Approved Code No. 275B-Amendment No. 1 Registry No. 699-20 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

COD.E OF FAIR COMPETITION 

FOR THE 

CARBON DIOXIDE INDUSTRY 

(A Division of the Chemical Industry) 

AS APPROVED ON AUGUST 16, 1934 

WE DO OUR PART: 

I L 

I A,, 

U.S. DEPOfflTO~Y 

UNITED STATES 

GOVERNMENT PRINTJ.NG OFFICE 

WASHINGTON: 1934 

For sale by the Saperintende11t of Documents, Washington, I>.C. - - - - - - Price 5 cents 
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This publi.cation is for sale by the Superintendent of Documents, Go4'ernment 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Comn;ierce. · 

DISTIUCT OFFICES OF TIIE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Incl. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building • 

Kansas City, JUo.: 1028 Baltimore A venue. 

Los .Angeles, Calif.: U63 South Br.oadwa:y. 

L ouisville, Ky.: 408 Federal Building. 

ifomphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfo1k, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, l\fo.: 506 Oli\'"e Street. 

San Francisco Calif. :· 310 Customhome. 

Seattle, Wash:: 800 Federal Office Building. 
Approved Code No. 2758-Amendment No. 1 

.AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

CARBON DIOXIDE INDUSTRY 

As Approved on August 16, 1934 

ORDER 

AI'PROVING AMENDMENTS oF SuPPLEMENTARY CooE OF FArn CoMPETITION FOR THE CARBON DIOXIDE IND TRY 

A DIVI 'ION OF THE CHEMICAL MANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provision · of Title I of the National Industrial 

Recovery Act approved June 16 1933, f r approval of amen lments 

to a Supplementary Code of Fair Competition for the Carbon Dioxide Indu try, a Division of the Chemical Nianufacturing Industry, 

and an opportunity to be heard ha, ing been given and the annexed 

report on said amendments containing findings with re pect thereto 

having been rnadP and directed to the Pre ident: 

NO"\V, THEREFORE, on behalf of the President of the United 

States, I , Hugh S. J olmson, Administrator for Industrial Recovery, 

pursuant to authority ve ted in me by E:xecutiYe Orders of the 

President, including Executive Order r o. 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 re pects with the pertinent provi ions 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 appro, al of said Code in it 

entirety as amended, provided that the pro, i ions of Article IV, 

Section 9, Contractual Relationship with Jobbers and/or Di tributor. , as amended shall remain in force only for the remainder of 

the six month period beginning ~1ay 14 1934, that is the effective 

date of the Code approved on May 4, 1934, as wa provided in the 

81149°-1044- 70-34 (1) 
2 

Order 0£ approval 0£ the Code unless such period shall be extended 

by the Administrator and provided that said amendments and this 

Order shall become effective on the tenth day after the date hereof. 

HUGHS. JOHNSON, 

Administrat01· for Industrial R ecove1~y. 

Approval recommended : 

GEO. L. BERRY. 

Division A drninistrator. 

WASHINGTON, D.C., August 16, 1934. 
REPORT TO THE PRESIDENT 

The PR~SIDENT, 

T..he White House. 

Srn: This is a report on the proposed amendments to the Supplementary Code of Fair Competition for the Carbon Dioxide Industry, 

a division of the Chemical Manufacturing Industry, as approved 

by me on May 4, 1934. A notice of opportu·nity to be heard on these 

amendments was published on June 22, 1934. Full opportunity to 

be heard was given to all interested parties. 

The purposes and effects of the amendments are as fallows : 

Amendment No. 1 enables the Code Authority to incur such reasonable obligations as are necessary for the administration of the Code. 

It requires that the Code Authority submit for approval of the 

Administrator an itemized budget and an equita~le basis of prorating the assessments to be collected from the members o•f the Industry. Payment of an equitable contribution to the expenses of the 

Code Authority by members of the Industry is made mandatory by 

this ameJ.ldment if their principal line of business is covered by 

this Code. 

