Approved Code No. 302-Amendment No. 1 Registry No. 625-01 

NATIONAL RECOVERY ADMINISTRATION 

• 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CANDLE l\fANUF ACTURING INDUSTRY 

AND THE BEESWAX BLEACHERS 

AND REFINERS INDUSTRY 

AS APPROVED ON DECEMBER 22, 1934 

WE DO OUR PART 

I• ~-

UNITED STATES 

GOVERNMENT P RINTING OFFICE 

WASH INGTON : 1935 

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Foreign and Dome tic Commerce. 

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Seattle, Wa b.: 09 Fed ral Offi ·e Building. 
Approved Code No. 302-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANDLE MANUFACTURING INDUSTRY AND 

THE BEESWAX BLEACHERS AND REFINERS 

INDUSTRY 

As Approved on December 22, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF F AIR COMPETITION FOR THE 

CANDLE MANUFACTURING INDUSTRY AND THE BEESWAX BLEACHERS 

.AND REFINERS 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 an amendment to a Code of Fair Competition for the Candle Manufacturing 

Industry and the Beeswax Bleachers and Refiners Industry, ancl 

opportunity to be heard havino· been afforded all intere ted parties, 

and any objections filed having been duly considered, and the annexed 

r eport on said amendment containing findings with r espect thereto, 

having been made and directed to the President : 

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

States, the National Industrial Recovery Board, pur uant to authority vested in it by Executive Orders of th Pre ident, including 

E xecutive Order No. 6859, dated September 27, 1934, does hereby 

incorporate by reference said annexed report and does find that 

said amendment and the Code as constituted after being amended 

comply in all r espects with the pertinent provisions and will promote the policy and purposes of said title of said act; and does hereby 

order that said amendment be and it is hereby approved, and that 

the previous approval of said Code is hereby amended to include an 

approval of said Code in its entirety as amended. 

N A'TION AL I NDUSTRIAL RECOVTIRY BOARD, 

By W. A. H ARRIMAN, Adminisirati,ve Officer. 

Approval recomm nded: 

JosEPH F. BATTLEY, 

Acting Diroision Administrator. 

WASHINGTON, D. c., 

December 22, 1934. 

105032 °-1385- 136-35 (1) 
REPORT TO THE PRESIDE T 

The PRE IDE T, 

The White House. 

Srn: An application ha be n duly ma le pur uant to and in full 

compliance with the provi ·ions of the National Indu trial Re overy 

Act for an amendment to the Code of Fair Competition for the 

Candle J\1anufa turino- Indu try an l the B c wax Bleachers and 

Refiner Indu try . ubmitted by the Cod A uthority for su h 

Industry. 

The purpo e of this am ndment i to empower the od uthority 

to incorporate and also to provide for the e tabli hment of a voluntary liqui<lated damag agreen1ent among memb r of the Industry 

for violation of any of the provision of the 1ode. The Der uty Admini trator in hi final report on said amen lm nt 

to aid Code having found a her in et forth and on the ba i of 

all the pro eedings in thi matter: 

It is found that: 

(a) The am ndm nt to said Code and the Code a am nd d are 

w 11 designed to promote the policies and purpo e of Titl I f the 

National Indu trial Recovery Act including th removal of ob truction to the free flow of inter tate and foreio-n commerce which t nd 

to dimini h the amount thereof, and will provi le for the en ral w 1-

far by promoting the organization of indu try f r the purpo f 

cooperativ action of labor and management under al quat go rnmental anction and supervi ion by eliminating unfair comp titi,e 

practi es, by promoting the fullest possible utilization f the pr nt 

productive capacity of indu trie , by avoidin un lu r tric i n of 

produ tion ( except a may be t mporarily requir cl) b incr a inb 

the con umption of industrial and agricultural produ t throuo-h inr a ino- pur ha in pow r, by reducing and relie ino- un mpl - ment, by improvina tandards of labor and b ther i er habili atina indu try. 

(b) Th ode a amended complie in all r pe t with th I rtin nt pr vi ion of aid Titl of aid A t in ludin with ut limitation ub tion (a) of tion 3, ub ction (a) of ti n 7 an l . ub tion (b) of ti n 10 ther of. 

