Approved Code No. 24-Amendment No. 5 Registry No. 702-45 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

--

AS APPROVED ON JANUARY 8, 1935 

WE DO OUR PART 

I.I - " 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1935 

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Approved Code No. 24-Amendment No. 5 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on January 8, 1935 

ORDER 

ArrROVING AMEXD:M:ENTS OF CooE OF FAIR Col\IPETITION FOR THE 

BrTUl\IINOUS Co.AL INDUSTRY 

An application haYing 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 approval of an 

amendment to the Code of Fair Competition for the Bituminous 

Coal Industry: 

NOW THEREFORE, on behalf of the President of the United 

States, the ational Industrial Recovery Board, pur uant to authority vested in it by Executive Orders of the President, including 

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

by reference, aid annexed report and does find that said amendment and the Code as constituted after being amended comply in 

all re pects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act, and does 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. 

This Order shall become effective immediately. 

ATION AL INDUSTRIAL RECOVERY Bo.ARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended : 

,v. P. ELLIS, 

Division Admui,nistrator. 

,v .A HI.i: GTON, D. c., 

J anua:ry 8, 1935. 

107G04°-1465-51-35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: 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 

Bituminous Coal Industry, submitted by the Southern Sub-Divisional Coal Code Authority No. 1 of Division I after submission to 

all other Code Authorities for the said Industry. 

The existing provision of Article VI, Section 1, of the Code for 

said Industry, is entirely inadequate in view of the necessity for 

clarification by reason of varying interpretations placed upon the 

wording thereof. It is, therefore, evident that the proposed amendment of Article VI, Section 1, of said Code, as modified by the 

National Industrial Recovery Board, as provided in the notice for 

publ~c. hearing thereon, will overcome the existing inadequate 

prov1s10n. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on the 

amendment to the Code of Fair Competition for the Bituminous 

Coal Industry having found as herein set forth and on the basis of 

all proceedings in this matter : 

We find that pending such further order as the National Industrial Recovery Board may enter thereon ; 

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

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 incr-easing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating 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. 

( c) The Code empowers any Sub-Divisional Code Authority to 

present the aforesaid amendment on behalf of the Industry as a 

(2) 
3 

whole after subrn.ission to all other Code Authorities affe t l th r by 

(which shall include the Divisional Code Authority). 

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

to and will not permit monopolies or monopoli tic practice . · 

( 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. 

(£) Those engaged in other steps 0£ the economic process have 

not been deprived 0£ the right to be heard prior to approval 0£ said 

amendment. 

Said amendment is accordingly approved. 

For the National Industrial Recovery Board: 

J ANDARY 8, 1935. 

w. A. !LuuuMAN, 

Adm,,inistr(J1tive Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE BITUMINOUS COAL INDUSTRY 

Delete Section 1 of Article VI and substitute in lieu thereof the 

following: 

SECTION 1. The malting of a contract to sell or off er to sell coal, 

whether for immediate or future delivery, at a price below the fair 

market price at the date of such contract or offer (regardless of the 

dates specified for the making of deliveries), or any sale or delivery 

of coal ( other than pursuant to contract made in accordance with the 

foregoing) below the fair market price thereof at the time of delivery, determined as hereinafter provided, is hereby declared to be an 

unfair competitive practice and in violation of this Code. Such 

fair market price shall be determined and established as hereinafter 

provided, and it shall be proper in determining such fair market 

price to consider the purposes of the National Industry Recovery 

Act, the minimum rates of pay herein established, the furnishing of 

employment for labor and the competition with other coals, fuels, 

and form of energy for heat production. 

Approved Code No. 24--Amendment No. 5. 

Registry No. 702-45. 

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