Registry No. 1303-09 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

'NATIONAL CLAY MINING 

INDUSTRY 

AS SUBMITTED ON SEPTEMBER 5, 1933 

WE DO OUR PART 

The Code for the National Clay Mining Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval o f 

the National Reco very Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFIGE 

WASHINGTON : 1933 

I I 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
SUBMITTED BY 

A 1ERICAN CLAY ASSOCIATION 

(ll) 

• 
CODE OF FAIR COMPETITION FOR THE NATIONAL CLAY 

MINING INDUSTRY 

STATEMENT 

1. Clay is a basic raw material that is produced in rather limited 

areas in various ections of the United States. The total amount 

sold by producers in 1931 amounted to approximately $10,000,000. 

Thus it is evident that the industry does not bulk large as compai·ed to some of the basic indu.stries, but it has sufficient scope to 

warrant due con ideration for the future welfare of its producers 

and their employees. 

2. Some of the principal u es of the products of the raw clay industry are in the manufacture of paper, paint, rubber, ceramics, 

abrasives, in ulation, adhesives, and numerou miscellaneous products. 

3. The clay production is chiefly centere l in isolated localities, 

usually rural in character. Labor, which is almost entirely unskilled, 

is recruited locally from neighboring farms, and at certain times 

of the year offers a real problem in shortage of workers. :Many clay 

mining camps furnish living quarters and other home facilities for 

the workmen, to the end that expenses are quite nominal. 

4. Overproduction, excess capacity, and the accompanying feature 

of extreme price cutting have been common to this industry, along 

with many others, and it is imperative that some state of rehabilitation come about by way of realization of cost of production plus a 

reasonable profit. This, if the producers are to discharge their 

responsibilities under the National Industrial Recovery Act by providing more jobs to the workers with some emblance of a wage 

that will result in a decent standard of living. 

5. Foreign competition is an item of serious consequence to many 

of the American clay producers, and it is felt that the F ederal Government should lend a considerate ear to the proposition of more 

ample protection to the home industry if costs are to be increased 

via higher wages and shorter hours for the workers. 

6. Failure at rehabilitation can only end in final wrecking of the 

capital structure of the indu try, with resulting hardship to many 

workers in various localities. 

PROLOGUE 

The primary purpose of this Code is to bring about effective 

cooperation of the clay industry in compliance with Title I of the 

National Industrial Recovery Act. In the proposed rehabilitation 

of the clay industry as outlined in this Code, the promotion of 

monopolies, or suppression of small industries is not intended. All 

recognized producers, regardless of size, are given a voice as to the 

9700--33 {1) 
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. haping of policies and rules of administration that are so vital to 

their future welfare. 

It is believed that the adoption of thi Code will result in restoration of income within the industry to an extent that will 1nake possible the payment of fair wages to worker · therein, with consequent 

increased tandar l of liYing to all; and at the same time avoid further depletion an l destruction of capital as ets. 

ARTICLE I-DEFINITIONS 

SECTION 1. Clay Producer.-As designated in thi Code a clay 

producer is consi lered as any recognized organization regularly engaO'ed within the boundaries of the United States in the business of 

mining and preparation of clay for ale to the trade in free competition with other producerc::. Specifically not included in this definition is the producer that mine clay for consmnption solely in the 

manufacture of finished products by the same company. If, however. the producer sells clay through competitive channels, as raw 

material, to others outside of his own company, then he is considered 

as a clay producer within the meaning a herein defined. 

SEc. 2. E11~ploy ees .-The term '~employee" as used in this Code 

shall apply to and include all persons engaged in the mining and 

preparation of clays, but shall not embrace repair crews, office or 

clerical help, salesmen, or executives, except insofar as it is necessary 

to adjust the hours and work of this class in compliance with the 

intent of the National Industrial Recovery Act. 

ARTICLE II-PARTICIPATION 

SECTION 1. M mnbership.-Participation in this Code and any subsequent reYisions or additions to the Code, shall be extended to any 

person, partnership, or corporation in the clay producing industry 

who accepts his share of the cost an l responsibility, as well as the 

benefit, of uch participation by becoming a member of the American 

Clay A ociation or any affiliated organization. 

