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3 1262 08482 9372 tendment No. 1 Registry No. 1003-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COl\'IPETITION 

FOR THE 

ASPHALT AND MASTIC TILE 

INDUSTRY 

AS APPROVED ON JULY 20, 1934 

WE DO OUR PAR'I' 

UNITED STATES 

GOVERNMENT PRINTING OFFICB 

WASIDNGTON: 1934 

For sale by the Superintendent of Documents. Washinfton, D.C. - - • - - • - • Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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Approved Code No. !50-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ASPHALT AND MASTIC TILE INDUSTRY 

As Approved on July 20, 1934 

ORDER 

APPROVING MoDIFICATION OF CoDE OF F AIR C o:arPETITION F OR THE 

AsPHALT AND MAsTic TILE 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 approval of a modiHcatio.n to a Code of Fair Competition for the Asphalt and Mastic 

Tile Industry, an opportunity to be heard having been duly afforded 

all interested parties 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, H ugh 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. 

HuGHS. JoHNSoN, 

Administrator for Industrial Recovery. 

Approval recommended: 

BARTON W . MuRRAY, 

Division Ad1ninistrator. 

WASHINGTON, D .C., 

July 20, 1934. 

75244°----829-115----34 (1) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White House. 

Srn: Under the Code of Fair Competion for the Asphalt and 

Mastic Tile Industry, as approved on December 7, 1933, the Code 

Authority has submitted a modification to Article VI, Section 1, 

paragraph g, designed to empower the Code Authority to collect 

assessments from all members of the Industry to provide for the 

expenses of administering the Code. Under this modification, payment of such assessments will not be mandatory until the Code 

Authority has submitted and has had approved by the Administrator, a budget and plan of assessment. A provision of the modification forbids the Code Authority from making expenditures in 

excess of their approved budget. These provisions replace the former provisions for supporting the Code Authority through voluntary 

payments. 

FINDINGS 

The Deputy Administrator in his final report to me on said modification to said Code having found as herein set forth and on the basis 

of all the proceedings in this matte.r: 

I find that: 

(a) The modification of 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 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 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 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 atoresaid modification on behalf of the Industry upon approval by a 

two-thirds vote of the Industry. 

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

to and will not permit monopolies or monopolistic practices. 

(2) 
3 

(e) The modification and the Code as modifi€d 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 

modification. 

For these reasons, therefore, I have approved this modification. 

Respectfully, 

H-cGH S. JoHNSON, 

A dministra..tor. 

J ULY 20, 1934. 
MODIFICATION TO CODE OF FAIR COMPETITION FOR 

THE ASPHALT AND MASTIC TILE INDUSTRY 

Modify Article VI, Section 1, by deleting paragraph (g) and 

substituting in lieu thereof the following: 

"g. (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 effectuatB 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 oo 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 

industry. 

"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. 

"(3) The Code Authority shall neither incur nor pay any obligation in excess of the amount thereof as estimated in its 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. l~Amendment No.1. 

Registry No. 1003-03. 

(4) 

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