Approved Code No. 59-Amendment No. 1 Registry No. 1399-04 

NATIONAL RECOVERY ADMINIS1'RATION 

AMENDMENT TO 

C·ODE OF FAIR COMPETITION 

FOR THE 

MARKING DEVICES INDUSTRY 

AS APPROVED ON JUNE 21, 1934 

WE DO OUR PART 

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WASHINGTON: 1934 

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Approved Code No. 59-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

F OR T HE 

MARKING DEVICES INDUSTRY 

As Approved on June 21, 1934 

ORDER 

A M EN DMENT TO CODE OF F AIR COMPETITION FOR THE MARKING 

D EVICES I ND STRY 

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 approYal of an amendment to a Code of Fair Competition for the Marking Devices I ndustry, and as contained in a Published Notice of Opportunity to File 

Objections, Administrative Order No. 59-5 dated May 23, 1934, and 

no objections having been filed as provided in said Published Notice, 

and the annexed report on said amendment, containing findings with 

respect thereto having been made and directed to the President, 

O"\V, 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 6543-A, dated December 30, 

1933 and otherwise, do hereby incorporate, by reference said annexed report and do find that said amendment and the Code as constituted after being amended comply in all respects with the perti- nent provisions and will promote the policy and purpo es of said 

Title of said Act, and do 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, such approval and such amendment to take effect ten 

(10) days from the elate 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. 

H GH s. JOHNSO :r, 

Adm.,inist1·ator for I ndustrial R ecovery. 

Approval recommended : 

BARTON w. itf URRAY, 

Acting Division Acl1ninistrator. 

vv AsHINGToN, D.c., 

June ~1, 1934. 

69347 °-657-12 -34 (1 ) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White Hcuse. 

Sm: 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 

Marking Devices M:anufacturing Industry, submitted by the Code 

Authority for the said Industry. 

The existing provision of Article VI, Section 5 of the Code for 

said Industry, is entirely inadequate in view of Executive Order 

6678 and Administrative Order X-36, and it is therefore evident 

that the proposed amendment to Article VI of said Code, the provisions of which follov11 closely the text of the above mentioned 

Orders, will overcome the existing inadequate provisions. 

FINDTNGS 

The Deputy Administrator in his final report to me on said amendment 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 amendment to said Code and the Code as amended are 

well desjgned 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 the industries, by 

avoiding undue restrictions of production ( except as may be tempo· 

rarily 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 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 amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

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

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

operate to discriminate against them. 

(2) 
3 

( 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 

amendment. 

For these_ reasons, therefore, I have approved this amendment. 

Respectfully, 

JUNE 21, 1934. 

HUGH S. JOHNSON, 

Ad1ninistrator. 

• 
MODIFICATION TO CODE OF FAIR COMPETITION FOR 

THE MARI{ING DEVICES INDUSTRY 

PURPOSE 

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

Marking Devices Industry, duly approved by the President on October 20, 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 Marking Devices Industry. 

MODIFICATION 

Modify Article VI by deleting Section 5 and ~ubstituting in lieu 

thereof the following : 

5. It being found necessary in order to support the adm:i:nistration 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, subject to the approval of the Admin, 

istrator: 

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 purpose f 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 expen, es for the foregoing 

purposes, and (2) and equitable basis upon which the funds necessary to support suc.h budget shall be contributed by all 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 such members of the Industry, and to 

that end, if necessary, to institute legal proceedings therefor in its 

own name. Each member of the Industry shall pay his or its 

equitable contribution to the expenses of the maintenance of the Code 

Authority 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 shall be entitled to participate in the selection of the members 

of the Code Authority or to receive the benefit of its voluntary activities or to make use of any emblem or insignia of the National 

Recovery Admini tration. 

(4) 
5 

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. 59-Amendment No. 1. 

Registry No. 1399-04. 

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UNIVERSITY OF FLORIDA 

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