SEc. 2. Dues.-An initiation or entrance fee of $15.00 shall be 

charged to applicant entering individually, and not as a member of 

a divisional group affiliate. In the case of a divisional group where 

a definite organization has been effected to embrace the clay producer in a pecific area, or type of clay, such a group n1.ay affiliate 

with the American Clay A sociation and become active participants 

of the Code upon payment of $15.00 for each divisional member. 

Yearly membership clue. shall be levied, based upon previou year'. 

Yolume of sales a follow : 

Class A-Annual Volume of less than $25,000, $25.00 per year. 

Class B-Annual Volume of $25,000 to $50,000, $50.00 per year. 

Class C-Annual Volume of $50,000 to $75,000, $75.00 per year. 

Class D-Annual Volume of $75,000 to $100,000, $100.00 per year. 

Class E-Annual Volume of $100,000 to $200,000, $150.00 per year. 

Class F-Annual Volume of $200,000 to $300,000, $200.00 per year. 

Class G-Annual Volume of $300,000 and over, $250.00 per year. 

SEc. 3. Voting.-On any question of national scope and involvinO' 

more than one division that is brought to a vote of members of th~ 
3 

Code, whether in open meeting or by mail, each clay producer shall 

have one vote. Any member may vote at a meeting by proxy, if 

same be duly executed in writing by the member and filed with the 

Executive. Secretary. 

ARTICLE III-DIVISIONS OF THE INDUSTRY 

SECTION 1. Powers.-For the purpose of administration of this 

Code the clay industry hall be composed of divisions and and individual finn memberships as shown in Appendix I, which is hereby 

constituted a part of this Code. Each such division shall designate 

or establish its own administration agency or agencies, and shall be 

independent and have full power of self-government in respect to all 

conditions and problems relating exclusively to the said division. 

Individual firm members who belong to the Association but are 

not a member of a divisional group shall be governed, insofar as 

application of the Code is concerned, by the tenets of the As ociation 

and shall come under the direct administration of the National 

Emergency Committee. 

Proposals in respect to matters affecting more than one division 

may be initiated by any division or combination of three or more 

individual me1nbers, and shall be submitted for consideration to the 

Emergency National Committee of the clay industry, hereinafter described, and its determinaton shall be binding upon all divisions and 

individual firm members. 

SEc. 2. New Divisions.-Additional divisions of the clay industry 

may be established upon application of any duly constituted group, 

subject to approval of the Emergency National Committee hereinafter described; such divisions to have due representation on the 

Emergency National Committee of the Clay Industry. 

SEc. 3. Executive Oo171/ll~ittee.-E~ch division shall set up an 

Executive Committee for the purpose of administering the provisions 

of the Code, to secure adherence thereto, to hear and adjust complaints, to consider propo als for amendments thereof, and exceptions 

thereto, and otherwise to perform within the division the purposes 

of the National Industrial Recovery Act as et forth in this Code. 

In the case of an individual firm membership, the Executive Committee for that firm shall be the Emergency National Committee, 

hereinafter described. 

ARTICLE IV-LABOR ConE 

SECTION 1. Rights of LaboT.-In accordance with sub ection (a) 

of Section 7 of the National Industrial Recovery Act the Code for 

the clay industr3 shall be subject to the following conditions: 

(a) That 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 purpose of collective bargaining or other mutual aid or protection; 

(b) That no employee and no one seeking employment shall be 

required as a condition of employment to jmn any company union 
4 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and 

(c) That 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. Hours of Labor.-Except in the case of executives, those 

employed in supervising capacities, technical staffs, watchmen, and 

emergency work occasioned by breakdowns and other factors beyond 

control, no member of the Code shall cause or permit any employee, 

including office and clerical help, to work more than 1,040 hours per 

six-month period, or 210 hours per month or 60 hours per week or 10 

hours per day. 

Since practically all clays are produced in open pits, weather conditions control production. It is therefore necessary that, if employees are to average anything like 40 hours per week during a 

six-month period, they n1ust be allowed the opportunity to work 60 

hours per week at times when weather permits. 

