Approved Code-No. 26-Amendment No. 1 Registry No. 1326-61 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENTS TO 

CODE OF FAIR COMPETITION 

FOR THE 

GASOLINE PUMP 

MANUFACTURING INDUSTRY 

AS APPROVED ON DECEMBER 21, 1933 

BY 

PRESIDENT ROOSEVELT 

I .l t ~ ---• 

~ I 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

( 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • • Price 5 cents 
This publkation is for sale by the Superintendent of Documents, Government 

Printing Office, \Vn hinf!;ton, D.C., aml by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Bo.-tou, l\Inss.: 1 01 ustomhouse. 

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

Clw rle: ton, S.C. : ham her of Commerce Building. C!Jic:<~go, Ill.: Suite 1706, 201 North Wells Street. 

CleYel:mcl, Ohio: Chamber of Commerce. 

Dnllas, Tex.: '1Jamber of Commerce Building. 

Detroit, l\lich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Incl.: hamber of Commerce Building. 

Jacksonville, Fla.: C'hamber of Commerce Building. 

Knn as City, l\lo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : :!29 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 Ela t Plume Street. 

Philadelphia, Pa.: 933 Commercial 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 Building. 

(II) 
EXECUTIVE ORDER 

AMENDMENT TO THE CoDE OF FAIR CoMPETITION FOR THE GASOLINE 

PuMP MANUFACTURING INDUSTRY 

An application having been duly made by the Executive Committee 

of the Code of Fair Competition for the Gasoline Pump Manufacturing Industry under date of October 18, 1933, pursuant to and in full 

compliance with the provisions of title I of the National Industrial 

Recovery Act, approved June 16, 1933, and pursuant to article X 

of the Code of Fair Cmnpetition for the Gasoline Pump Manufacturing Industry, approved by me in my Executive order of September 18, 1933, for my approval of modifications of said code of 

fair competition proposed in said application, and full hearings 

having been held thereon and the Administrator, under date of 

December 9, 1933, having rendered his report on the hearing held 

in Washington, D.C., on November 7, 1933, together with his recommendations and findings with respect thereto, and the Administrator 

having found as set forth in said report that the said modifications 

comply in all respects with the pertinent provisions of title I of 

said act and that the requirements of clauses 1 and 2 of subsection 

(a) of section 3 of said act have been met: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I 

of the National Industrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report, recommendations, 

and findings of the Administrator and do order that said modifications of the Code of Fair Competition for the Gasoline Pum.p Manufacturing Industry be, and they hereby are approved and made a 

part of said code. 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 

HuGHS. JoHNSON, 

Administrator. 

THE WHITE HousE, 

December Bl, 1933. 

27199°-244-231-33 (1) 
D ECEMBER 9, 1933. 

The PRESIDENT, 

The White House. 

This is a report on a hearing of the modification of the Code of 

Fair Competition for the Gasoline Pump :Manufacturing Industry 

held in 'Vashington, D.C., on November 7, 1933, submitted by the 

Executive Committee of the Gasoline Pump Manufacturing Industry in accordance with Article X of said Code approved by you in 

your Executive Order of September 18, 1933. Application was made 

to this office under date of October 18, 1933, by the Planning and 

Fair Practice Agency for the administration of the Code of Fair 

Competition for the Gasoline Pump Manufacturing Industry for 

modification of Articles VI and IX of said Code, since the operation 

of the Code had demonstrated the fact that these provisions as 

originally drafted did not adequately recrulate the actions of the 

members of the Industry in their effort to cooperate with the Administration toward the stabilization of their Industry. 

These provisions do not in any way affect the "\V age and Hour 

provisions of the Code or the number of worker employed, and it 

may be said in ummary that their specified purpo e is further to 

stabilize an Industry where unfair competition may be exceedingly 

detrimental to the continued successful operation o£ the legitimate 

manufacturers. 

The Administration finds that: 

(a) The Code as amended complies in all respects with the pertinent provisions of Title I of the National Industrial Recovery Act, 

including without limitation, subsection (a) of Section 7, and subsection (b) of Section 10 thereof. 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein, and are truly representative of 

their industry. 

(c) The provisions of the Code as amended are not designed to 

promote monopolies or to eliminate or oppress small enterprises and 

will not operate to discriminate against them, and will tend to effectuate the policy of Clauses one and two of the National Industrial 

Recovery Act. 

