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3 1262 08486 7745 

Registry No. 1026-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

AS APPROVED ON OCTOBER 3, 1933 

BY 

PRESIDENT ROOSEVELT 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

0-: -·-· 

.. ,, ----

UNITE~ ST'A'TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I 

( 

i'or lilllle by the Superintendent of Doc:uments, Washington, D.C. - - - - - - - - Pric:e 6 c:ents 

• 
• 

.. 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 

lind Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building . Boston, l\lass. : 1801 Customhouse. 

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

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

Chicago, Ill. : Suite 1706, 201 North Wells Street. 

Cle-veland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building·. Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kan"as City, Mo.: 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: Room 405, 421 West Market Street. 

Memphis, Tenn.: 266 South Water Street. 

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.: Room 812, 20 South Fifteenth Street. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 50{) Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 140{) Vance Building. 

(II) 
EXECUTIVE ORDER 

CoDE oF FAIR CoMPETITION FOR THE LIME 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 my approval of a Code of 

Fair Competition for the Lime Industry, and hearings having been 

held thereon and the Administrator having rendered his report containing an analysis of the said Code of Fair Competition together 

with h1s recommendations and findings with respect thereto, and the 

Administrator having found that the said Code of Fair Competition 

complies in all respects with the pertinent provisions of Title I of 

said Act and that the requirements of clauses (1) and (2) of subsection (a) of Section 3 of the said Act have been met. 

Now, THEREFORE, I, Franklin D. Roosevelt, President of the United 

States, pursuant to the authority vested in me by Title I of the 

National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt the findings and approve the report and recommendations of the Administrator and do order that the said Code of 

Fair Competition be and it is hereby approved, subject to the following condition: 

(1) The National Lime Association shall~ as soon as practicable, 

amend its bylaws by repealing that provisiOn which requires that 

election to membership therein is dependent upon the nomination by 

two members and upon the majority vote of the Board of Directors 

of that Association. 

THE WHITE HouSE, 

October 3, 1933. 

Approval recommended: 

HuGH S. JOHNSON, 

A clministrator. 

14252°----133-161----33 

FRANKLIN D. RoosEvELT. 

(ill) 
SEPTEMBER 15, 1933. 

THE PRESIDENT, 

The White House. 

MY DEAR MR. PRESIDENT: I have the honor to submit and recommend for your approval the Code of Fair Competition for the Lime 

Industry. 

The following exhibits are included or attached: 

1) Final Code Submitted. 

2) Notice of Hearing. 

3) Statement of Procedure. 

4) Transcript of the Records. 

5) Statistical Analysis of the Division of Economic Research 

an Planning. 

(6) Report of Deputy. 

An analysis of the provisions of the Code has been made by the 

Administration. I find that the Code complies with the requirements of Clauses 1 and 2, Subsection (a) of Section 3 of the National 

Industrial Act. 

I am, my dear Mr. President, 

Very sincerely yours, 

(IV) 

HuoH S. JoHNSoN, 

Admini8trat01'. 
CODE OF FAIR COMPETITION FOR THE LIME INDUSTRY 

To effectuate the policy and purposes of the National Industrial 

Recovery Act the followm~ provisions are submitted as a Code of 

Fair Competition for the L1me Industry; and, upon approval by the 

President, shall be the standard of fair competition for this Industry. 

ARTICLE I-DEFINITIONS 

SECTION 1. The term" Lime Industry" means the manufacture for 

sale of quicklime and such of its allied products as are natural 

affiliates. 

SEa. 2. The term "employee" shall mean any person employed 

in any phase of the Lime Industry, in any capacity, in the nature 

of employee irrespective of the method of payment of his compensation. 

SEc. 3. The term" employer" shall mean anyone for whose benefit 

such an employee is so engaged. 

SEc. 4. The term " manufacturer " shall include any member of 

the Lime Industry who shall be subject to this Code. 

SEo. 5. The term "district", unless the context otherwise requires 

shall mean a Lime Industry District established in Schedule "A" of 

this Code. 