SEc. 3. Employment of Minors.-No member of the Code shall 

knowingly employ in the clay industry any person under 16 years 

of age. 

SEc. 4. Rates of Pay.-After a study of the differences in living 

costs and general economic conditions obtaining in various sections 

of the United States, the following schedule of minimum wage rates 

for common labor has been established and made a part of this 

Code: 

Rate per Hour 

Kentucky, Tennessee, Missouri_ _______________________________________ . 25 

Pennsylvania, Delaware, West Virginia, Virginia, Arkansas ___________ . 22% 

North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida, 

Louisiana---------------------------------------------------------- . 171h 

All other States------------------------------------------------------ .30 

The above schedule shall be the minimum rates per hour to be paid 

to common labor by members of the Code in their respective divisions (not including apprentices and learners) until such time as the 

rates may be changed by amendment to the Code. Such rates of pay 

shall not, however, be understood as the maximum that an employer 

may pay in any division. 

No piecework shall be permitted which will decrease the minimum 

hourly wage or increase the number of hours worked per week provided for in this Code. 

The minimum wage for office and clerical help shall not be less 

than $14.00 per week in the North, and $13.00 per week in the South. 

ARTIOLFI V-EMERGENCY NATIONAL COMMITTEE 

SECTION 1. Represent(J;tion.-There shall be an Emergency N ational Committee of the clay industry consisting of one representative for each organized division, selected by said division in accordance with the laws governing that body; one representative at large 

for each divisional member, up to a limit of five; one member at large 

to be elected by and representing tfie individual firn1 members; and 

in addition, the President and Executive Secretary of the American 

Clay Association. Each member of the Emergency National Com-
5 

mittee shall have one vote, which vote may be cast by written proxy 

in case of absence from any meeting of that member. 

SEc. 2. Powers.-This Emergency National Committee shall be 

the general planning and coor~inating agency of the in_dustry. ~ll 

members shall be invested w1th full power from the1r re pectlVe 

source to act conclusively in respect to all matters before the committee for consideration and within its jurisdiction. The committee 

hall have powers and duties as provided herein, and in addition 

thereto it shall-

( a) from time to time require to be filed with the E .xecutive Secretary of the American Clay Association such reports and information from divisions and/or all members thereof, or individual firm 

members of the Code, as in its judgment may be necessary to advise 

it adequately of the administration and enforcement of the provisions of this Code; the information thus filed with the Secretary 

to be strictly confidential and available to him only in original form. 

The data shall then be compiled by the Secretary in such fashion as 

to be in secret code form before presentation to the National 

Emergency Committee; 

(b) require, when deemed necessary, that such reports and information as mentioned above, shall be accompanied by affidavits 

certifying as to the accuracy thereof; 

(c) upon complaint of interested partie , or upon it own initiative, make such inquiry and investigation, through the Executive 

Secretary, into the operation of this Code as may be necessary; and 

(d) make rules and regulations necessary for the administration 

and enforcement of this Code. The Committee may delegate any of 

its authority to the National Control Committee, hereinafter provided and may designate such agents as it shall determine; and 

(e) designate as a violation of this Code failure of any member to 

supply within a reasonable time such reports and information as 

mentioned in (a) of Section 2, Article V. 

ARTICLE VI-BASIS FOR FAIR SELLING 

Subject to a two-thirds majority vote of the membership of a 

division, the Divisional Executive Committee may adopt the provisions hereinafter outlined in Article VI in regard to Fafir S elling. 

SECTION 1. Selling Below1 Oost.-No clay producer shall sell his 

product below the annual average cost for that type and form of clay 

produced in his division or subdivi ion. In the case of an isolated 

individual firm member of the Code that is not a member of a division, then his own annual average cost shall be the 'figure below which 

he shall not sell his product. 

