Approved Code No. 68-Amendll)ent No.2 Registry No. 1329-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO· 

CODE OF FAIR COMPETITION 

FOR THE 

ROAD MACHINERY 

MANUFACTURING INDUSTRY 

AS APPROVED ON SEPTEMBER 27, 1934 

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Approved Code No. 68-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ROAD MACHINERY MANUFACTURING INDUSTRY 

As Approved on September 27, 1934 

ORDER 

APPROVING MoDIFICATION OF ConE oF FAIR CoMPETITION FOR THE 

RoAD MACHINERY MANUFACTURING INDUSTRY 

An application having 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 the approval of a modification to a Code of Fair Competition for the Road Machinery 

Manufacturing Industry, and opportunity to be heard thereon having been duly noticed and the annexed report on said modification, 

containing findings with respect thereto, having been made and 

directed to the President: 

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate, by reference said 

annexed report and do find that said modification and the Code as 

constituted after being modified comply in all respects with the 

pertinent provisions and will promote the policy and purposes of said 

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

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

is hereby modified to include an approval of said Code in its entirety as modified, such approval and such modification to take effect 

t.en (10) days from the date hereof, unless good cause to the contrary is shown to the Administrator before that time and the Administrator issues a subsequent order to that effect. 

HuGHS. JoHNSON, 

Administrator for lnd'UJStrial R ecovery. 

Approval recommended: 

BARTON w. MURRAY, 

Division Adn~inistrator. 

wASHINGTON, D.C., 

Septemb-er ~7, 1934. 

88218°----1181--118----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H OU8e. 

Sm: This is a report on the Modification of the Code of Fair 

Competition for the Road Machinery :Manufacturing Industry to 

incorporate the principles contained in Executive Order of April 

14, 1934, relating to collection of expenses of Code Administration. 

This Modification was proposed in accordance with Article XII of 

the Code as approved October 31, 1933, and Notice of Opportunity 

to be Heard was given from August 8 to August 22, 1934. No 

objections were received. 

FINDINGS 

The Deputy Administrator in his final report to me on said ~Iodification 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 Modification to said Code and the Code as modified are 

well designed to promote the policies and purposes of Title I of the 

National Industrial Recovery Act including the removal of obstruc- t]ons 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 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 rehabilitating industry. 

(b) The Code as modified 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 Modification and the Code as modified are not designed 

to and will not permit monopolies or monopoli tic practices. 

(d) The Modification and the Code as modified are not designed 

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

operate to discriminate against them. 

(2) 
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(e) Those engaged in other steps of the economic process have not 

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

Modification. 

For these reasons, these modifications have been approved by me; 

subject, however, to a t~n (10) day waiting period as provided in the 

Order of Approval. 

Respectfully, 

SEPTEMBER 27, 1934. 

HUGH s. JOHNSON' 

Administrator. 
MODIFICATION OF CODE OF FAIR COMPETITION FOR 

THE ROAD MACHINERY MANUFACTURING INDUSTRY 

PURPOSE 

Pursuant to Article XII of the Code of Fair Competition for the 

Road :Machinery :Manufacturing Industry, duly approved by the 

Administrator on October 31, 1933, and further to effectuate the 

policies of Title I of the National Industrial Recovery Act, the following modification is established as a part of said Code of Fair 

Competition and shall be binding upon every member of the Road 

Machinery :Manufacturing Industry. 

l\IODIFICATION 

Delete Section 2 of Article III, and substitute in lieu thereof the 

:following : 

Section 2-(1)-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 effectuate the policy of the 

Act, the Code Authority 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 of the Code; 

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

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

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

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

to support such budget shall be contributed by members of the 

Industrv; 

(c) 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. 

(2) 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 contributions, 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 make use 

of any emblem or insignia of the National Recovery Administration. 

(4) 
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(3) The Code Authority shall neither incur nor pay any obligations 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 expenditures in excess of prior budget estimates except 

those which the Administrator shall have so approved. 

Approved Code No. 68-Amendment No. 2. 

Registry No. 132\JL02. 

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UNIVERSITY OF FLORIDA 

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