Approved Code No. 102-Arnendrnent No. 2 Registry o. 1329-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL,DRAGLINE,AND 

CRANE INDUSTRY 

AS APPROVED ON SEPTEMBER 12, 1934 

WE DOOURPARl 

-·. - ~ ' " , ---... 

U.S. OEP' 

UNITED ST ATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 c.ents 

V 
';L'his publication is for sale by the Superintendent of Documents, Government 

Pl'inting Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: :§04 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, l\Iass. : 1801 Customhouse. 

Buffalo, N.Y.: Chambe1-;- of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 17C6, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

D-etroit, Mich.: 801 First National Bank Building. 

Houston , Tex.: Chamber of Commerce Building. 

Indiauapolis, Incl.: Chamber of C_ommerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, l\Io.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

MempLis, Tenn. : 229 ]'ederal Building. 

Minneapolis, l\Iinn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse . . Norfolk, Va.: 406 Ea t Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chambe1· of Commerce Building. 

Portland, Oreg.: 215 New Po t Office Building. 

St. Louis, 1\10.: 506 Olive Street. 

San Francisco, Calif. : 310 Cu tomhouse. 

Seattle, Wnsh.: 809 Feder-al Office Building. 
Approved Code No. 102-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DRAGLINE, AND CRANE INDUSTRY 

As Approved on September 12, 1934 

ORDER 

APPROVING MomFicA TION F CooE OF F Arn Co:r.rPETITION Fon TTIE 

SHOVEL, DRAGLINE AND CnANE Itrn··-sTRY 

An application having been duly mad pur uant to an l in full 

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

Recovery Act, approved June 16 1933, for the approval of a modification to a Co le of Fair Competition for the Sho, 1 Dragline and 

Crane Indu try, and opportunity to be heard thereon having been 

duly noticed and the annexed report on said modification, containing 

findings with respect thereto, having been made and directed to the 

President : 

NO,iV, THEREFORE, on behalf of the President of the Unite l 

States, I, I-Iugh S. Johnson, Admini trator for Industrial Recovery, 

pursuant to authority ve ted in me by Executive Orders of the President, including Executive 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 re pects with the pertinent provi ions and will promote the policy and purpose of aid 

Title of aid Act, and do hereby order that said modification be and 

it is hereby approved, and that the previou appron1l of aid Code 

is hereby modified to include an approval of . aid Code in it entirety 

a modified, such approval and su h modification to take effect ten 

(10) day from the date hereof, unlec::s good cause to the contrary is 

shown to the Admini trator before that time and the Admini trator 

issues a sub equent order to that effect. 

HuaH . JOHN N 

Adm,inistrator· for· I ndustrial R ecovery. 

Apprm al recommended: 

BARTON w. 1URRAY 

Division Adrninisfrator. 

w ASHINGTO D.C. 

ept niber Jf 1934. 

85690°-1181-47-34 (1) 
REPORT TO TI-IE PRESIDENT 

The PRESIDENT, 

The lV hite H 01_r,se. 

Srn: This is a report on the :Modification of the Code of F air Competition for the Shovel, Dragline and Crane Industry to incorporate 

the principles contained jn Executive Order of April 14, 1934 relating to collection of expenses of Code Administration. This :Modification was proposed in accordance with Article VIII of the Code 

as approved N uvember 8, 1933, and Notice of Opportunity to be 

H eard was given from August 23 to September 5, 1934. 

FINDINGS 

The Deputy Administrator in his final report to me on said Modific.ation 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 :Modification to said Code and the Code as modified 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 diminish the m:10~1nt .t~ereof, and will provide for the 

general welfare by promoting the organization of industry for the 

purpose of cooperative actiori of -.labor and rnanagement under 

adequate governmental sanction _and _supervi ion, by eliminating unf air competitive practices, by promoting the fullest possible utilizati on of the present productive capacity of indu tries, by avoiding 

undue r estriction of production ( except as may be temporarily required), by increa ing the consumption of industrial an l agricul-

;tural product through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise r ehabilitating industry. 

(b) The Code as modified 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 Modification and the Cqde as modified are not clesignecl 

to and will not permit monopolies or monopoli tic practices. 

( d) The Modification and the Code as modified are not designed 

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

operate to discriminate against them. 

(2) 
3 

( e) Tho e n aged in other ter . · of th e anomic proce. have not 

been cl priv d of the right to b h arcl prior to ar pro al of said 

l\1odifi ation. 

For the rea n th · mo lifi · Lion hav been approved y me; 

subje t h wev r to a ten day w" iting period as provided in the 

Ord('.r f Appro al. 

Re p ctfully, 

SEPTEMBER 12, 1934. 

Huan . ,JOHN O , 

1clministrator. 
MODIFICATION OF CODE OF FAIR CO1\1PETITION FOR 

THE SHOVEL, DRAGLINE AND CRANE INDUSTRY 

PURPOSE 

Pursuant to Article VIII of the Code of Fair Competition for 

the Shovel, Dragline and Crane Industry, duly approved by the 

Administrator on November 8, 1933, and further to effectuate the 

policies of Title I of the National Industrial Recovery Act, the fol- lowing modification is establish\'d as a part of said Code of Fair 

Competition and shall be binding upon every member of the Shovel, Dragline and Crane Industry. 

1\1oDIFICATION 

Delete Paragraph C, Section 1 of Article VI, and substitute in 

lieu thereof the following: 

SECTION 1-C-(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 provjded and which 

shall be held in trust for the p1.,1rposes of the Code; 

(b) To submit to the Administrator for his approval, subject to 

1:mch notice and opportunity to be heard as he 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 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 members 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 Au- thority, determined 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, unless duly exempted from making such contributions, shall 

b~ 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 R~overy 

Administration. 

(4) 
5 

(3) The Code uthority shall neith r incur nor pay any oblio-a- tjon sub tantially jn ::s:ce of th amount th reof a -timat l in 

its approv d budo-et, and hall in n vent x eed the total amount 

contain l in th a1 prove l bu<lo·et x pt upon approval of the 

Administr, t r · and n ub equent budget ·l all ·ontain any defici ncy 

it m f r c .'penditures in exc of pri r bud o- t estimat s ::s:cept 

tho which the clministrutor shall haYe so approved. 

Apr r vecl oc1 · . 102-Arnendm nt No. 2. 

Regi try No. 13~9-1-01. 

0 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II llll llllll ll llll llll llllll ll lllll l I 

3 1262 08853 8607