Approved Code No. 46-Amendrnent No.1 Registry No. 1403-32 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

MOTOR VEHICLE RETAILING 

TRADE 

AS APPROVED ON APRIL 20, 1934 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 46-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOTOR VEHICLE RETAILING TRADE 

As Approved on April 20, 1934 

ORDER 

l\1onrFICATION OF CoDE OF FAIR CoMPETITION FOR THE MoToR VEHICLE 

RETAILING TRADE 

An application haYino- been duly made in behalf of the l\1otor 

Vehicle Retailing Trade 1 ur uant to and in full compliance with the 

proYi ion · of Title I of the National Indu trial Recovery Act, approved June 16, 1933 and the proYi ion of the Code of Fair Competi6on for the Motor Vehicle Retailing Trade duly approYed on 

October 3, 1933, for approYal of an amendment to said Code· and 

th2 annexed report on aiel amendment containing finding 'Yith 

respect thereto. haYing been made and directed to the Pre iclent: 

NO\V. THEREFORE on behalf of the President of the United 

State I, HughS. Johnson Aclmini-trator for Indu trial RecoYery, 

pur uant to authority yested in me by ExecutiYe Orders of the 

Pre ident, including ExecutiYe Order Number 6543-A, elated December 30, 1933, and othenyj e, do hereby in orporate by reference . aid 

annexed report and do find that aiel amendment and the Code as 

con tituted after being amended comply in all respect with the 

pertinent provision and will promote the policy and purpo e. of 

said Title of said Act and do herebv order that, eff-ective ten (10) 

day from the date h reo£, unless ju t cause to the contrary hould 

otherwi e be shown by any intere ted party. the aiel Code be and it 

1. hereby amended in the following particular : 

1. The follo"·ino· is added to Title A of Article VI: 

"ProYided howeyer that if any State Achi ory Committee shall 

not ha' e been duly con tituted, or any Chairman of any State Advi ory Committee hall not haYe b€en dul} elected on April 30 1934, 

or if any of the aforesaid fiye additional members shall not have 

been duly elected on such date, uch of the Chairmen of the State 

Advisory Committee and of the five additional members as have 

been duly selected on said date shall constitute an Acting Emergency 

National Committee pending due s·election of the remaining chairmen of State Advisory Committees and additional members. Such 

53974°----48~-114----34 (1) 
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Acting Emergency National Committee hall be empowered to exercise the powers and shall be subject to the duties herein et forth for 

the Emergency National Committee." 

HuGH S. JoHN ON 

Adminish'ator for Industrial Recove·ry. 

Approval recommended: 

K. l\1. SIMP ON' 

Division Administrator. 

WASHINGTON, D.C., April ~0, 1934. 
REPORT TO THE PRESIDENT 

The PRE IDENT 

Th e ll hite House. Sm: Thi is a report on the application of the National Control 

Committee on behalf of the Emergency National Committee as at 

pre ent con tituted of the Thfotor Vehicle Retailing Trade, to amend 

the Code of Fair Competition for said Trade, so as to permit of a 

change in the Code admini trative tructure m.ade ne ce ~ ar by prac- tical con ideration . 

The rea on for reque ting thi amendment i that under the Code 

as approved the valid election of the State Advi ory Committees of 

all State i nece ar. before the Emergency National Committee 

(which i the National Code Authority) can be legally constituted. 

If for any rea on the election of a single State Advisory Committee 

hould be invalid, the Emergency National Committee would not be 

properly constitute l. 

Thi amendment will make it possible for the Chairmen of the 

State Advi ory Committees which have been duly con tituted (together with the properly elected members at large) to serve as an 

acting Emergency ~utional Committee to exerci e the power and be 

subject to the duties of the Emergency National Committee as provided in the Code. and thereby correct the pre ent ituation in which 

no effective Code admini tration is pos ible until the la t State 

Election ha been duly checked. 

Compliance with the Code a now written would re ult in the 

po tponement until ome future undetermined date of the effective 

functioning of the State Ad vi ory Committee in e'er} State and the 

e tablishing of the Emergen y National Committee, ''hich is the 

N ationul Code Authority. 

Such re triction would re ult in a curtailment of the activities 

of member of the Trade in effectuating the purpo e of the Code, 

definitely delaying progre~s and creating a condition of uncertainty 

an l confn ·ion in the Trade. 

The Deputy Admini b·ator in hi final report to me on aid amendment to aid Code having found a herein set forth and on the basis 

of all the proceedings in this matter : 

I find that: 

(a) The amendment to aid Code and the Code a amended are 

well de igned to promote the policies and purpo es of Title I of the 

National Inclu trial Recovery Act including the removal of obstruction to the free flow of inter tate and foreign commerce which tend 

to dimini h the amonnt thereof, and will provide for the general 

welfare by promoting the organization of industr for the purpose 

of cooperatiYe action among trade group , b~~ inducing and maintaining united action of labor and managament under adequate 

O'OYernmental anction and upen'i i0n, by eliminating unfair competitive practice by promoting the fulle t po · ·ible utilization of the 

(3) 
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pre ent productive car acity of industries by aYoiding undue r triction of production (except as may be temporarily required) by increasing con umption of indu trial and agricultural product· through 

increasing purcha ·ing pm\er, by reducing and rellcYing unemployment, by improving tandard of labor, an l by otherwi ·e rehabilitating indu try. 

(b) The Code as amended complie in all re pect with the pertinent proYi ions of said Title of said Act, including without limitation Subsection (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 de igned 

to and will not permit monopolie or monopolistic practice . 

( cl) The amendment and the Code as amended are not de igned 

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

operate to discriminate against them. 

(e) Tho e engaged in other step of the economic proces have not 

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

amendment. 

For these reason 

Respectfully, 

this amendment has been approved. 

APRIL 20, 1934. 

Approved Code No. 46. Amendment No. 1. 

Registry No. 1403---432. 

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HUGH S. JOHNSON, 

Adn&i n.istrator. 
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