Approved Code No. 314-Arnendrnent No. 1 Registry No. 701-32 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

C·ODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE COAL INDUSTRY 

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AS APPROVED ON JULY 20, 1934 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 314-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE COAL INDUSTRY 

As Approved on July 20, 1934 

ORDER 

AMENDMENT TO THE CODE OF FAIR COMPETITION FOR THE w HOLESALE 

COAL INDUSTRY 

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 16th, 1933, for approval of an amendment to a Code of Fair Competition for the Wholesale Coal Industry 

as contained in a ptiblished Notice of Opportunity•to File Objections, 

Administrative Order 314--4, dated June 5th, 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. 

NOW,THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to the authority vested 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 mendment and the Code as 

constituted after being amended comply in all respects with the 

pertinent provisions and will promote the policy and the purposes 

of said Title of said Act, and do hereby order that said amendment 

be and is hereby approved, and that the previous approval of said 

Code is hereby amended to include approval of said Code in its 

entirety as amended. 

HUGH s. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended: 

C. E. ADAMS 

DiV'ision Adminutra.tor. 

WASHINGTON, D.C., 

July 20, 1934. 

75242°-829-117-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The Wliite House. 

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 

Whole ale Coal Industry, submitted by the Code Authority for the 

said Industry. 

The existj.11g provision of Article VII, Section 1 of the Code for 

said Industry, is entirely inadequate in view of Executive Order 

6676 and Administrative Order X-36, and it is therefore evident that 

the proposed amendment to Article VII of said Code, the provisions 

of which follow closely the text of the above mentioned Orders, will 

overcome the existing inadequate provisions. 

FINDINGS 

The Deputy Administrator in his final report to me on the amendment to the Code of Fair Competition for the '\Vholesale Coal Industry having found as herein set forth and on the basis of all 

proceedings in this matter: 

I find 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 obstructions to the free flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will provide for the o-eneral w 1-

fare by promoting the organization of indu try for the purp e of 

cooperative action among: trade group, , by inducing and maintainin& 

united action of labor ana. manag ment un r adequat gov rnm nta1 

sanction and supervision, by eliminatino- unfair omp titive practices, by promotino- the fullest pos ibl utilizati n of th pr ent productive apacity of industries, by av i lino- un lu r tri ti n f 

production e:xc pt a may be t mporaril r quired) b in r a ·in(T 

the on umption of in lu trial and agri ultural pr lu t thr uo-h 

in r a inCY purcha ing pow r by r du in and r li vin o- un mpl )·-

111 nt by im1 r ving tandards of lab r and by th rwi r habiliiating inclu try. (b) Th o<l 

n nt Ir vi i n 

limitation u .·e i n (a ) 

c ntl ' ub · ti n b) f ·ti n 1 

"ith ut 

ti 11 7 

( ) Th o l m1 w 1 th "'I cl ' .Au h rit_ t Ir ·en th ai )r - . ail am ndm n n b half f th in lush· a. a ,Ylwl . 

( cl ) 1 h anH rnlm n and th' i cl as am ncl 11 ar 1 

t an l will n p rmit m n Jl l i ': or rnon >p li · i pra ·ti ' 

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( e) The amendments and the Code as amended are not designed 

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

operate to discriminate against them. 

( f) 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. 

Said amendment is accordingly approved. 

Respectful! y, 

JOLY 20, 1934. 

HUGH s. JOHNSON, 

Administrator. 
AMENDMENT TO CODE OF FAIR co:MPETITION FOR 

THE WHOLESALE COAL INDUSTRY 

ARTICLE VII is amended by a lding the following ection : 

SE TION 1. It being found nece sary, in order to support the administration of this Code and to maintain the standards of fair 

competition established by this Code and to effectuate the policy of 

the Act, the Code Authority is authorized, subject to the approval 

of the Administrator : 

(a) To incur uch reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be raise l as hereinafter provided and which 

hall be held in trust for the purposes of the Code; 

(b) To submit to the Administr::itor for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

(1) an itemized budget of it e timated expen es for the foregoing 

purposes, and (2) an equitable ba is upon which the funds nece ary 

to support such budget shall be contributed by members of the 

Industry; 

( c) After uch bud o-et and basis of contribution have been approved by the Administrator, to determine and secure quitable 

contribution as above set forth by all such member of th Indu try, 

and to that end, if neces ary, to in titute legal proceedings th refor 

in its own name. 

SE TION 2. Each m mber of the Indn try shall contribute his hare 

of the expen e of the admini tration of thi Code a det rmined 

jn a cor lance with ction 1 her of. Failure on th part of a 

~1 mber of the Industry to make uch contribution hall be a iolation of this Code. Only members of the In lu try omplyina with 

the ode and contributing to the expen e of i a lmini tration a 

provided in Section 1 her of hall be ntitl l to parti ipat in the 

selection of the memb r of th d uthority r t r iv th 

benefits of it voluntary activitie or to mak u of an mble1n 

or in io-nia of the ational R cover dmini tration. 

The ode Authority hall neith r incur n r pa. anv bli~ati n 

ub tantially in ex e of th amount th r of a timat l in it approv cl budo- t and hall in no e n x 1 th t tal nm unt ntain cl in th appr Y d bu lo- ex It 111 n ap1 ro-val f the A lmini trat r · an 1 no ub equ nt bu lg t hall ontain an. l fi i n ·y it m 

for xp nditur in . f I ri r bu l ct ·timat x l th e 

l ich th A hnini rat r hall ha, appro-v d. 

Approved de J • 1 m ndm nt 1 • 1. 

R gi try ro. 701-32. 

(4) 

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