It is recommended, therefore, that the modification to this Code 

be adopted immediately. 

Respectfully submitted. 

(2) 

HUGH S. JOHNSON, 

Ad1ninistrator. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

GASOLINE PUMP MANUFACTURING INDUSTRY 

1. Subsection 4 (c) , Article VI of the Code of Fair Competition 

for the Gasoline Pump Manufacturing Industry shall be and hereby 

is amended by deleting the words " f.o.b. factory " in the sixth line 

and the words " charges prepaid " in the seventh line and further by 

deleting the last sentence of said Subsection as follows : " The manufacturer's liability for damages caused by any such defective parts 

shall be limited to such repair or replacement and in no event shall 

the manufacturer be liable for indirect or consequential damage", 

so that said Subsection as amended shall read: 

"The following standard guarantee : The manufacturer guarantees 

all parts of the equipment shipped under this agreement for one year 

and no more from date of invoice thereof, against defective material 

or workmanship (but not against damage caused by accident, abuse, 

or faulty installation) when the equipment is installed in accordance 

with the manufacturer's specifications, and will repair or replace 

free of charge all such defective parts if returned to the factory." 

2. Section (c), Article IX of said code shall be and hereby is 

amended by adding thereto after the words " as above provided " 

the following: "except to purchasers with whom other members of 

the industry have legally binding contracts, made prior to the effective date of this code, during the term of any such contract; provided, 

however, that this exception shall be limited to the products specified 

herein, and to the requirements of any such purchaser in excess of 

the quantity or percentage of requirements so specified during the 

term of said contract and provided, further, that any member of the 

industry may meet but shall not exceed such contract prices, discounts and terms of payment " so that said Section is hereby amended 

to read: 

"No manufacturer in the Industry shall sell any product of the 

Industry at prices lower or discounts greater or on more favorable 

terms of payment than the approved schedule of such manufacturer 

on file at the office of the Executive Committee as above provided, 

except to purchasers with whom other members of the Industry 

have legally binding contracts, made prior to the effective date of 

this code, during the term of any such contract; provided, however, 

that this exception shall be limited to the products specified herein, 

and to the requirements of any such purchaser in excess of the quantity or percentage of requirements so specified during the term of 

said contract, and provided further that any member of the Industry 

may meet but shall not exceed such contract prices, discounts and 

terms of payment". 

3. Article IX of said code shall be and hereby is amended by adding 

thereto a new section to be designated Section (e) as follows : 

{3) 
4 

" Any member of the Industry may enter into an agreement with 

a jobber or distributor by which such jobber or distributor may agree 

that he will sell the products purchased from such manufacturer at 

not less than the prices contained in the published price schedules 

of such manufacturer in effect at the time of any such sale". 

4. Article IX of said code shall be and hereby is amended by add~ 

ing thereto a new section to be designated Section (f) as follows: 

"Each member of the industry shall file with the Executive Committee within five days after the effective date of this amendment, 

and from time to time thereafter, but not oftener than once every 

thirty days, a list of discontinued lines, or obsolete or surplus stocks, 

of products which such member is willing to sell below the prices 

noted in the price lists or on more favorable terms and conditions 

of sale than the terms and conditions of sale previously filed by 

such member with the Executive Committee in accordance with the 

provisions of paragraph (b) of this Article IX, and in effect at the 

time of the filing of such list, and the prices at which, or the terms 

and conditions of sale in accordance with which, such member is 

willing to sell the same or any part thereof, which list shall contain such information as to the quantity, size, weight, etc., of the 

products therein as the Executive Committee may deem necessary. 

Before any sales of any ~uch products shall be made by any member of the industry, the list, prices, and terms and conditions of sale 

so filed shall first be approved by the Executive Committee. When 

all of any class of products noted on any such list shall have been 

sold the member of the industry filing such list shall notify the 

Executive Committee to that effect. The foregoing provisions of 

this paragraph (f) of Article IX shall at all times be subject to 

modification or disapproval by the Administrator." 

5. These amendments shall become effective on the third day 

after their approval by the President. 

Approved Code No. 26--Amendment No.1. 

Registry No. 1326-01. 

0 

UNIVERSITY OF FLORIDA 

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