Amendment No. 2 deletes Section 1, Price Li ts, Section 2, Revised 

Price Lists, and Section 3, Adherence to Price Lists, of Article IV 

qf the approved Code and substitutes therefor Sections 1, 2 and 3 

of Exhibit A in Office l\1emorandum No. 228, with certain minor 

modifications, these being the open price filing provisions proposed 

by the Administration. . The Code Authority proposed that the Chairman of the Code 

Authority shall act as the confidential and disinterested agent of 

the Code Authority with whom members of the Industry shall file 

price lists. This, however, has been changed back to the Administration's more general proposal, leaving it to the Code Authority 

to designate a " confidential and disinterested agent " because the 

designation of a particular individual or agency in a F.ederal statufe 

is not considered advisable, owing to the possibility of change. 

Amendment No. 3 deletes Section 4 of Article IV and substitutes 

therefor Section 4 of Exhibit A of Office :Memorandum No. 228. 

Amendment No. 4 inserts a new Section 9 in Article IV which is 

merely a revision of the old Section 4 ( deleted by Amendment No. 3) 

in order that it shall refer to the equivalent provisions as renumbered by these amendments. 

Amendment No. 5 establishes a new article to be known as Article 

IV-A, Trade Practice Provisions-Price Cutting, which is Section 1 (a) of Exhibit B of Office Memorandum No. 228 with a minor 

modification. 

Amendment No. 6 deletes Section 2 of Article V and substitutes 

therefor a new Section 2, the purpose of which is to clarify the 

existing provision because of complaints made in regard to same. 

(3) 
4 

FINDINGS 

The Deputy Administrator in his final repo~ to me on said Code 

having found as herein set forth and on the basis of all 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 purpo~es 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 a1nount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpo e 

of cooperative action of labor and management under adequate 

governmental sanction and supervision, by eliminating unfair competitive practices, by proinoting the fullest possible utilization of the 

pres~nt productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrj al and agTicultural products 

through increasing purchasing power, by r educing and relieving unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without liinita:tion subsection (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

( c) The Carbon Dioxide Institute was and is an industrial association truly representative of the afore aid Industry and that said 

association imposed and imposes no inequitable restrictions on 

aclmission to membership therein and has applied for these 

amendments. 

( d) These amendments and the Code as amended are not designed 

to a-nd will not permit monopolies or monopolistic practices. 

( e) These amendments and the Code as amended are not desi o-ried 

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 

amendments. 

For these r easons, these amendments have been a.pproved. 

Respectfully, 

AUGUST 16, 1934. 

HUGHS. JOHNSON, 

A dniinistrator. 
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CARBON DIOXIDE INDUSTRY 

A DIVISION OF THE CHEMICAL MANUFACTURING INDUSTRY 

AMENDMENT 1. Delete Section 4 of Article III and substitute 

therefor the following : 

" SECTION 4 A. 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 provided and which 

shall be held in trust for the purposes of the Code : . "(b) 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 

nurposes, and (2) an equitable basis upon which the funds necessary ~ 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 con- tribution 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. 

"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 members of the Industry complying with the Code and contributing to the expenses of its administration as hereinabove provided, shall be entitled to participate in the selection of members 

of the Code Authority or to receive the benefits of any of its volun- tary 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 in excess of the amount thereof as estimated in its approved 

budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expenditures in 

excess of prior budget estirn.ates except those which the Administrator shall have s.o approved." 

AMENDMENT 2. Delete Sections 1, 2 and 3 of Article IV, and 

substitute therefor· the following: Sections 1, 2 and 3. 

"SECTION 1. Each member of the Industry shall file with a confidential and disinterested agent of the Code Authority, identified 

lists of all of his prices, discounts, rebates, allowances, and all other 

(5) 
6 

terms or condition of sale, hereinafter in this article referred to as 

'price terms', which lists shall completely and accurately confonn to 

and represent the individual pricing practices of said member. Such 

lists shall contain the price terms for all such standard products 0£ 

the Industry as are sold or offered for sale by said member and for 

such non-standard products of said member as shall be designated by 

the Code Authority. The provisions of &etion 1 of Article IV of 

the Supplementary Code approved M.ay -4, 193,4 which obligated 

members of the Industry to file initial price lists with the Code 

Authority within J5 days aft)er the_ effee~ve -d~te of this Code is not 

changed insofar as the time for filing the initial price lists is con-

-cerned. Price terms and rev.is-eel price terms shall beeom.e -effective 

immediately upon receipt thereof by said ag~nt. ,Immediately upon 

receipt thereof, said agent shall by telegraph or other equally p-rompt 

n1eans notify said member of the ti;me of such receipt. Such lists 

and revisions, together with thi effective time thereof, shall upon 

receipt be immediately and $imult.aneously distributed to all rr1embers of the Industry and to all of their customers who have applied 