ARTICLE II-LABOR PROVISIONS 

SECTION 1. Employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or in 

self-organization or in other concerted activities for the pur.pose of 

collective bargaining or other mutual aid or protection; no employee 

and no one seeking employment shall be required as a condition of 

employment to join any company union or to refrain from joining, 

organizing, or assisting a labor organization of his own choosing; 

employers shall comply with the maximum hours of labor, minimum 

rates of pay, and other conditions of employment, approved or prescribed by the President. 

SEc. 2. Working H ours.-On and after the effective date no em- ployee (except outside salesmen) shall work in excess o£ eight ( 8) 

hours in any one day or in excess o£ :forty ( 40) hours in any week; 

provided, however, that these limitations shall not apply in periods 

of seasonal peak demand or in the event o£ lack o£ storage :facilities, 

or emergencies, but in no event shall the total working hours o£ 

any employee, averaged over a six (6) months' period, exceed :forty 

( 40) hours per week. All overtime work in excess o£ eight (8) hours 

per day shall be paicl for at not less than one- and one-hal:f times 

(1) 
2 

the hourly rate. These maximum hours shall not apply to foremen, 

superintendents, managers, officials, or others compensated on a 

regular salary basis in excess of $35.00 per week. 

SEc. 3. Rates of 1Va.ges.-On and after the effective date, the minimum rate of wages for employees, excluding accounting, clerical, 

and office employees, shall not be less than thirty ( 30) cents per 

hour in all territory south of the northern boundary of Virginia, 

Tennessee, Arkansas (including the manufacturing section known 

as South western 1\fissouri), Oklahoma, New l\1exico, and Arizona 

and in all other territory the minimum wage rate shall be not less 

than 37¥2 cents per hour. There shall be an equitable readjustment 

of compensation now in excess of the minimum wages herein established. 

On and after the effective date, the minimum rate of wages for 

accounting, clerical, or office employees shall be not less than $15.00 

per week in any city of over 500,000, or in the immediate trade area 

of such city; $14.50 per week in any city of between 250,000 and 

500,000 population, or in the immediate trade area of such city; 

$14.00 per week in any city of between 2,500 and 250,000 population, or in the im.Inediate trade area of such city; and $12.00 per 

week in towns of less than 2,500 population. Population shall be 

determined by the 1930 Federal census. 

Employees who by reason of old age or physical infirmities are 

incapable of normal productive effort may be compensated at a rate 

not less than 80 percent of the foregoing minimum rates of pay 

but the number of such employees shall not exceed 5 percent of 

the total number of employees from time to time employed. 

SEc. 4. Prohibition of Child Labor.-On and after the effective 

date, employers shall not employ any person under the age of sixteen 

(16) years. 

ARTIOLE Ill-MARKETING 

SECTION 1. Uniform Oost Aoaownting.-The Trade Relations Committee (hereinafter described in Article V hereof) upon r~asonahle 

notice to the District Control Committoos and acting upon their 

recommendations, shall immediately prepare and adopt for use in 

the Industry, and shall submit to the Administrator for his approval not earlier than ten (10) days after submitting the same to 

each District Control Committee (hereinafter described in Article V 

hereof), a standard uniform system or method of cost accounting. 

Upon such approval by the Administrator all manufacturers shall 

maintain at all times an accurate record of all costs in accordance 

with such system or methods or in such other manner as will clearly 

indicate and make available the information required thereby. Such 

system or method shall specify the items which shall be included 

in determining each manufacturer's cost. 

SEc. 2. Standard Form.s.-Each District Control Committee, in 

cooperation with the Trade Relations Committee, shall prepare 

immediately standard forms for quotations and contracts for use by 

manufacturers producing in the district to the end of standardizing 

such forms as far as possible in all districts, which forms shall 

specify the terms and conditions under which quotations and contracts for sale shall be made. When so prepared and approved by 
8 

the District Control Committees, copies of such forms shall be sent 

to the Trade Relations Committee, and shall be submitted by it to the 

Administrator for his approval. Upon the Administrator's approval 

thereof, no manufacturer in any district shall quote or sell lime or 

lime products on terms or conditions at variance from those specified 

in the forms approved for that district. 

SEC. 3. Methods of S elling. 

(a) Establishment of Basing Points.-The practice of determining 

delivered prices for lime in given markets, by the utilization of a 

basing point or points, plus the prevailing rail freight rates, has been 

a long-standing custom in the IndustrY.. 

