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3 1262 08482 9497 ~ndment No. 2 Registry No. 1013-1-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL CLAY PRODUCTS 

INDUSTRY . 

AS APPROVED ON NOVEMBER 5, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE • 

WASHINGTON: 193'1 

For snle by the Superintendent of Documents, Washington, D. C. - - - • - - - - - Price 5 «>nts 
This publication i for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D. C. , and by district office!'l of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : GO-:l Post Office Building. Birmingham, Ala . : 257 F ederal Building. 

Bo ton, Ma s. : 1801 Customhouse. 

Buffalo, N . Y. : Ch-amber of Commer·e Builc1ing. Charlest on, S. C. : Chamber of Commerce Building. 

Chicago, Ill.: , uite 1706, 201 North Well · Street. 

Cleveland, Ohio : Chamber of C mmercc. 

Dalla:,;, Tex. : Chaml er of Commerce Building. 

Detroit, 1\Iich.: 801 Fil'st National Bank Building. 

Houston, Tex. : Clu:unber of Commerce Building. 

Inclinnapolis, Ind. : Chamber of Commer e Building. Jack. onville, Fla.: Chamber of Commerce Building. 

KausR~ City, l\Io.: 1028 Ba1timore Avenue. Los Angeles, C::11if.: 1163 South Broadwfly. 

Louisville, Ky. : 408 Feder al Bnildiu,.g. Memphis, Tenn. : 229 Federil.l Building. 

Minneapolis, l\filln. : 213 Feden1l B'uilcling. New Or1 an., La. : Room 225-A, Cu tomhouse. ~ew York, N. Y. : 734 Customb use. 

Norfolk, Yn. : 40G East Plume Stre-et. Phi1aL1elphia, Pu. : 422 Comm:erdai Trust Building. Pittsbm gb, Pa.: 'hamber of Oorumer ce Building. P ortla nd, Oreg. : 21G New Po, t Offi ·e Building. 

St. Loni , l\Io.: 506 Olive Street. :-5an Frnn ·i.:co, Cnlif.: 310 Customllou~e. 

Seattle, Wnsl1. : S09 Federal Office Building. 
Approved Code No. 123-.Amendment No. 2 

AMENDl:i'IENT TO CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL CLAY PRODUCTS INDUSTRY 

As Approved on November 5. 1934 

ORDI~R 

A1~PRovrxa AuENDl'IIENT OF CuvE 1 >:F FArn CoMPETITTON FOR THE 

STR T HAL CLAY PrmDl!CT:-:; L-ou.;TRY 

An application having b en duly ma<le pursuant to anu in full com- pliance with the provisions of Title I of the National Industrial Recovery Act, approved June 113, 1933, for the approval of an amen lment to a Code of Fair Competjtion for the Structural Clay Products Industry, and NOTICE OF OPPORTUNITY TO BE 

HEARD, Administrative Order 123-11, dated October 2, 1934, having been published and no objection havino- been filed as provided in 

said pub]ishe l notice, and the annexed report on said amendment con- taining findings with res1 ect thereto, having been made and directe l 

to t he P resident. 

NOvV, THEREFORE, on b half of the Pre ident of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, in"luding Executive Order No. 6859, and otherwise, does hereby incorporate by ref- erence aid annexed report and does 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 sai l Title of said Act, an l does hereby order that said 

amendment be and it is hereby approved, and that the previous approval of sai l Code is hereby amended to include an approval of , ail Code in its entirety as amended. 

NATIONAL INDUSTRI AL RECOVERY BOARD, 

By ,v. A. l-lARiiIM N, Aclmirdstratfr ·Officer. 

A I pro val recommende l : 

,v. p. ELLIS, 

Acting Divisi01 Adrni'.-nistralor. 

,v ASHINGTO ' D. C., Nove·m,b r o, 1394, 

95344°-1325- 26-~4 (1) 
REPORT TO THE PRESIDENT 

•The PnESIDENT, 

The White House. 

Sm: An application has been dul_y made pursuant to and in full 

c01npliance. with the provisions of the National Industrial Recovery 

Act, for an Amendment to the Code of Fair Competition for the 

Structural Clay Products Industry, submitted by the Code Authority 

for the said Industry. 

The existing provision of Article X of the Code for the said Industry, is entirely inadequate in view of Executive Order 6678 and 

'Administrative Order X-36, and it is therefore evident that the 

amendment to Article X of said Code, the provisions of which follow 

.closely t he t ext of the above mentioned Orders, ·yvill overcome the 

.existing inadequat e- prtn-:sions. 

