Approved Code No. 71-Amendment No. 3 Registry No. 619-1-03 

NATIONAL RECOVERY ADMINISTRATION 

( 

AMENDMENT TO \ \ ~ 

CODE OF FAIR COMPETITION 

FOR THE 

PAINT, VARNISH, AND 

LACQUER MANUFACTURING 

INDUSTRY 

AS APPROVED ON SEPTEMBER 27, 1934 

WE DO OUR PAR,: 

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~S ... DEPee!TORY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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DISTRICT OFFICES OFT-HE DEPARTMENT O.F -COMMERCE 

Atlanta, Ga.: 504 Post -Offiee Buildit1g. 

Birmingham, Ala.: 257 F:ederttl Ruilding. 

Boston, Ma s. : 1 01 Custombouse. 

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

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

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

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First Nntional Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapoli , Ind. : Chamber of Commerce Building. 

Jack onville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 102 Baltimore Avenue. 

Los Angele. , Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal .Building. 

Minneapolis, Minn. : 213 Feiiler:al Building. 

New Orleans, La. : Room 225-A,, Cust@mbouse. 

New York. N.Y.: 734 Ous.tom'b.ouse. 

Norfolk, Va. : 406 East Plnme ~street. 

Philadelphia, Pa. : 422 C(l)IDffiffi'ma1 'Tru t Building. 

Pitt burgh, Pa. : Chamber of -Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 OliYe :S.it:1:eel 

San Francisco, Calif. : 310 :CustomholJse. 

Seattle, Wash.: 809 Federal OffiCP :Building. 
Approved Code No. 71-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAINT, VARNISH, AND LACQUER MANUFACTURING INDUSTRY 

As Approved on September 27, 1934 

ORDER 

APPROVING Al\IE:NDl\IENT OF CoDE OF FAIR Col\rPETITION FOR THE 

p AINT~ VAR I SH, AND LACQUER MA UFACTURING I:r--DUSTRY 

An application having been duly made pur uant to and in fu ll 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June lG, 1933, for approval of an amendment to a Code of Fair Competition for the Paint, Varnish, and 

Lacquer Manufacturing Industry, and opportunity to be heard 

having been afforded all interested parties, and any objection filed 

having been duly considered, and the annexed report on aid amend- ment, containing findings with respect thereto, havinO' been made 

and directed to the Pre ident : 

NO\iV, THEREFORE, on behalf of the Pre ·ident of the United 

States, I, Hugh S. Johnson, Administrator £or Indu trial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. G543-A, dated December 

30, 1933, and otherwise ; do hereby incorporate, by reference, said annexed report and do find that said amendment and the Code as constituted after beino· amended comply in all respects with the pertinent provisions an l will promote the policy and purpo es of said 

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

it is hereby approved, and that the previous approval of aid Code 

is hereby modified to include an approval of said Code in its entirety 

as amended. 

I--IuGH S. JoHNSON, 

Acl?ninist ato1· for Industrial Recovery. 

Approval recommended : 

J OSEPH F . BATTLEY, 

Acting D,i,vision Adm,inistrator. 

VVASHINGTON, D.G., S epteniber f7, 1934. 

88i24°-1181- 12!>--34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lV hite House. 

Srn: This is a report on the proposed amendment to the Code of 

Fair Competition :for the Paint, Varnish and L acquer JYianufacturing Industry as approved by you on October 31, 1933. A notice 

of opportunity to be heard h as been published giving all intere ted 

parties full opportunity to be heard. 