Each District Control Committee (hereinafter in this Code provided for) may establish for its district a basing point or points 

(and change or revise the same £rom time to time as conditions warrant), which basing .Point or points shall be fair and reasonable as 

to all interested parties; provided, that in the event no such District· 

Control Committee shall have been elected in any district within 

twenty days after the effective date of this Code, then such basing 

point or points shall be established for such district by the Trade 

Relations Commitee acting upon the recommendations of the manufacturers therein. 

(b) Weighted Average District 0 osts .-Each District Control 

Committee shall determine within its own district, and from tune to 

time revise and promulgate for the guidance of the Industry, the 

weighted average cost of each industry product manufactured in 

such district. Such cost shall be based upo:r;t the costs of individual 

manufacturers, as provided for in Section I of this Article. In case 

of a district having no District Control Committee the manufacturers in such district shall report to the Trade Relations Committee, 

or its designated agency, necessary data to enable the Trade Rela- · tions Committee to determine weighted average costs for each industry product manufactured in such district, and the Trade Relations Committee shall determine such costs and promulgate the same 

for the guidance of the Industry. Such average costs shall be subject to the approval of the Administrator and the substantiating 

data shall be open to his inspection at all times. Such determination 

of cost shall be made in such manner that individual figures are kept 

confidential and shall not be available to competitors. 

After such average cost of each industry product is so determined 

for any district, no manufacturer in the industry shall sell any such 

industry product for delivery in such district at less than such average cost, plus basing rail freight. Any sale in any such district by 

any manufacturer at less than such average cost, plus basing rail 

freight shall be an unfair method of competition. 

(c) Price Publication.-Each manufacturer in the industry shall, 

within ten (10) days after the effective date of this Code, file with 

the District Control Committees a list showjng the basing point 

prices and terms and conditions of sale for each of the products 

offered for sale in each district by such manufacturer and after the 

expiration of such ten-day period, every manufacturer shall at all 

times maintain on file with the District Control Committees a list 

showing the basing point prices and terms and conditions of sale 

except as herein provided. Each such list shall state the date upon 
4 

which it shall become effective, which date shall not be less than 

five ( 5) days after the date of filing such list; provided, however, 

that the first list of prices and terms and conditions of sale filed by 

any manufacturer, as above provided, shall take effect on the date 

of filing thereof. None of the prices and terms and conditions of 

sale shown in any list filed by any manufacturer, as herein provided, 

shall be changed except by the filing by such manufacturer with the 

District Control Committee of a new list of basing point prices and 

t erms and conditions of sale which shall become effective on the 

effective date therein specified, which shall not be less than five ( 5) 

days after the date on which such new price list and terms and conditions of sale shall have been so filed. In case any district shall not 

have elected a District Control Committee, then the manufacturers 

selling within such district shall file their prices and terms and conditions of sale for such district with the Trade Relations Committee in 

the same manner and under the same conditions as those above stated 

for filing with the District Control Committees. 

All such price lists and terms and conditions of sale filed with 

the District Control Committee shall be immediately distributed 

among the manufacturers within the district, and a copy filed with 

the Trade Relations Committee and all such price lists and terms 

and conditions of sale filed with the Trade Relations Committee 

shall be immediately distributed to all manufacturers in the Industry 

interested therein. 

In the event that any manufacturer shall not receive sufficient 

notice of the filing by any other manufacturer of revisions in such 

other manufacturer's prices or terms and conditions of sale, as will 

enable him to meet such revisions of such other manufacturer on the 

effective date thereof, then if such manufacturer shall file with the 

appropriate committee such revisions in his prices and terms and con-

(1itions of sale as may be required to meet the revisions filed by such 

other manufacturer, within forty-eight hours after receipt of notice 

thereof, the revisions so filed by such manufacturer shall become 

effective on the same date as the revisions of such other manufac- turer, or if they be already effective, shall -become effective 

immediately. 

The failure of any manufacturer to adhere to his prices, terms, 

and conditions of sale, filed as herein provided, and any other deviation from the provisions of this section, shall be an unfair method 

of competition. 