SEc. 2. OlfMsifi(}{()tion of Olays.-For the purpose of determining 

the annual average cost, more particularly defined hereinafter, each 

divisional Executive Committee shall, where necessary, and within 

GO days after acceptance of the Code, create subdivisions within a 

eli vision in order to group producers operating under the same 

approximate economic forces. Then within the subdivision a classification of clays shall be made accordingly as the Executive Committee finds necessary to conform to the dictates of producers 

affected. Thi classification at the discrimination of the Committee 
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may include several basic types and forms of clays, or the Committee 

1nay decide to confine classification and subsequent co t determination to only one clay, the simplest and cheapest form of clay produced within a division or subdivision, and make the prohibition 

against selling below the annual average cost to this one clay only in 

that division or subdiYision. In any event, the final classification 

shall be the basis for application of the average annual cost and 

principle of prohibiting sale below that figure. The clas ifica tion 

1nay be revi eel at any time by the Executive Committee. 

SEc. 3. Uniform Cost Accounting.-The Executive Committee for 

each division shall e tabli h a uniform list of cost items for incorporation by each clay producer within the division or ubdivision in 

all calculations of costs that are to be used, as hereinafter proYidecl, 

in arriving at the average annual cost within a divj ion or subdivi ion 

for a particular type and form of clay. 

SEc. 4. Annual Ave?'a,ge OoS't.-The Executive Committee of ea~h 

division in collaboration with the Executive Secretary of the American Clay Association shall within 90 days after acceptance of this 

Code determine from data submitted to the Executive Secretary by 

order of the Emergency National Committee, the average annual cost 

for the preceding calendar year on clays within the provided classifications of a division or subdivision. Then for the current calendar 

year, this average annual cost shall be the figure below which no producer shall sell clay of the pecified class. 

SEc. 5. 111 eclwnics of Application of the Principle Ag(J)inst Sale 

Below Oost.-As soon as the Executive Committee for a clivi. ion 

finishes the classification and subsequent annual average co t determination (all within 90 days after acceptance of the Code) corresponding to that classification, the producers are to be notified 

accordingly and are all thereafter subject to the pr~hibition against 

sale of any clay belo\Y the annual average cost figure indicated. 

If any producer, after recei\ ing the notification, feels that the annual average cost a applicable to his clay is unfair to his operations, 

he shall have a right to reque t the Executive Committee for a reconsideration of the case; meanwhile a stay of application shall be 

exacted again t the rule of sale 1 ending investigation. If the Executive Committee rules adver ely, then the producer may appeal to the 

Emergency National Committee for a review, and the decision of 

this body shall be final and binding upon all concerned. 

The Emergency National Committee shall have power to make 

such exceptions to any of the provisions under the foregoing Section'::i 

of Article VI regardino· annual average costs and cia sification o:f 

clays to the extent deemed necessary by them to prevent unfair 

operation in exceptional cases. 

None of the foregoing provisions of Section 5 shall be applied to 

the individual firm member that is not a member of a division. unless 

the individual member requests application of the })rincir)les involved; in which case the Emergency National Committee shall act 

in the same capacity a the Executive Committee act for a division. 

SEc. 6. Unifonn 01·edit PTactices.-Each divisional Executive 

Committee may establish credit practices, uniform within any division or subdiYision which shall be binding upon all producer within 

that division or subdivision. In the case of individual firm member:::: 
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not belonging to a clivi ion fair credit I ractices may be establisheJ 

b. the Em rgency National Committee in conjunction with the producer a:ff ted. 

ARTICLE VII-INDUSTRY REGULATIO JS 

SEcTrox 1. ~iw keting Codes.-The Emergenc National Cominittee and/ or each Divisional Executive Committee may e tablish a 

marketing Code with provi ions with respect to : 

1. group elling · 2. cla ification of outlet or purchasers and recognition of tandard and economically justifiable price differential among them· 

3. adoption of uniform grading of products; 

4. simplification and standardization of products; 

5. cooperative advertising for the industry; 

6. collection~ and interchange of credit information; 

7. cooperative administration of insolvent debtor ; 

8. andj or other aspects of marketing. 

SEc. 2. Trade Practice Rwles.-The following practices are hereby 

declared to be unfair methods of competition within the meaning of 

the National Indu trial Recovery Act: 

1. The payment or allowance of secret rebates, refunds, discounts, 

commissions, or other special considerations, whether in the form of 

money or otherwise; or secretly extending to certain purchasers special services or privileges not extended to all purchasers under like 

terms and condition , as well as the secret allowance of transportation costs, the giving of extra discounts or datings or special credit 

terms which likewise are not extended to all purchasers under like 

terms and conditions, and the giving of donations gifts, or gratuities 

of any nature whatsoever. 

