recommendations in respect thereto as it may deem desirable to effectuate the purposes of the Act. 

SEo. 5. The provisions of this Code, as amended by the addition 

of this Schedule B shall beco1ne effective within the dolomite division on the tenth day after the approval of this amendment pursuant to the Act. 

Approved Code No. 31-Amendment No. 1. 

Regi try No. 1026-01. 

1 See paragraph of order approving this Code. 

0