( ) Th d mp w r the o le Authority to pr n th af r -

. ai 1 am ndm nt n b half f the indu tr a a wh 1 . 

( 1) Thj a11 ndm n and th od a am nded are n l i n 

t and ill not p rmit monopoli and 1non p Ii ti pra ti e . 

( e) Thi · am n 1m nt an h n l · 1 t 

an will n liminat and n 

op rat t li rimina a aain 

( ) Th n aa a l in h r t p f th 

b n d I ri" 1 f th ri o-h t b h ar 1 

an n 11 1 nt. 

r th . r a on. , thi am n lm n he 

F r th .,.ational Irn1u ·trial RP 

DE , £BER 1 , . 

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htn· n t 

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d mini, frat ir fffr ,r. 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANDLE MANUFACTURING INDUSTRY AND THE BEESWAX BLEACHERS AND REFINERS INDUSTRY 

Article II, Section 6, shall be amended to read as follows : 

SECTION 6. The term "Act" as used herein shall mean Title I of 

the National Industrial Recovery Act. 

Article II shall be amended to include a new section to read as 

:follows: 

SECTION 7. The term "Administrator " as used herein shall mean 

such person or persons, board or agency, as may from time to time 

be designated by the President, pursuant to Section 2 (b) of the Act 

to administer the provisions of such Act. 

Article VI shall be amended to include two new sections t o read 

as follows: 

SECTION 9. The Code Authority may incorporate under the laws 

of any State o:f the United States or of the District of Columbia, 

such incorporation to be not for profit and to be known as " Candle 

and Beeswax Code Authority, Inc."; provided that the powers, 

duties, objects and purposes of the said Corporation hall, to the 

satisfaction of the Administrator, be limited to the powers, duties, 

objects and purposes of the Code Authority as provided in the Code; 

provided further that the Code Authority shall submit to the Administrator for his approval its proposed certificate of incorporation 

and proposed By-laws, and no amendment of either shall be made 

without the like prior approval of the Administrator. 

SECTION 10. If at any time the Administrator shall determine that 

the corporate status assumed by the Code Authority is interfering 

with the proper exercise of its powers and duties under this Code, 

or with the effectuation of the policies or purposes of the Act, he 

may, after such notice and hearing as he may deem. nece say, require 

an appropriate modification of the structure of the Corporation ( if 

consistent with the law of the State of Incorporation), the substitution of a corporation created under the laws of another State in the 

same manner as the existing Code Authority, the substitution of a 

non-corporate Code Authority truly representative of the Industry, 

or such other actions as he may deem expedient. 

The Code shall be amended to include a new Article to read as 

follows: 

ARTICLE XV-DAMAGES 

Recognizing tha.t the violation by a member of any provision of 

this Code will disrupt the normal course of fair competition in the 

industry and cause serious damage to others, and that it will be 

(3) 
4 

impo ible accurately to clet rmine the amount of uch damage, it is 

hereby provided that tho e member Vi ho 111ay de ire to do so may 

ente1~ i_nto an agre ment among them· !Ye embodying the following 

prov1 ions: 

1. Each member violating any prov1 10n of thi Code shall pay 

to the Trea urer of the Cod Authority, a an individual and not as 

Trea urer, in tru t, a and for liquidat d 1amage , upon determination of violation by the Administrator, or any impartial agency or 

per on nominated by the Code Authority or de iQ'Ilated by the 

assenter of thi agreement and approYed by the Ad.mini trator, 

amount a et forth below: 

(a) For the violation of any wage provi ion, an am unt equal to 

the differen e between the wage whi h ha Ye been paid and th wao-e 

which would hav been paid if the member had complied ,vith the 

applicable provi ion of the Code; 

(b) For the violation of any hour provi i n, an amount qual to 

time and one-half of the employees regular rat f pay, for all hours 

work cl in exce of th niaxima e tabli ·h d in \..rticl III of thi 

Code; 

( c) For the Yiolation of any labor provision of the d oth r 

than an hour or wage provision, 100 dollars; 

( d) For the violation of any provi ion of the Code ( other than 

a labor provision) involving a tran action incidental to or connected -n~-ith a ·ale of any produ t of th Industry an amount equal 

to 25 per ent of the actual elling pri · of the produ t old in vi lation of any uch pro-vi ion or of the I rice at which th pr du t 

·hould have be n old under the ode, if <let rminubl , w hi h v r 

i the hio·her but not 1 than 25 dollar ; 

( e) For the violation of any provi ion of th od ( oth r than 

a labor provi ion) not involving a tran a tion incid ntal t r 

nne ·ted with a al of any pro lu -t of the Indu tr 10 l llar . 