(d) R eports for the President.-The Trade Relations Committee 

shall, prior to the expiration of the four-month period herein below 

specified, make to the President a report and recommendations as 

to the effect of the basing point and average cost provisions of this 

Code upon prices in the industry, upon such other matters as it may 

deem pertinent to properly inform the President upon the operations 

of this section, and upon such matters as may be requested by the 

President or the Administrator. 

The foregoing provisions with regard to basing points and average costs herein above described are experimental and tentative so 

fa r as this Code is concerned, and shall continue in effect for a period 

of four months after the effective date of this Code in order to afford 

the President an opportunity to determine upon the recommenda-
5 

tions of the representative or representatives appointed by the Administrator to the Trade Relations Committee as hereinafter provided (which recommendations shall be made periodically or as 

often as the said representative or representatives deem necessary or 

advisable but in any event not later than four ( 4) months after the 

a.Pproval date of this Code) and upon the report and recommendatlons of the Trade Relations Committee, whether such provisions 

will effectuate the purposes of Title I of said National Industrial 

Recovery Act and whether such provisions are beneficial or detrimental to the industry or to the public; subject, however, to the 

reserved power of the President to cancel or modify his approval 

thereof and subject also to the further proviso that the establishment and revision of the basing points and average costs and the 

operation of the foregoing provisions as to basing points and as to 

average costs shall at all times and in any particulars be subject to 

the review and disapprova} of the Administrator. The President 

or the Administrator may call upon all manufacturers in the industry for such data and information as they may consider helpful 

for the foregoing purposes. Subject to the exercise at any time of 

any powers hereinbefore reserved to the President or the Administrator, the provisions of this section shall continue in effect as a 

part of this Code after the expiration of said four months' period. 

Information of a confidential nature shall be collected through a 

confidential agency and be handled in such a way that the individual 

costs, profits, and other like data will not be reflected in any report 

or publication or made available to other members of the Industry. 

ARTICLE IV-UNFAIR METHODS oF CoMPETITION 

SECTION 1. Departure from Agrreed W orrhing 0 onditions.-The 

paying of lower than the minimum wages herein prescribed, or the 

exaction of hours of labor in excess of the maximum herein prescribed, shall be an unfair method of competition. 

SEc. 2. Selling Below Oost.-In addition to the restrictions contained in Subsection (b) of Section (3) of Article III, it shall be 

an unfair method of competition for any manufacturer of lime or 

lime products to sell below his cost as defined in the standard uniform 

cost accounting system or method to be established for the industry 

as herein provided, except to meet a well-established competitive 

delivered market price for a product of similar grade and quality. If 

any manufacturer shall believe that any other manufacturer is seiling at less than cost to meet an established delivered price, but that 

in the particular case such selling below cost constitutes an unfair 

marketing practice, such manu1acturer shall have the right to file a 

written complaint with the Trade Relations Committee. The Trade 

Relations Committee upon receipt of such complaint shall cause to 

be made an appropriate investigation by such confidential agencv as 

it may designate, which confidential agency shall make a full report 

thereon to the Administrator and shall file a summary of its conclusions with the Trade Relations Committee. The Administrator, 

upon receipt of such report shall, in cooperation with the Trade 

Relations Committee, take such further action thereon a he may 

deem appropriate, and shall have the power to direct the manufac-
6 

turer or manufacturers concerned to correct any such unfair marketing practice found to exist. 

SEo. 3. Commercial BribeM;.-To give or permit to be given to the 

agents, employees, or representatives of customers, or prospective 

customers, or to agents, employees, or representatives of competitors' 

customers or prospective customers, money or anything of value as 

an inducement to cause their employers or principals to purchase or 

contract to purchase industry products, or to influence such employers or principals to refrain :from dealing or contracting to deal 

with competitors, shall be an unfair method of competition. 

SEc. 4. Rebates, Subsidies, etc.-To make allowances, such as 

bonuses, rebateshrefunds, credits, unearned discounts, or subsidies o:f 

any kind, whet er in the form of money, services, advertising, or 

otherwise for the purpose of securing business, shall be an unfair 

method of competition. 

' SEo. 5. Lurmp Swrn Bids and C ontracts.-To submit a bid or bids 

for two or more commodities, one of which is lime or a lime product, 

in which the unit price of each commodity is not clearly stated, shall 

be an unfair method of competition. Accepting orders or contracts 

for sale at a lump sum where the contract does not specify the exact 

quantity, quality~ and unit price of the product purchased shall be 

an unfair method of competition. 

