Approved Code No. 110-Amendrneut No. 2 Registry No. 699-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

HARDWOOD DISTILLATION 

INDUSTRY 

AS APPROVED ON AUGUST 20, 1934 

WE 00 OUR PARl 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintende nt of Docume nts, Washington. D.C. - - - - - - - - Price 5 ce n ts 

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This pubUca:tion iS' for sale-b-y the Superintendent of Do.cume:nts., Government 

Printing Offiee, WaS'hin:gto11, D.C., and by district offi~s of the:. Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEF .&B'I'MENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mais& : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

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

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Oleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas Oity, Mo.; 1028- Baltimore Avenue. 

LGs Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 Fed~ral Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 €-O'mmerciM Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. HO-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HARDWOOD DISTILLATION INDUSTRY 

As Approved on August 20, 1934 

ORDER 

APPROVING AMENDMENTS OF CooE OF FAIR CoMPETITION FOR THE 

HARDWOOD DISTILLATION 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 16, 1933, for approval of amendments 

to a Code of Fair Competition for the l-Iardwood Di tillation Industry, and hearings having been duly held thereon and the annexed 

report on said amendments, containing findings with respect there~o, 

having been made and directed to the President: 

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

States, I , Hugh S. John on, Administrator for Industrial Recovery, 

pursuant to 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 amendments and the Code as 

constituted after being amended 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 amendments be and 

they are 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. 

HUGH s. JOHNSON, 

'Adniinistrator for Industrial_ R§_C()1)ery. 

Approval recommended : 

GEO. L. BERRY' 

Division Ad1ninistrator. 

WASHINGTON, D.C., 

Au,qust ~O, 1934. 

81385°-1044-84-34 (1) 
REPORT TO THE PRESIDENT 

The PnESIDENT, 

The White H.ouse. 

Sm : This is a report on the proposed amendments to the Code of 

Fair Competition for the Hardwood Distillation Industry as approved by yoY. on N o-v,ember 10, 1933. A public hearing was held on 

May 23;1934, in Washington, D. C., on several amendments including 

amendment No. 1. Amendments Nos. 2 and 3 were considered by the 

Industry through three regional meetings. Full opportunity to be 

heard was given to all interested parties. 

This report covers only one of the amendments proposed at the 

public hearing and the amendment pertaining to Forest Conservation. The additional amendments proposed at the public hearing 

wiU he submitted fo.r approval as soon as further neeessar-y consid-eration can be given to same. 

The purpos.es and effects of the a1nendments a.re as follows: 

Amendm:ent No. 1 enables the Code Authority to incur such reasonable ohli,gations as are necessary for the adininistration of the Code. 

It requires that th~ Co.de Authori~y submit for approval of the Administrator an itemized bud.get and an equitable basis of pro-rating 

the assessments t.o be collected from the me.mbers of the Indust-ry. 

Payment of an equitable contribution to the ex~nses of the Code 

Authority by mern.bers -0£ the Industry is made mandatory by this 

amendm.ent if their principal line of business is covB.red by this Code . .Amendment No. 2 provides general policy f9r Forest Conservation 

@la the part of the Code Authority for the Hardwood Distillation 

Industry in accordance with the Administration's policy as covered 

in O,fike ifemorandmn No. 212, datBd May 24, 1934. 

Amendment No. 3 provides that the Code Authority shrul establish forest practice rules .and regulations subject to th~ approval .of 

the Administrator within sixty days after approval of this amendment. The Divisions of ths Industry are to submit, through th-0 

Code .Authority, to the Administrator for his approval these :forest 

practice rules and regulations. 

FINDINGS 

The Deputy Administrator in his final .report to m.0 on s_aid Code 

having found as herein set forth and on the basis of nll the proceedings in this matter : 

I find that: 

(a) The amendments 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 fl.ow of interstate and foreign commerce which tend 

to diminish the amount thereof1 and will provide for the general 

welfare by promoting the organization of industry for the purpose 

(2) 
3 

of ooperative a tion of labor and manao·ement un 1 r ad quate gov- ernmental anction and upervi. ion by eliminatin<Y unfair 0111.petitive practi , by promotin · th fulle t po ible utilization of the 

pr ent productive apacity of indu tri by avoi ling undue re 'triction of pro luction ( exc pt as may be t mr orarily required ), by increasing th c n umption of indu trial ancl a ricultural products 

through incr a.sing l urchaf:i in°· p w r, by re lucing and r lieving une.mployment, by improving tan lard...; o-f labor and by oth rwise 

rehabilitatino- indu try. 

(b) Th Code as amended complie in all re pe t · with the p rtinent provi ·ions of said Title of aid Act, including without limitation sub ection (a) of Section 3 11b. ection (a) of e tion 7 an 1 subsection (b) of Section 10 thereof. 

( c) T11e Code empowers the Code Authority to present the aforesaid amendments on behalf of the Industry as a whole. 

( d) These amendments and the Code as amend0 d are not de ·igned 

to and will not permit monopolies or monopolistic practic . 

( e) These amendments and the Code a amended are not de igned 

to and will not eliminate or oppre 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 

amendments. 

For these reasons, these amendments have been approved. 

Respectfully, 

· Hum1 - S. JOHNSON, 

Adrninw°t'rator. 

AUGUST 20, 1934. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE HARDWOOD DISTILLATION INDUSTR~ ; .•r 

AMENDMENT 1. Delete Section 2 of Paragraph A of Article VI, 

Administration and substitute therefor the following: 

"2 (a) It being necessary to support the Administration of this 

Code, in order to effectuate the policy of the Act and to maintain 

the standards of fair competition established hereunder, the Code 

Authority is authorized: 

" ( 1) 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; 

"(2) 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 expenses for 

the foregoing purposes, and (2) an equitable basis upon which 

the funds neces ary to support such budget shall be contributed 

by members of the Industry; 

"(3) After such budget and basis of contribution have been 

approved by the Administrator, to determine and obtain equitable contribution a above set forth by all members of the 

Industry, and to that end, if necessary, to institute legal proceedings therefor in its own name. 

"(b) 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 Administrator. 

Only member. of the Industry complying with the Code and contributing to the expenses of its administration as hereinabove provided ( unless duly exempted from making such contribution), shall 

pe 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 Recovery 

Administration. 

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

approved budget, and shall in no event exceed the total amount contained in the 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. ' 

AMENDMENT 2. Change the period at the encl of the first sentence 

of Article I to a comma and add the following: 

"and to conserve forest re ource to bring about su tained yield 

from the forests." 

(4) 
5 

ArHENDMENT 3. Add the following as Paragraph D of Articl VI: 

"D. The Code Authority shall establi h :for t practi rule· and 

regulations subject to the approval of the Admini trator. ,vithin 

£ixty (60) day · after the approval of this amendment, the Divi ions 

of the Indu try shall submit through the Code Authority to the Administrator :for his appr vn.l for t practi e rules ancl r gulations." 

Approved ode N . 110-Amendruent N o. 2. 

Rcgisti;y No. 699-03. 

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