UNIVERSITY OF FLORIDA

3 1262 08482 9141 nent No. 1 Registry No. 1023-02

NATIONAL RECOVERY ADMINISTRATION

AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE

WHOLESALE MONUMENTAL

GRANITE INDUSTRY

AS APPROVED ON OCTOBER 27, 1934

MEM E R

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 419-Amendment No. 1

AMENDMENT TO CODE OF FAIR COMPETITION

FOR THE

WHOLESALE MONUMENTAL GRANITE INDUSTRY

As Approved on October 27, 1934

ORDER

APPRovINo AMENDmIENT OF CODE OF FAIR C074PETITION FOR THlE

WhOLESALE MON UMIENTAL GRANITE INDU STRY

An application having ben duly ma(Ie pursuant to anl in full

compliance with the provisions of Title I of the National Indiistrial

Recovery Act, approved June 16, 19.3, for the approval of an

amendment to a Code of Fair Competition for the YWlolesale [onumental Granite Industry, and NOTICE OF OPPORTUNITY TO

BE HEARD, Administrative Order 449-5, dated September 15, 1931, having been published and no objection having been filed as

provided in said published notice, and the annexed report on said

amendnvent containing finlind s with respect thereto, h]aving, been

made and directed to t1he President.

NOW, THEREFORE, on behalf Of the President of the United

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including

Executive Order No. 6859, and otherwise, does hereby incorporate

by reference said annexed report and does find that said amendment

and the Cede as constituted after being amended comllv in all

respects with the pertinent provisions and will promote the policy

and purposes of said Title of said Act, and du hereby order that

said amendment be and it is hereby approved, and that the previous

approval of said Code is hereby amended to include an approval

of said Code in its entirety as amended.

NATIONAL INDUSTRIAL RECOVERY BOARD,

By G. A. LYNcH, Administrative OffeCer.

Approval recommended:

W. P. ELLIS,

Acting Division Administrator.

WASHINGTON, D. C.,

October 27, 1934.

94041- 1244-106--34 (1)
REPORT TO THE PRESIDENT

The PRESIDENT,

The W white House.

Sir: An application has been duly made pursuant to and in full

compliance with the provisions of the National Industrial Recovery

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

Wholesale Monumental Granite Industry, submitted by the Code

Authority for the said Industry.

The existing provision of Article VI, Section 13 of the Code for

the said Industry, is entirely inadequate in view of Executive Order

667S and Administrative Order X-36, and it is therefore evident that

the amendment to Article VI of said Code, the provisions of which

follow closely the text of the above mentioned Orders, will overcome

the existing provisions.

FINDINGS

The Deputy Administrator in his final report to us on said

amendment to said Code having found as herein set forth and on

the basis of all the proceedings in this matter:

We 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

obstructions to the free flow of interstate and foreign commerce

which tend to diminish the amount thereof, and will provide for

the general welfare 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 governmental sanction and supervision, by eliminating unfair

competitive practices, by promoting the fullest possible utilization of

the present productive capacity of industries, by avoiding undue

restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving

unemployment, by improving standards of labor, and by otherwise

rehabilitation' industry.

(b) The Code as amended complies in all respects with the pertinent provision of said Title of said Act, including without linitation sub-section (a) of Section 3, sub-section (a) of Section 7 and

sub-section (b) of Section 10 thereof.

(c) The Code empowers the Code Authority to present the aforesaid amendinent, on behalf of the industry as a whole.

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

to and will not permit monopolies or monopolistic practices.

(2)
(e) The amendment and the Code as amended are not designed

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

operate to discriminate 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

amendlmeint.

For these reasons, therefore, we have approved this amendment.

For the National Industrial Recovery Board:

G. A. LYNCH,

Adm initiative 0/fleer.

OcToLBER 27. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE

WhOLESALE MONUMENTAL GRANITE INDUSTRY

Delete Section 13 of Article VI and substitute therefor t)e

following:

SiCTiox 13. PartioJpat on in tiw Cod.-(a) It being found necessary in order to support the administration of this Code and to

ma inLain the standards of fair competition established hereunder

and to effectuate the policy of the Act, the Code Authority is

authorized:

(1) To incur such reasonable obligations as are necessary and

proper for the foregoing purposes and to meet such obligations out

of funds which may be raised as hereinafter provided and which

shall be held in trust for the purposes of the Code:

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

such notice and opportunity to be heard as he may deem necessary

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

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

to support such budget shall be contributed by members of the

industry;

(3) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the industry, and to

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

own name.

(b) Each member 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 administration as hereinabove provided, unless

duly exempted from making such contribution, shall be entitled to

participate in the selection of members of the Code Authority or

to receive the benefits of any of its voluntary activities or to

nmke 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 amount thereof as estimated in its approved budget, and shall in no event exceed the total amount contained in the approved budget, except upon approval of the

Administrator ; and no subsequent budget shall contain any deficiency

item for expenditure in excess of prior budget estimates except

those which the Administrator shall have so approved.

Delete Section 15 (m) of Article VL Change Subsection 15 (n)

to read Subsection 15 (m), change Subsection 15 (o) to read Subsectioi 15 (n). and change Subsection 15 (p) to read Subsection 15 (o).

Approved Code No. 449-Amendment No. 1.

Registry No. 102,3-02.

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