SEo. 6. Combination Sales.-N o manufacturer shall sell or offer to 

sell commodities other than lime or lime products at prices below the 

current .price list established therefor by such manufactu.rer in order 

to influence the sale of his lime or lime products. Any violation of 

this provision shall be an unfair method of competition. 

SEc. 7. Inducing Breach of Contract-To willfully interfere with 

any existing contract between any other manufacturer and a wholesaler, retailer, consumer, or other party, involving or relating to the 

sale of industry products, such interference being for the purpose 

or with the effect of dissipating, destroying, or appropriating, in 

whole or in part, the business represented by such contracts, shall be 

an unfair method of competition. 

SEo. 8. Defamation of Competitors.-To defame or disparage a 

competitor, directly or Indirectly by words or acts which untruthfully call in question his business integrity, his ability to perform his 

contracts, his credit standing or the quality of his product, shall be 

an unfair method of competition. 

SEc. 9. Use of Old Packages.-The sale by a lime manufacturer to 

any purchaser of bulk lime which he knows is for purposes of resale 

in containers, shall be an unfair method of competition. 

SEc. 10. Misrepresent(J)tion.-To sell or offer for sale any industry 

product for the purpose or with the effect of deceiving customers or 

prospective customers as to the quantity, quality, or grade of such 

products, shall be an unfair method of competition. 

SEc. 11. False B1"aalUiing.-Marking, branding, and labeling products and making statements regarding products, the purpose or effect 

of which may be to mislead or deceive purchasers as to the quantity, 

quality, grade, or substance of the goods purchased, shall be an 

unfair method of competition. 

SEc. 12. Imitation of Trade Marks.-To imitate or to simulate the 

trade mark, trade name, package, brand, or label of a competitor in 
7 

such degree as to deceive, or have a tendency to deceive, customers 

shall be an unfair method of competition. 

SEc. 13. Consigned Goods.-The shipping of lime or lime products 

on con ignn1ent shall be an unfair method of competition. 

SEc. 14. Transactions with Jobbe-rs, Distributors, or Brokers.-It 

shall be an unfair method of competition for any manufacturer to 

create or enter into relations with any jobber, distributor, or broker 

except subject to the condition that such jobber, distributor, or 

broker shall agree to be bound by all the applicable provisions of this 

Code relating to the sale of the various types of lime. 

SEc. 15. Definition of Jobber, Distributor, 0'1' Broker.-A jobber, 

distributor, or broker is hereby defined as any person, firm, or corporation (not a retail dealer) who is engaged in selling lime or lime 

products, either exclusively or with other materials, to retailers 

and/ or consumers with whom he is not connected or related in 

business. 

SEc. 16. Shipments without Orders.-To make shipments, other 

than those involving mere transfers of material to the warehouses 

or plants of the shipper, without in each case having an order from 

the customer for the shipment at the time of making same, shall be 

an unfair method of competition. 

SEa. 17. Protected Oontracts.-All bona fide contracts, and/ or 

orders for shipment for specific jobs taken before or after the effective date of this Code may be protected at the price at which the 

contract and/or order was taken and materials sold under such protection shall be applied only on the contract and/or order for which 

the protection was given. Any shipment contrary to this provision 

shall be an unfair method of competition. 

SEc. 18. Duration of Agreements.-(a) Except where otherwise 

necessary to meet governmental bid reqillrements, no manufacturer 

shall make any quotation which shall not expire within fifteen (15) 

days from date of quotation; provided, however, that any such quotation may be specifically renewed. 

(b) Chemical Lime.-No manufacturer shall contract or agree to 

furnish chemical lime or chemical-lime products to any purchaser 

for more than a calendar quarter-annual period; nor shall he make 

any quotation, contract, or agreement for the sale of such products 

for any such calendar quarter-annual period, prior to the first day 

of the last month of the immediately preceding calendar quarterannual period. 