2. To give, directly or indirectly, or to permit to be given, or to 

offer money or anything of value to agents, employees, or representatives of customers or prospective customers as an inducement to 

influence their employer or principals to purchase or to contract to 

purchase clays from the maker of such a gift or offer, or to influence 

such employers or principals to refrain from dealing or contracting 

to deal with competitors. 

3. The issuance of incorrect or fraudulent invoices or other documents covering the sale of clays in which the prices, term , discounts, 

allowances, or any other conditions or terms of sale or facts relating 

thereto are incorrectly stated. Also the issuance of invoices or other 

documents with the under tanding that the buyer is to pay a pnce 

or recei1 e any considerations that are different from those shown on 

the invoice. 

4. To discriminate either directly or indirectly between different 

purchasers of the same class either as to the price charged for clays 

or as to other conditions of sale; provided that nothing herein contained shall prevent discrimination in price between purchasers of the 

same class on account of the difference in grade, quality, or quantity 

of clays sold ; and provided further that nothing herein contained 

shall prevent persons engaged in producing clays from selecting their 

own customers in bona fide transactions and not in restraint of trade. 

5. No producer governed by this Code shall permit his products to 
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be handled by a middleman standing between a producer and con~ 

sumer who violates the provisions of this Code of fair competition. 

In addition to the above rules each divisional Executive Committee 

shall adopt fair trade practice rules relating to the practice peculiar 

to that Division. 

ARTICLE VIII-N .A TION .AL CoNTROL CoMMITTEE 

SECTION 1. The Emergency National Committee of the clay industry shall appoint from its own membership a National Control 

Committee of four members, including the Executive Secretary. 

The National Control Committee shall exercise such authority as 

may have been delegated to it by the said Emergency National 

Committee. 

All communications and conference of the clay industry with the 

President or with his agents concerning the approval or amendment 

of this Code or of any of its provisions, or any matters relating 

thereto, shall be through the said National Control Committee. The 

National Control Committee shall serve as an executive agency for 

the Emergency National Committee of the clay industry, and shall 

be charged with the enforcement of the provisions of this Code. 

Any action taken by the National Control Committee shall be 

subject to the will of the Emergency National Committee. 

ARTICLE IX-GENER.AL 

SECTION 1. This Code and all provisions thereof are expressly 

made subject to the right of the President of the United States in 

accordance with the provisions of Clause 10 (b) 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 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. 2. The Emergency National Committee of the clay industry 

and the National Control Committee shall from time to time make 

to each Division established or to be established under the provisions 

of this Code, or to individual firm member such recommendations,. 

including amendments of the Code as in their judgment will aid 

the effective administration of this Code or may be necessary to 

effectuate within the clay industry or within any division thereof the 

purpose of the National Industrial Recovery Act as administered. 

SEo. 3. Amendment of this Code may be proposed by any established division, or any combination of three individual firm members,. 

to the Emergency National Committee, or may be initiated by it, 

and after approval by two third of the members of the Code, and 

not disapproved by the President, shall be effective. 

SEc. 4. Violation by any Member of the clay industry of any 

provisions of this Code, or of any approved rule issued thereunder, 

i an unfair method o£ competition. 

SEc. 5. This Code and amendments thereto hall be in effect beginning ten days after it approval by the President of the United 

States. 
APPENDIX I 

MAJOR CLAy PRODUCING REGIONS liAVIN'G SIMILAR PROBLEMS 

1. New England and New York. 

2. Ea tern Pennsylvania, New Jer ey, Delaware, Maryland. 

3. West Virginia, hio, We tern Pennsylvania. 

4. Virginia, North Carolina. 

5. South Carolina, Georgia, Alabama, Florida, Mississippi. 

6. Kentucky, Tennessee, and Missouri. 

7. Indiana, Illinois, Michigan, Wisconsin, Minnesota. 

8. Other States West of the Mississippi River and East of the Rocky 

Mountains. 