2. All amount.· ·o paid to or coll ·ted by the Tr a ur r f th d 

uthority un ler the pr vi ion of thi rticle hall b appli cl 

him a f llow , : Fir ,t if th i lation . hall hav b n f a 

lab r provi ·ion of th od quitable di tribution f all lama · 

pai l th r for . ·hall be mad amon o· all m l , l dir tl 

aff t l by u h Yi >lati n · e n 1 if th Yi lati n hall ha, b n f 

a co l I roYi 'i n ther han a lab r I r -vi i n, th 

th r from . hall be utiliz l t cl fra. l r I r p 11 1 

i tration. an l th halan if an r mainino· in th hand 

Tr a. urer ·hull b 1i.-tribut l .- 1{1i-annw 11 am no- m mb r h 

In lustr , ,Yho hav a.·.· nt 1 h r t) arnl wh hnv n t b n l t rmin <l 

t h aY · b en r:uilty f a vi la ti m >f a ·o 1 l r yjsi m luring th 

1 r 'C' ling .- mi-arnrnal l ri cl_ on th l.rn si.- f th m t r nt a, 

m nt ma 1) agajn st m mb r.- of th ' In Ju.., ry f r th -p n: if 

a lministrati >11. 

; . ... . . nt lo thi . ... rtid hy any nw1n 'l' . hall b l ' a 

. iO'Jl <l . lat 11wnt .·ignifyi11μ: ·a . ~P1.1t, fil cl with th Hl' ... nthc r1ty. 

I?n ilur ' lo a nt t th i . ....\.rt idl' . lrn 11 not l pri ,· ' a 11,r 111 ml r f any 

other right r privilc 1,, urn[ r tlw ~odP. 1 y . o a!-' llti11°·. n<'h mm1.wr agT u ,Yith ,,. 'l'.\' othPr 111r111lJP r and tlw 'l r 'a. m· r. indi,·i,111all 

(1 that , iolation of a od' prnYi io n ha 11 lir '' ·h tlii.., .ll.!l' m nt 

an 1 hall l' 11 l 1' th ) ,·iola or liaul \ ·,,r th\ l aym nt uf li Jlli lnt 
5 

damages as herein provided, (2) all rights and causes of action arising hereunder are assianed to the Treasurer, individually and in 

trust, and (3) that the Treasurer, as such assignee and as attorney in 

fact for each assenting member, may take all proper legal action 

concerning damages found due hereunder. 

4. The Code Authority may waive liability £or payment of liquidated damages for any violation it finds to have been innocently 

made and resulting in no material injury. 

5. The Treasurer of the Code Authority, as an individual, and not 

as Treasurer, by accepting office, accepts the trust e tablished by this 

contract and agrees to perform the duties of Trustee hereunder until 

his successor in office may have been appointed. 

6. The Code Authority shall submit to the National Recovery 

Administration a complete report on the disposition of each case 

arising under this Article. 

7. Nothing contained herein shall be construed or a pp lied to (a) 

deprive any person of any right or right of action arising out of this 

code, or (b) relieve any member of the industry from any contractual 

or legal obligation arising out of this code or of the Act or otherwise; 

nor shall violation of this agreement by an assenting member be 

deemed a violation of the code, so as to subject the violator to any consequence arising under Section 3 (b) , Section 3 ( c), or Section 3 ( f) 

of the National Industrial Recovery Act, nor to any criminal prosecution of any kind. 

8. This agreement may be terminated at any time by a two thirds 

vote of the members entering into this agreement. 

Approved Code No. 302-Amendment No. 1. 

Registry No. 625-01. 

0 
UNIV ER SITY OF FLO RIDA 

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