(c) Bw£lding Lime.-In instances where building lime is sold for 

specific jobs in lieu of making specific job contracts with dealers and 

processors, a purchase order at the prevailing price will be considered as a sufficient binding contract with the provision that if the 

price advances at any time, a specific job contract will be written 

within thirty (30) days after the price advance at the price prevailing at the date of the purchase order for the amount of lime 

still required. 

Specific job contracts must be supported by the dealer's original 

order and record of prior deliveries and the contractor's written estimate of the balance required for completion. ,,, here no specific job 

~ontract is made within 30 days after the price advance, then such 

JObs must take the advanced price. 
8 

(d) AgricuUwral Lime Prodwcts.-No manufacturer shall contract or agree to furnish agricultural lime or agricultural lime products to any purchaser for more than a calendar semiannual period, 

nor shall he make any quotation, contract, or agreement for the 

sale of such product for any such calendar semiannual period, prior 

to the first day of the month immediately preceding such calendar 

semiannual period. 

(e) Government, State, County, and Mwniaipal Reqwirements.-

N o manufacturer shall submit a bid prior to ten days before the 

date specified for the opening of bids, and, unless a longer period 

therefor is specified in the proposal or by applicable law, every such 

bid shall specify that it shall be void if award shall not be made 

and contract executed within 30 days after date of the opening of 

bids; and only calendar quarterly contract shall be accepted, unless 

otherwise specified in the proposal or by applicable law. 

Any deviation from the provisions of this section shall be an 

unfair method of competition. 

SEc. 19. False Classifkation.-The classification of lime or lime 

products for the purpose of determining freight charges thereon 

different from the classification adopted by the industry and accepted 

by the rail carriers, to secure a lower freight rate, shall be an unfair 

method of competition. 

SEc. 20. Substitution.-The marketing and selling of a product 

having superior qualities and higher value, in packages of a recognized inferior and lower-priced product, and so marketing at a lower 

price, shall be an unfair method of competition. 

SEc. 21. Contingent Sale8.-The purchase of materials from a 

buyer of lime products, made contingent on the sale of lime by a 

member of the industry, shall be an unfair method of competitwn. 

SEo. 22. Splitting of Commissions.-The splitting of commissions 

or other compensation received by an employee or agent of the 

seller, with the buyer, for the purpose or with the effect of influencing 

a sale, shall be an unfair method of competition. 

ARTICLE V-ADMINISTRATION 

SECTION 1. Code A uthority.-To effectuate the policies of the N ational Industrial Recovery Act and to provide for administration 

of this Code within the industry in cooperation with the Administrator, the Trade Relations Committee of the National Lime Association, as that committee is from time to time constituted, is hereby 

established as a planning and fair-practice agency for the industry. 

To this committee the Administrator shall from time to time and 

for such periods as he may specify appoint thereto, as his representatives, or as representatives of such groups as he may designate, 

not more than three members without vote. 

The President or the Administrator may upon complaint and 

after such hearing as he may prescribe, take such action as he may 

deem necessary to insure that the Trade Relations Committee is 

fairly representative of the districts and of the industry as a whole. 

SEo. 2. Trade Relations C ommittee.-In addition to the powers 

and duties herein specifically conferred upon the Trade Relations 

Committee, it shall have the following powers and duties: 
9 

(a) The Trade Relations Committee shall have the right to establish its own rules for the conduct of its business. 

(b) In order that the President may be informed of the extent 

of ob ervance of the provisions of this Code and of the extent to 

which the declared policy of the National Industrial Recovery Act 

as tated herein is being effectuated in the Lime Industry, the Trade 

Relations Com1nittee hall make such reports as the Administrator 

may require, periodically, or as often as he may direct, and each 

manufacturer shall, in the manner hereinafter provided, make such 

reports, to be sworn or unsworn as the Trade Relations Committee 

may specify, periodically or as often as it may direct, concerning 

wages, hours o£ labor, conditions of employment, number of employees and other matter pertinent to the purposes of this Code 

as the Administrator, through the Trade Relations Committee, may 

from time to time require. 