9. States West of the Rocky Mountains. 

(9) 

I 
CONSTITUTION OF THE AMERICAN CLAY ASSOCIATION 

ARTICLE I-NAME 

The name of this Association shall be known as the American Clay 

Association. 

ARTICLE II-OBJECTS 

SECTION 1. The object of the Association shall be the promotion of more 

friendly business relations, mutual confidence, helpfulness, and good will among 

its members, and all others interested in the industry. 

SEc. 2. Its further purpose shall be to disseminate knowledge pertaining to 

the industry and to work for the establishment of a greater efficiency in the 

methods and improvement in the practices of the industry. 

ARTICLE III-MEMBERSHIP 

SECTION 1. Any individual, corporation, firm, or partnership in the business 

of producing and selling clay in open and competitive markets as a raw material 

used in the manufacture of products of which clay is a part, may upon the 

recommendation of the Board of Directors of the Association become a member 

upon subscribing to the Constitution and Bylaws and the payment of the 

initiation fee and dues for the current year. 

SEc. 2. Self-governing regional group societies may affiliate with the As ociation and become a divisional part thereof by subscribing to the Constitution and 

Bylaws and paying the initiation fee and dues hereinafter prescribed. 

SEc. 3. Each member shall designate which officer of the individual, corporation, firm, or partnership, or member of the firm, or such other person, shall 

r epresent such individual, corporation, or partnership, at the meetings of thjs 

Association, and such officer of the corporation or member of such firm, or such 

other person, shall be privileged to act as the representative of the corporation 

or firm so designating him at any meeting of this Association. If representative 

is not an officer or member of the corporation or firm he shall be provided by 

them with proper creel en tials. 

SEc. 4. Resignation from membership shall be presented in writing, addressed 

to the Board of Directors, and forwarded to the Secretary and must be filed n t 

least thirty (30) clays prior to the expiration of the member's annual term. 

No resignation . hall be considered by the Board of Directors unless his clues and 

other obiigations have been paid at the time the resignation is filed. 

ARTICLE IV -OFFICERS AND DIRECTORS 

SECTION 1. Officers of this Association shall consist of President, Vice President, Treasurer, Secretary, and Executive Secretary. 

SEc. 2. The Board of Directors shall be the governing body of the Association 

and shall consist of members chosen as hereinafter provided. 

SEc. 3. One (1) Director shall be elected from each division. One (1) Director shall be elected by the miscellaneous individual firm members. In addition 

there shall be elected one (1) Director at large for each Director elected by 

a division, up to a maximum of five Directors at large; not including the special 

director at large to be elected by the miscellaneous individual firm members. 

All Directors are to be elected at the annual membership meeting of the Association. Voting for Directorships at the annual membership meeting shall be 

by ballot, and any absent member may vote by duly authorized written proxy. 

All directors shall hold office for one (1) year, or until their successors have 

been duly elected. Any vacancy occurring on the Board shall be filled by vote 

of the electorate from which the vacancy occurs. 

(10) 
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SEc. 4. All officers and directors shall serve without compens·ation, ex ·ept the 

Executive Secretary, the amount of whose compensation shall be fixed by the 

Board of Directors. 

Sro. 5. All officers except the Executive Se -retary ball be elected by the 

Board of Directors from their own number and shall hold office for one year 

or until successors haYe been duly elected. 

SEJo. 6. The management of the As ociation shall be vested in the Board of 

Directors. The Board of Directors may vest the active management in an 

Executive Committee of such size and chosen in such a manner as the Board 

of Directors may decide. 

.ARTIOLEJ V-MEIE.TINGS 

SECTION 1. The Annual Meetino- of the Association shall be held at such date 

and place as the Board of Directors shall name. Due notice of such meeting 

shall be sent by mail to each member at his last known address by the Secretary 

at least ten days in ·advance. 

SEJC. 2. In addition to the Annual Meeting, the Association shall hold further 

meetings at such time and place as may be designated by the previous meeting 

of the Association or by the President and the Board of Directors in the 

absence of such specific instructions. 

M'I'ICLEJ VI -QUORUM 

At all meetings of the Association a majority of the members there present 

in person or by written proxy shall be necessary to constitute a quorum. 