therefor and have offered to defray the cost actually incurred by the 

Code Authority in the preparation and distrihu,tion tfa.ereof and be 

ava~lable for inspection by ,any of their customers,at the office of such 

agent. Sa.id lists or revisions or any part thereof shall not be made 

a v.ailable to any person until released to .all members o:£ the Industry 

and their customers, as aforesaid; provided, that prices filed in the 

first instance shall be released in accordance with Section 1 of Article 

IV of the Supplementary Code approved l\1ay 4, 1934. ThB Gode 

Authority shall maintain a permanent file of all price terms filed •as 

herein provided, and shall not destroy .any part of such records except upon written consent of the Adnunistrator. Upon request th.e. 

Coclc Authority shall furnish to the Administrator or any duly designated agent of the Administrator copies of any such list or revisions 

of price terms. 

"SECTION 2. "'\iVh~n any n1ember of the Industry -has filed any re-vision, uch member shall not file a higher price within forty-eight 

(,48) h0lU-S. 

"SECTION 3. No member of the ,Industry shall sell or offer to sell 

any products and/or services of the Industry, for which price terms 

have been filed pursuant to the provisions of this article, except .in 

a · ordance 11ith such price terms." 

AMENDMENT 3. Delete S-ection 4 of Article IV and substitute there-

£ or a new Section as follows : 

" SECTION 4. No 1nember of the Industry . ·hall enter into any agreement, un<lerstanding, combination or cons1)iracy to fL'{ or maintain 

price terms, nor ca.u e or a.tte.mpt to cause any member of the Indus- try to change his price te-rms by the use of inti.inidation, -coercion, or 

any other influence inconsistent with · the maintenance of the free 

and open m.arket which is the purpose-of this article to create." 

A..i.\,rnNDMENT 4. Substitute for Section 4 of Article IV which h,as 

been deleted by A1nendment 3 the :following revision of old Section 4~ 

to be designated as Section 9 of Artie.le IV': 

"SECTION 9. Contractual Relationship with Jobbers and/or Distributors : Every member of the ,Industry shall-enter into a written 

~greement with his jobbers and/ or distributors within the Metropoli-
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~an areas of plant and/or warehouse cities whereby such jobbers 

and/ or distributors agree to file _price schedules in accordance with 

Section 1 of Article IV of this Code ( as amended) and to abide by 

Sections 2, 3, 4, 5, 7, 8 and 9 of Article IV (as amended) and Article 

IV-A and Sections 2 (a) and 2 (b) of Article V (as amended) and 

Section 2 of Article VI. The Code Authority shall require each 

1nember of the Industry to flle a copy of each agreement which he 

may make with a jobber and/ or distributor." 1 

AMENDMENT 5. Insert a new article to be Article IV-A, Trade 

Practice Provisions-Price Cutting, to read as follows : 

"Wilfully destructive price cutting is an unfair method o:f com- petition and is :forbidden. Any member of the Industry or of any 

other industry or the customers of either may at any time complain 

to the Code Authority that any filed price constitutes unfair competition as destructive price cuttiRg, imperiling small enterprise or tending toward monopoly or the impairment of code wages and working 

conditions. The Code Authority shall within 5 days afford an 

opportunity to the member filing the price to answer such complaint 

and shall within 14 days make a ruling or adjustment thereon. If 

such ruling is not concurred in by either party to the complaint, all 

papers shall be referred to the Research and Planning Division ~of 

National Recovery Administration which shall render a report and 

recomn1endation thereon to the Administrator. 

AMENDMENT 6. Delete Section 2 of Article V, Misuse of Containers, 

and substitute therefor the following: 

" SECTION 2. Misuse of Containers. 

" (a) To fill with, or use in the transportation of, Solid Carbon 

Dioxide any container without permission of the owner of said 

container, shall be an unfair trade practice. 

' (b) To fill with Solid Carbon Dioxide any apparatus which does 

not have the official approval that is or 1nay be required by any 

Federal, State, Municipal and other Governmental agencies or 

departments, shall be an unfair trade practice." 

Approved Code No. 275B-Amend.ment No. 1. 

Registry No. 699--20. 

1 See paragraph 2 of Order approving this Amendment. 

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