Each manufacturer subject to the jurisdiction of this Code and 

accepting the benefits of the activities of the Trade Relations Committee hereunder ~hall pay to the Trade Relations Committee his 

proportionate share of the amounts necessary to pay the cost of 

the assembly, analysis, and publication of such reports and data, and 

of the maintenance of the said Trade Relations Committee and its 

activities. Said :proportionate share shall be based upon the total 

tonnage of quicklime and hydrated lime manufactured and sold during such representative period but not less than one year, as the 

Trade Relatwns Committee may select. The Trade Relations Committee may designate the National Lime Association or any other 

appropriate agency, to assist it in maintaining its accounts, determining such proportionate shares and in securing the collection 

thereof. 

At the option of any District Control Committee, such reports 

may be collected and compiled by it for the district. In case any 

District Control Committee (as hereinafter provided) or a majority 

of the manufacturers in any unorganized district shall require it 

such reports for that district shall be collected through a confidential 

agency appointed by such District Control Committee, or, in the 

case of an unorganized district, by the Trade Relations Committee. 

Such information shall be kept confidential as to individual reports. 

The Trade Relations Committee shall compile immediately all 

such records in accumulated totals and averages by districts and for 

all districts and distribute the same to all members in the industry. 

(c) The Trade Relations Committee may, from time to time, present to the Administrator recommendations based on conditions in 

the industry as they develop from time to time which will tend to 

effectuate the operation of the provisions of this Code, and the policies of the National Industrial Recovery Act, but before any such recommendations shall be presented to the Administrator they mu t be 

first submitted to all members of the Industry and receive the approval of members of the industry who in the preceeding year produced at least sixty percent of the total industry tonnage produced in 

that year. 

(d) The Trade Relations Committee shall cooperate with the Admini trator in making such inve tigations as to the functioning and 

observance of any provisions of this Code as the Administrator 
10 

may request, through such confidential agency or agencies as he may 

designate. All information so collected shall be kept strictly confidential except as the same is reported to the Administrator and except as may be disclosed by the Administrator :for the purpose of 

enforcing the provisions of the National Industrial Recovery Act. 

(e) In order to facilitate the application and operation of the 

provisions of this Code, the Trade Relations Committee may issue 

1nterpretations thereof, subject to an appeal to the Administrator 

in the manner hereinafter provided. 

(f) The Trade Relations Committee may from time to time appoint such subcommittee or designate such agencies, and may delegate to any of them such of its· powers and duties, as it shall deem 

necessary or proper. 

SEc. 3. Lime lndW8try Districts.-The Industry shall be divided 

into " Lime Industry Districts " which districts initially established 

are set forth in Schedule A to this Code. The Trade Relations Committee may from time to time revise such districts or any of them, 

subject to the approval of the manufacturers within the district or 

districts affected, and subject to the approval of the Administrator. 

The manufacturers in each district may, at a meeting called for 

that purpose on notice to all manufacturers in such district, at which 

meeting each manufacturer shall be entitled to one vote, establish 

therefor, upon the majority vote of the manufacturers in attendance 

at such meeting, a District Control Committee to consist of such 

number of members as such manufacturers shall determine. In order 

to provide, as far as practicable, and as not otherwise required by 

this Code, for the administration of this Code within each district 

by the manufacturers therein, the District Control Committee, in 

addition to the duties and/owers elsewhere in this Code conferred 

upon them, shall be charge with the power and duty of supervising 

and enforcing the provisions of this Code within their respective 

districts and may make such investigations as may be necessary for 

that purpose. 

All information necessary for any such investigation shall be 

reported to a confidential agency selected by the District Control 

Committee and shall be kept confidential except when a violation of 

this Code is thereby disclosed. 

Each District Control Committee may consider and prepare uniform merchandising plans to be recommended to the Trade Relations 

Committee containing such provisions as may be deemed necessary 

or proper to insure fair selling methods by the manufacturers in the 

district and to prevent unfair competitive practices, and to consider 

and prepare for recommendation to the Trade Relations Committee 

any system of standardization of products necessary or advisable 

to insure fair selling methods, and to advise with the Trade Relations Committee upon any other matter pertinent to the purposes or 

administration of this Code. 

SEc. 4. Amendments.-Such of the provisions of this Code as are 

not required to be included therein by the National Industrial Recovery Act may, with the approval of the President, be modified or 

eli1ninated .as changes in the circumstances or experience may indicate. It is conte1nplated that from time to time supplementary 

provisions to this Code or additional Codes will be submitted for 
11 

the approval of the President to prevent unfair competition in price 

and other unfair and destructive competitive practices and to effectuate the other purpo es and policies of Title I of the National Indu trial Recovery Act con i tent with the provisions thereof. 