ARTIOLE VII-AMENDMEN'IIS 

Any addition, alteration, or amendment to the Constitution shall be presented 

in writing at the regular meeting of the Association and may be adopted by a 

two thirds vote of all the members present at such meeting, provided notice 

in writing giving full text of ·any proposed amendment shall have been mailed 

to each member at least thirty lays prior to the elate of the meeting. 
BYLAWS OF THE AMERICAN CLAY ASSOCIATION 

ARTICLE I-DUTIES OF OFFICERS AND DIRECTORS 

SECTION 1. The President shall preside at all meetings and shall assume the 

general supervision of the affairs of the A sociation under the direction of the 

Board' of Directors. 

SEO. 2. The Vice President shall perform all the duties of the President in 

case of the absence of the latter. 

SEo. 3. The Treasurer shall keep a correct account of funds receiYed for and 

on behalf of the Association and shall deposit same in such depository as the 

Board of Directors may designate, and at each meeting he shall submit detailed 

statement of rece·ipts and expenditures. The Treasurer shall pay all bills for 

which the A· ociation may become obligated as determined by the Board of 

Directors. 

SEo. 4. The Secretary shall keep the minutes of the meetings of the Board 

of Directors and the minutes of all the meetings of the members of the Association in a book provided for the purpose; he shall also maintain a roll of 

membership, and in addition perfoTm such other duties as may fall to his lot aS~ a Secretary. 

SEo. · 5. The Executive Secretary shall have activ·e charge of the affairs of 

the Association under the direction of the Board of Directors. He shall perform 

such duties as may be outlined by the said Board. 

SEc. 6. The Board of Directors shall meet at the call of the President, and 

may adopt such rules and regulations for its government as will promote the 

interest of the Association without conflicting with the Constitution apd Bylaws 

thereof. The Annual Meeting of the Board of D:rectors shall be held immediately following the Annual Meeting of the Association; and at this meeting 

the officers for the ensuing year shall be elected from the Board membership. 

SEc. 7. A majority of the Board of Directors when present shall constitute 

a quorum, but if less than a quorum is present at such meeting then adjournment may be ordered for such future date as shall be designated. 

SEo. 8. The Board of Directl)rs shall pass upon applications for membership, 

and all such proposals for membership shall be presented to the Board of 

Directors before action is taken. A majority of votes shall constitute an 

election. 

ARTIOLFJ II-ORDER OF BUSINESS 

The order of business for meetings of the Association and Board of Directors 

shall be, 

1. Reading the minutes of the last meeting. 

2 .. Reports of standing committees. 

3. Reports of special committees. 

4. Reports of officers. 

5. Report of Board of Directors. 

6. Election of officers. 

7. Election of new members. 

8. Unfinished business. 

9. New business. 

10. Adjournment. 

ARTICLE Ill-FEEls AND DUES 

The iniation fee shall be $15.00 for each firm member, whether member- ship is through divisional affiliation, or direct election. The annual dues of all 

members, whether individual or divisional, shall be levied, based upon the previous year's volume of sales, as follows: 

Class A-Annual Volume of less than $2.5,000, $2.5.00 per year. 

Class B-Annual Volume of $2'5,000 to $50',000, $50.00 per year. 

(12) 
13 

Clas 0-Annual Volume of $50,000 to $75,000, $75.00 per year. 

Clas D-Annual Volume of $75,000 to $100,000, $100.00 per year. 

Class E-Annual Volume of $100,000 to $200,000, $150.00 per year. 

Class F-Annual Volume of $200,000 to $300,000, $200.00 per year. 

Class G-Annual Volume of $300,000 and over, $~50.00 per year. 

Due · hall be payable quarterly. 

ARTICLE IV-AMENDMENTS 

A!mendments to the Bylaws may be made at any regular or special meeting of the Association. Due notice of such amendment and reasons thereof shall 

be given by mail in writing to all members of the Association at his last known 

address at least ten clays. in advance of the meeting at which the amendment 

is to be voted upon, and the amendment to be adopted must receive a majority 

vote of all member present in person or by written proxy. 

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UNIVER S ITY OF FLO R IDA 

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