UNIVERSITY OF FLOR IDA 

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3 1262 08482 9455 mdment No.2 Registry No. 1033-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CHINAWARE AND PORCELAIN 

MANUFACTURING INDUSTRY 

AS APPROVED ON OCTOBER 19, 1934 

WE DO OUR PART 

.... 0~----

L- ~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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• 

Approved Code No. 126--Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CHINAWARE AND PORCELAIN MANUFACTURING 

INDUSTRY 

As Approved on Octobe'r 19, 1934 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR TIIE 

CHIN AwARE AND PoRCELAIN MANUFACTURING I NDUSTRY 

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 amendment 

to the Code of Fair Competition for the Chinaware and Porcelain 

:Manufacturing Industry, and as contained in a Published Notice of 

Opportunity to be H eard, Administrative Order No. 126-12, dated 

September 17, 1934, and no objections having been filed on said 

Published Notice, and the annexed report on said amendment, containing findings with respect thereto, having been made and directed 

to the President : 

N01V, 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 Code as constituted after being amended comply in all 

respects with the pertinent provisions and will promote the policy 

and purpo es of said Title of aid Act, and does hereby or ler that 

said amendm.ant be and it is hereby approved, and that the previous 

approval of said Code i hereby amended to include an approval 

of said Code in its entirety as amended, except that part of ~ection 

3 of Article VI of said Code, which is as follow : 

'provided that any per on applying for such membership shall, in 

ad lition to the payment of uch due as are imposed and paid by 

n.ll other n1embers, accept a rea onable and equitable hare of the 

co t of Code development and administration. Such members of 

the industry who do not choose to become member of any trade 

a sociation or organized group may participate in c:he activities 

of the Code Authority, as herein provided, by paying to the Code 

Authority such proportionate part of the cost of Code development 

and administration as the Code Authority, subj ect to the Administrator's approval, shall prescribe as fair and equitable", 

92443°----1244-75----34 (1) 
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is deleted inasmuch as it conflicts with the provision~ of this amendment, such approval and such amendment to take effect ten (10) 

days from the date hereof, unless good cause to the contrary is 

shown to the National Industrial Recovery Board before that time 

and the National Industrial Recovery Board issues a subsequent 

order to that effect. NATIO:XAL INDUSTRIAL RECOVERY BoARD, 

By G. A. LYxcH, Administrative Officer. 

Approval recommended: 

W. P. ELLis, 

Division .Acl1ninistrator. 

wASHINGTON, D. c., 

October 19, 1934. 

• 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SrR : An Opportunity to be Heard on an Amendment to the Code 

of Fair Competition for the Chinaware and Porcelain Manufacturing Industry ubmitted by the Code Authority for that Indu try, in 

accordance with the provisions of the National Industrial Recovery 

Act, has been afforded to all interested parties and no objections have 

been received to date. 

The Amendment provides for the mandatory asse ... sment for the 

expenses of the Code Authority and the limitation of liability of 

members of the Code Authority. 

The Deputy Admini trator in his final report to us on said Amendment to aid Code having found as herein set forth and on the ba is 

of all the proceedings in this matter: 

"'V e find that: 

(a) That 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 dimini h 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 .supervi ion, by eliminating unfair 

competitive practices, by promoting the fullest possible utilization 

of the pre ent productive capacity of industries, by avoiding undue 

restriction of production (except as may be temporarily required), 

by increasing the con umption of industrial and agricultural products through increasing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitati.t'1~ industry. 

(b) The Code a.s amended complies in all respects with the pertinent provision of aid Title of said Act, including without lin1itation sub-section (a) of Section 3, sub- ection (a) of Section 7 and 

sub- ection (b) of Section 10 thereof. 

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

to and will not permit monopolies or monopolistic practice . 

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

and will not eliminate or oppress small enterprise.s and will not 

operate to discriminate against them. 

(e) Those engaged in other steps of the economic process have 

not been deprived of the rjght to be heard prior to approval of said 

amendment. 

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

For the National Industrial Recovery Board: 

OcTOBER 19, 1934. 

(3) 

G. A. LYNCH, 

Ad1ninistrative Officer'. 

• 
AMENDMENT TO CODE OFF AIR COMPETITION FORTI-IE 

CHINAWARE AND PORCELAIN MANUFACTURING INDUSTRY 

Amend Article VI by adding a new Section 5. 

SECTION 5. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner to 

anyone for any act of any other member, officer, agent or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under this 

Code, except for his own wilful malfeasance or non-feasance. 

Amend Article VI by adding a new Section 6. 

SECTION 6. 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 National Industrial Recovery Board for its 

aproval, subject to such notice and opportunity to be heard as it 

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 

men1ber of the industry; 

(c) After such budget and basis of contribution have been approved by the National Industrial Recovery Board, to determine and 

obtain equitable contribution as above set forth by all member 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 pertajning thereto issued by the National Industrial Recovery 

Board. Only members of the industry complying with the code and 

contributing to the expen es of its administration as hereinabove pro· 

vided, (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 

substantially in excess of the amount thereof as e~timated in its 

(4) 

• 
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approved budget, and shall in no event exceed the total amount contained in the approved budget, except upon approval of the National 

Indu trial Recm ery Board; and no sub equent budget shall contain 

any deficiency item for expenditures in exce of prior budg t e timates ex capt those which the National Industrial Recovery Board 

shall have o appro...-ed . 

.A.pprov d Code No. 126-Am ndment No. 2. 

Registry No. 1033-1-01. 

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