Approved Code No. 305-Amendment No. 2 . Registry No. 311-03 

. I 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

FIBRE CAN AND TUBE 

INDUSTRY 

u. c: 

AS APPROVED ON SEPTEMBER 11, 1934 

WE DO OUR PARI' 

1' ----

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UNITED STATES 

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WASHINGTON: 1934 

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Approved Code No. 305-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THB 

FIBRE CAN AND TUBE INDUSTRY 

As Approved on September 11, 1934 

ORDER 

APPROVING ~fomFrCATION OF CoDE oF FAIR Col\IPETITION FOR THE 

FIBRE CAN AND TunE INDUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provisions of Title I, of theN ational Industrial 

Recovery Act, approved June 16, 1933, for approval of a modification to a Code of Fair Competition for the Fibre Can and Tube 

Industry, and due notice and opportunity to be heard having been 

given thereon 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 Executjve 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 pre,vious approval of 

said Code is hereby modified to include an approval of said Code 

in its entirety as modified. 

HuGH S. JOHNSON, 

Adm,inistrator for /ndust1ial Recovery. 

Approval recommended : 

JosEPH F. BATILEY, 

Acting Division Administrator. 

wASHINGTON, D.C., 

September 11, 1931,.. 

8540~ ----1181-39----34 (1) 
REP RT TO THE PRESIDENT 

Th PRE IDENT 

The Whit Hou . 

IR: Thi is a r I ort n am dification of th ode of Fair Competition for the Fibr an and Tube Indu try whi h wa approv d 

by ~you on February 2":!:, 1934. 

The eff t of thi amendment will nabl the d Auth rity t 

ubmit a bu lo·et and ba i of a e ment and give it the power to 

in. titut 1 a1 proc -:lin o· if nece ary f r the collection f aid 

a. e · ·ment . 

The D puty A lmini trat r in hi final r port to me on ·ai 

modification of aid ode havino- found a herein et forth and on 

the ba ·i · of all th pro edina-· in thi matter: 

I find that: 

(a) The modification of said Code an l the Cod as modified are 

w ll c1e ·igned to promote th policies and purpo es of Title I of the 

National In ln trial Recov ry Act inclu ling the r mo,:al of ob truction to th free flow of inter ta e and foreio-n c mn'lerce which t n 

to limini h the amount th reo£ an l will provide for the o·en ral 

w lfar by promoting the organization of in lu try for the purpo e 

f ·ooperative a tion of lab r and management under a lequate 

o- v rnm ntal . an tion an l supervi. ion, by eliminating unfair ompctitiv practice , by promoting the fulle t 1 os ible utilization of 

th 1 re. ent produ tiv capacity of indu tric by avoiding un lue 

r :tri tion of produ tion (ex ept as may be temporarily r qui red), 

y in r ea ino- th con Ultlp ion of indu trial and ao-ricultural produ t · through increa in o· purcha ing power by re lucino- an l r lieving un mplo. ·ment by improvino- . tan lard. of lab r an l by otherwi · r habilita tin · in l ustry. 

(b) The Cole a. moclifi · l ompli · in all re. p ·t with the ertin nt pr vi. ·ions of ~a i] Title of ai 1 \.ct. in ·luling without limitation ·ub- ection (a) of tion 3, snb-.. cti n (a) of ction 1 an 

nh-:ection (h) of cti n 10 thereof. 

(c) The Code empow r ·· the Cod Auth rity to propo · th 

modification on behalf of th Indu try a a whol . ( c1) Th 111 lifi 'ati n an(l the l a modifi l ar n t cle ~· i an d 

t and \Yill n t Iiminat r ppr . mall nterpri e an l will n t 

OJ erate to eli ·criminn.t aa~ in. th m. 

( ) Th modifi ation ::tlHl h o l a· mo lifiecl are n 

and 'vill not permit monopoli .· r 111 n I oli: i pra ti 

(f) Th ·e en gag l in th r tep f the on mi r r e haY n 

e n 1cpriYed f th rio-ht to be lw< r l prior t appr val f . aiel 

1 wclifiration. 

i or th reason. thi: m lificn.ti n ha. b n npproY d. 

R pe tfully 

E:OTE IBER 11 lD34. 

(2) 

H GII . J IIN "N 

Admin· tl'ator. 
MODIFI \..TION OF CODE OF FAIR COMPETITION FOR 

THE FIBRE CAN AND TUBE INDUSTRY 

Delete S ction V of Article II and in lieu thereof in ert: 

5. (a) It being found necessary in order to support the admin- i tration of thi Cod and to maintain the tanclards of fair competition tabli heel hereunder and to effectuate the policy of the Act, 

the Code Authority i authorized: 

1. To incur such reasonable obligations as are n c ssary and proper 

for the foregoing purpo es, and to m et such obligation out of funds 

which may be rai ·eel as hereinafter provided and which hall be 

hell in tru t for the purpo es of the Code. 

2. To submit to the Administrator for hi approval, subject to such 

notice and opportunity to be heard as he may deem neces ary (a) 

an itpmized budget of its estimated expen es for the foregoing purpo es, and (b) an equitable ba is upon which the fund neces ary 

to upport such budget shall be contributed by members of the 

Indu try. 

3. AftH .. uch budget and ba is of contribution hav been approved by the Admini trator, to determine and obtain equitable 

contribution as above set forth by all members of the Industry, and 

to that end, if nece ary, to in titute legal proceedings therefor in 

its own name. 

(b) Each member of the Indu try shall pay his or its equitable 

contribution to th expense of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules 

and r egulations pertaining thereto issued by the Administrator. 

Only members of the Industry complying with the Code and con- tributing to the expenses of its admini tration 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 receiYe the benefits of any of its voluntary activities 

or to make u. e of any embl m or insignia of the National Recovery 

Aclmini tration. (c) The Cole Authority shall neither incur nor pay any obliga- tion ..:ub tantially in excess of the amount thereof a· estimated in 

its approYe l budget, and hall in no event exceed the total amount 

contained in the approved budget, except upon approval of the Administrator; and no . ubsequent budget shall contain any deficiency 

item for exp nditures in exc~ . s of prior budget e timates except those 

whi h the Admini trator shall have so approved. 

Appnn·ed oc1e Ko. 30C-.Amendment No. 2. 

llegi ·try No. 311-03. 

(3) 

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