Approved Code No. 394-Amendment ~o. 1 Registry No. 1308-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO I 

CODE OF FAIR COMPETITION 

FOR THE 

LIGHTNING ROD 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 6, 1935 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 394- Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

F OR THE 

LIGHTNING ROD MANUFACTURING INDUSTRl' 

As Approved on April 6, 1935 

ORDER 

APPROVING AM:ENDl\IENT OF CoDE OF FAIR Col\IPETITION FOR THE 

L rGIITNING HoD 1\L'\NU FACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Indu trial 

HecoYery Act, approved June 16, 1933, for approYal of an amendment to the Code of Fair Competition for the Lightning Rod :Manufacturing Industry, and an Opportunity to be Heard having been 

duly afforded all intere te 1 parties an l the annexed report on aiel 

amendment containing findings with respect thereto, having been 

made and directerl to the President: 

NO,V, 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, dated September 27, 1934, 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 said Act and does 

hereby order that said amendment 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 amended, such approval and snch amendment to take effect twenty (20) days from 

the date hereof, unless good cause to the contrary is shown to the 

National I ndustrial Recovery Board before that time and the N ationa! I ndustrial Recovery Board issues a subsequent order to that 

effect. 

NATIONAL INDUSTRIAL HEcovERY B oARD, 

By ,iV. A. HARRIMAN, Ad1ninistrative Officer. 

Approval recommended: 

JoHN ,V. UPP, 

Actin.r; Division Administrator. 

\ VASHINGTON, D. c., 

April 6, 1935. 

127166°----1749- 21----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDE :NT, 

The lV hite House. 

SrR: An application has been duly made pursuant to and in full 

compliance with provi ions of the National Industrial Recovery 

Act for an Amendment to the Code of Fair Competition for the 

Lightning Rod Manufacturing Industry, submitted by the Code 

Authority for the .:;aid Indu try. 

The exi ting provi ion of Article VI, Section 4, of the Code for 

said Indu try is entirely inadequate in view of Executive Order No. 

6678, dated April 14, 1934 and Admini trative Order X-36, dated 

lVIay 26, 1934, and it is therefore evident that the proposed Amendment to Article VI, new Section 9 of said Code, the provisions of 

which are in accordance with the text of the above mentioned Orders, 

will enable the Industry to secure the desired result. 

FINDINGS 

The Acting Deputy Administrator in his final report to the N ationa! Industrial Recovery Board on said Amendment to said Code, 

having found as herein et forth and on the basis of all proceedings 

in thi matter. 

It has been found that: 

(a) 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 

ob tructions 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 

purposes of cooperative 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 Industry, and by avoiding undue restriction of products (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 

rehabilitatinO' Industry. 

(b) The C'ode as amended complies in all respects with the pertinent rrovisions of said Title of said Act, including, without limitation, Sub e.ction (a) of Section 3, Subsection (a) of Section 7 and 

Sub ection (b) of Section 10 thereof. 

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

to and will not permit monopolies or monopolistic practices. 

(d) The amendment, and the Code. as amended, are. not de igned 

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

operate. to discriminate against them. 

(2) 
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(e) Those engaged in other steps o£ the economic process have 

not been deprived o£ the right to be heard prior to the approval 

o£ said amendment. 

For the ·e reasons, therefore, the Board has approved this Amendment. · 

For the National Industrial Recovery Board: 

APRIL 6, 1935. 

w. A. H ARRIMAN' 

AdministTative Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE LIGHTNING ROD MANUFACTURING I NDUSTRY 

In fourth line, Article VI, Section 4, insert period after the 

word "membership" and delete remainder of Section so that Sec- .tion 4 will then read as follows : 

"Any member of the industry is and shall be eligible for member- ship in the trade as ociation of the Lightning Rod Manufacturing 

Industry, and there shall be no inequitable restrictions on admission 

to such membership." 

Delete Section 7 (f) of Article VI in its entirety and in place of 

these deletions incorporate a new Section 9 of Article VI as follows: 

Section 9-It being found neces ary 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 

approval, 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 from 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 National Industrial Recovery Board, to determine 

an l obtain equitable contributions as above set forth by all members 

of the Industry, and to that end, if necessary, to institute legal pro- ceedings therefore in its own name. 

(d) 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 National Industrial 

Recovery Board. Only members of the Industry complyng with the 

Code and contributing to the expenses of its administration as hereinabove provided, (unless duly excepted 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 N ationa! Recovery Administration. 

(e) The Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in its 

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

Industrial Recovery Board; and no subsequent budget shall contain 

any deficiency item for expenditures in excess of prior budget estimates except those which the National Industrial Recovery Board 

shall have so approved. 

Aproved Code No. 394-Amendment No. 1. 

Registry No. 1308-1-01. 

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