Thi report coYer only one ainendJnent, the purposes and effect of 

which are as follows : 

This amendment enables the P aint Industry Recovery Board to 

incur such reasonable obligations as are necessary for the administration of the Code. It r equires that the Paint Industry Recovery 

Board submit for approval of the Administrator an itemized budget 

and an equitable basis of pro-rating the assessments to be collected 

from the members of the Indn try. Payment of an equitable contribution to the expenses of the P aint Industry Recovery Board by 

members of the Industry is made mandatory by this amendment if 

their principal line of business is covered by this Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said 

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

basis of all the proceedings in this matter : 

I find that: 

(a) The amendment to said Code and the Code as amended are 

well designed to promote the policies and purposes o:f 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 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 a may be temporarily required), by 

increasin~ the consumption of industrial and agricultural products 

through 1ncrea ing purchasing power, by reducino- and relieving unemployment, by improving standards of labor, 0 

and by otherwise 

rehabilitatino- industry. 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation subsection (a) of Section 3, subsection (a) of Section 7 and 

subsection (b) of Section 10 thereof. 

(2) 
3 

( c) The Code empowers the Paint Industry Recovery Board to 

present the aforesaid amendment on behalf of the Indu try as a 

whole. 

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

to and will not permit monopolies or monopolistic practices. 

( e) This amendment and the Code as amended are not designed to 

and will not eliminate or oppress small enterprises and will not 

operate to discriminate again t them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

amendment. 

For these reasons, this amendm.ent has been approved. 

Respectfully, 

HUGH s. JOHNSON. 

Adniinistrator. 

SEPTEMBER 27, 1934. 
AMENDMENT T O CODE OF FAIR COl\tIPETI TI ON FOR THE 

PAINT, VARNISH, AND LACQUER MANUF ACTURING 

INDUSTRY 

Under Article X delete the next to the last paragraph and substitute therefor the following : 

"It being found necessary in order to support the admini tration 

of this Code and to maintain the standards of fair competition 

established hereunder and to effectuate the policy of the Act, the 

Paint Industry Recovery Board is authorized: 

" (a) 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 o:f the Code. 

"(b) To submit to the Admini trator for his approval, subject to 

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

(1) an ite1nized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable ba is upon which the funds neces ary 

to support such budget and shall be contributed by members of the 

Industry. . " (c) After such budget and basi of contribution have been ap- proved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industry and to 

that end, if necess.ary, to institute legal proceeding therefor in its 

own name. 

"Each member of the Industry shall pay his or its equitable 

contribution to the expense of the maintenance of the Paint Industry Recovery Board, determined as hereinabove provided, and subject to rules and regulations pertaining thereto issue l by the Admini trator. Only members of the Industry complying with the 

Code and contributing to the expen es of it administration as 

hereinaboYe provided (unle s duly exempted from making such contributions) shall be entitled to participate in the selection of the 

memb 0 r of the P aint Indu try Recover} Board or to receive the 

benefits of any of it. voluntary activities or to make u e of any 

emblem or insignia of the National Recovery Administration. 

' The Paint Indu try Recovery Board shall neither incur nor pay 

any obligation ubstantially in exces 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 Admini trator; and no ub equent budget shall contain any defi- ciency item for expenditures in exce of prior budget e timates 

except those which the Administrator hall have so approved. ' Failure on the part of any member of the Indu try to contribute 

hi. or it equitable contribution to the expen e of maintaining the 

Paint Indu try RecoYery Board, determine 1 as hereinabove pro-

( 4) 
5 

vided, shall be a violation of this Code subject however to rules and 

regulations issued by the Administrator which pertain thereto." 

Under Article X delete the last paragraph and substitute therefor 

the following : 

"The Paint Industry Recovery Board shall have full responsibility for its expenditures within the limits of snch appropriations as 

are provided for and included in the budget approved by the Administrator, provided that no traveling or other expenses of Board 

Member shall be paid out of the Paint Industry Recovery Board's 

funds when attending Board meetings, but actual expenses of members of the Board when engaged in the business of the Board, other 

than attendance at Board meetings, may be paid out of such funds, 

provided prior authority for such expenditures or expenditure has 

been given by the Board." 

Approved Code No. 71-Amenc1ment No. 3. 

Regi try No. G19-1- 03. 

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