SEc. 5. Appeals.-(a) Any interested party shall have the right 

of complaint to the appropriate District Control Committee and 

of a prompt hearing and decision thereon in respect of any deci ion, 

rule, regulation, or course of action of such District Control Committee. Such complaint must be filed in writing with such District 

Control Committee within 30 days after receiving notice of such 

decision, rule, regulation, or course of action. The decision of such 

District Control Committee may be appealed by any interested party 

to the Trade Relations Committee. 

(b) Any interested party shall have the right of complaint to the 

Trade Relations Committee and of a prompt hearing and decision 

thereon in respect of any decision, rule, regulation, or course of 

action of the Trade Relations Committee. Such complaint must be 

filed in writing with the Trade Relations Committee within a reasonable time after such decision, rule, regulation, or course of action 

is issued or taken. 

(c) Any interested party shall have the right of appeal to the 

Administrator, under such rules and regulations as he may prescribe, in respect of any decision rule, regulation, or course of action, 

issued or taken by the Trade Relations Committee. 

(d) Any such complaint or controversy or any other question arising under this Code may, however, be submitted by the interested 

parties to arbitration under the Rules of the American Arbitration 

Association, and, in case of any submission to such arbitration, ths 

decision of the arbitrators shall be final. 

SEc. 6. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provision of Subsection (b) of Sec. 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions 

imposed by him upon his approval thereof. 

SEc. 7. Within each state, members of the trade/industry shall 

comply with any laws of such state imposing more stringent requirements, regulating the age of employees, wages, hours of work, or 

health fire or general "\\Orking conditions, than under this Code. 

SEc. 8. By assenting to this Code, the members of the Lime Industry do not thereby consent to any modification thereof and they 

reserve the right to object individually or jointly to any such 

modification. 

SEc. 9. This Code shall become effective on the tenth day after 

the date of its approval by the President. 
SCHEDULE A 

LIME INDUSTRY DISTRICTS 

District 1: Maine, New Hampshire, Vermont, Massachusetts, Connecticut, 

Rhode Island, and that portion of New York east of the 77th meridian. 

District 2: New Jersey, Delaware, Maryland, and that portion of Pennsylvania east of the 77th meridian. 

District 3: West Virginia and that portion of New York and Pennsylvania 

west of the 77th meridian. 

District 4: Virginia, North Carolina, and South Carolina. 

District 5a: The Ohio hydrated finishing lime plants and factories located 1n 

the state of Ohio, composed of the following: Herzog Lime & Stone Co., Forest, 

Ohio, Kelley Island Lime & Transport Co., White Rock, Gibsonburg, and Tiffin, 

Ohio; National Gypsum Company, Luckey, Ohio; National Lime & Stone Co., 

Carey, Ohio; National Mortar and Supply Co., Gibsonburg, Ohio; Ohio Hydrate 

& Supply Oo., Woodville, Ohio; Washington Building Lime Co., Woodville, 

Ohio; Woodville Lime Products Co., Woodville, Ohio; United States Gypsum 

Oo., Genoa, Ohio; Gibsonburg Lime Products Co., Gibsonburg, Ohio. 

District 5b: State of Ohio, except the hydrated finishing lime plants described 

1n District 5a above. 

District 6 : Michigan. 

District 7: Illinois, Indiana, and that portion of Missouri east of the 93rd 

meridian. 

District 8 : Wisconsin. 

District 9: North Dakota, South Dakota, Minnesota, and Iowa. 

Districts 10 & 11: Kentucky, Tennessee, Mississippi, Alabama, Georgia, and 

Louisiana east of the Mississippi River, Florida. 

District 12: Nebraska, Kansas, Oklahoma, Arkansas, Louisiana west of the 

Mississippi River, and that portion of Missouri west of the 93rd meridian. 

District 13 : Texas. 

District 14: Washington, Oregon, Idaho, Montana, and Wyoming. 

District 15: California, Nevada, Utah, Arizona, Colorado, and New Mexico. 

(12) 

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