FINDINGS 

Th.e Deputy Administrator in his final report to us on sa-id ·a-m'8ndment to said Code having found as herein set forth and on the basis 

of :all the proceeding's in thj matter : 

VV.e find that: 

(a) The amendment to said Code and the Code as am.endreti ;are 

,<\·:ell designed ·to pf'ffl.n-ote -the. po:lieies and purposes of Title I ,of 

the Nationai I nam~trial R.eeovery Act including th.e re.n1;oaral (Df ob1structions t.o ti:te free flow of i nterstate -and foreign ,coll).Jfi,er.ee which 

tend to diminish the anwunt thereof, and will provid-e. f.01· the ,gen-

-er:al welfare by pTomoting thB -01-:gwization -0f industi-:y for the 

purpose of cooperative a-cti.0-11 ftmoog trad,e _grorups, by im:iacili'g and 

m-a-intaining uuii.;ed a,ctiori of htbor· and ·management under .adequate 

gove.Trunental s-anetion ·and su1Jervision, by -eliminating unfair -e0111-

-g_;>,etitivie pr.actices1 by pX'omotin,g ihe fuli,e&i ;possible utilization -0£ the 

preii.ent producti:n~ ,cap:aci~y of in-d-usfo.ies, ·hy avoiding Iru..due nestricfrou ,of producti011 ( except as unay be t-empo,rarily :required}, by inv.re.as:ing the co1IBumpt.ion of inctus-trial an·d ,agricultural products 

th.rough ine1reasing· plirchaiirrg 1)owe;r_, iby nedRcing and r-e:liewing 

unfJ'Uploym.ent, by improving sta1~dards -0f labor, and by othenvise 

rehabilitating inrlustry. 

{b} Th~ Cod€ as .amend d oorn;i,.:>Lies i11 all respects with the pertineat ,provisions of said Title o.f s-aid A-ct, including without limitation sub-section (a) or Section 3, ·,ub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

( c) The Code empower the Code Authori~y to pr~s-ent the nforesaid amendment on behalf of the ·industry as a whole. 

(cl) The amendment and· the Code as amended are. no.t .dCcs~gned 

to and will not permit 111onopolies or monopolistic practices. 

( e) The amendment and the Code as amended ;are llOt designed 

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

operate to discriminate against them. 

(2) 
3 

(f) Tho e engacred in other st p of the economic I roce s haYe not 

been cl privecl of the right to be heard prior to a1 proval of said 

amendment. 

For the e reasons, therefore, w have approved this amendment. 

For the National Indu trial Reco, ery Board: 

,v. A. HARRHIAN' 

N OVEJ\IBER 5, 1934. 

Aclrninistrative Ojjice_r. 
AMENDMENT TO CODE OF FAIR COM:PETITION FOR 

TI-IE STRUCTURAL CLAY PRODUCTS INDUSTRY 

Delete Article X in its entirety and ubstitute there.for the :following: 

(a) It being found necessary in order to support the administration of this Code and to maintain the standards of fair competition 

established hereunder and to c:ff ectirn te the policy of the Act, the 

Code Authority is authorized: 

( 1) To incur such rea onable obligations as are necessary and 

proper for the foregoing purpose and to meet such obligations out 

of fund which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Co le; 

(2) To submit to the Administrator for his approval, subject to 

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

(1) an itemized budget of its estimated expense.· for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budo-et shall be contributed by memb/:\rs of the industry; 

(3) A.fter such budget and basis o.f contribution have been approved by the Admini trat0r, to determine and obtain equitable contribution as above set forth by all members of the industry, and to 

that end, if nece ·sary, to institute legal proceeding therefor in its 

own name. 

(b) Each meinber of the industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

members of the industry complying with the Code and contributing 

to the expenses of its administraton as hereinabove provided, unless 

duly exe1npted from making such contribution, shall be entitled to 

participate in the selection of members of the Code Authority, 

Branch Committee , Regional Committees or any other Administrative Agencies herein e tablishecl or to receive the benefits of any of 

their voluntary activities or to make use of any emblem or insignia 

of the National Recovery Administration. 

( c) The Code Authority shall neither incur nor pay any obligation substantially in excess of the a.mount 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 estimate~ except those which the Administrator shall have so approved. 

(d) The Code Authority shall designate any of the trade a ociations submitting this Code or any other appropriate agency or 

agencies, to assist it in maintaining its accounts, determining such 

proportionate shares and in securing the collection thereof. If a 

(4) 
5 

manufacturer makes more than one of the •ey ral product covered 

by thi Code In hall bear his proportionat s.hare f the xpense in 

ach branch of the indu tr}. 

( e) Each trade a ·ociation or agency fr m th fund thu · lected shall pay the proportiona'- share for its branch of tl 

Authority's expen ·e as apporti ned by the ode uthori'-y. 

(f) Each trade association or ag nc from the funds collec d 

shall al o pay the expen e of the branch committee of it branch of 

the inclu try incurred in connection with its dutie under the Code. 

(g) Each trade a sociation or agency s;hall pay out of the funds 

collected any expen e authorized to be in nrrecl by nny r gional 

committee of its branch. 

(h) Every manufacturer shall re1 ort to th trade a . ociation or 

a ·ociation · or uch agency or agencies a the Code Authori y shall 

determine, and at uch time a · the ode nthorit: hall pecify, the total shipments an l lcliYerie. from hi· plant, or planL of lay 

products cla ifiecl a"corcling to requirement , e'" by the Code Authority. To £ail to r port, or falsely to report, shipment shall be 

a violation of this Code. 

Approved Cod o. 123-Amendment •0. 2. 

Regi try No. 1013-1-03. 

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