Approved Code No. 40-Amendment No. l Registry No. 699-1-05 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC STORAGE AND 

WET PRIMARY BATTERY INDUSTRY 

AS APPROVED ON JULY 27, 1934 

WE DO OUR PART 

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UNITED STATES 

C.OVERNMENT PRINTIN G OFFI~ 

WASHINGTON: 1934 

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Approved Code No. 40-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC STORAGE AND WET PRIMARY 

BATTERY INDUSTRY 

As Approved on July 27, 1934 

ORDER 

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

ELEcTruc STORAGE AND vv ET PRIMARY BATTERY INDu TRY 

An application having been duly made pursuant to and in full 

compliance with the provision of Title I of the National Indu trial 

Recovery Act, approved June 16, 1933, for approval of a.n amendnient to the Code of Fair Competition for the Electric Stora.ge and ,, et Primarv Battery Indu try (a copy of said amendment is 

attached hereto and denominated Exhibit 'A"), and as contained 

in a Pu bli bed Notice of Opportunity to be Heard, Administrative 

Ord·er No. 40-5, clat€d Jnne 27, 1934,_.,.and no objections having been 

filed a provided in said Published ..Notice, and the annexed report 

on said amendment containing finding with respect thereto, ha.ving 

been made and directed to th President: 

NO,v, THEREFORE, on behalf of the President of the United 

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

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order 6543-A, dated December 30, 

1933 and other·wise do her by incorporate, by reference said annexed 

report and do find that said amendment and the Code as con tituted 

after being amended comply in all respects with the pertinent provi ions and will promote the policy and purposes of said Title of said 

Act, and do her by order that said amendment be and it is her by 

approved, and that the previous approval of sa.id -ode is hereby 

amended to include an approval of said Code in its entirety as 

amended, such approval and such amendment to take effect ten (10) 

days from the date hereof, unle s good cau e to the contrf1r is hown 

to the dmini trator before that time and the Admini trator i ues 

a sub equent order to that effect. 

Approval recommended: 

c. E. ADAl\IS 

HUGH s. JOHN ON 

Admfinistrator /01· lnclritstrial R ecove1·y. 

Division idniinistrator. 

w ASHINGTON D.C .• 

July Bl, 1934. 

76468°- 29-1 5 -3-1 (1) 
REPORT TO TI-IE PRESIDE:N"'"T 

The PRESIDENT, 

Tlie TVhite House . 

Srn: An application has been duly made p1U'suant to and in full 

compliance with the provisions of the N atior:ial Industrial Recovery 

Act, for an aniendment to the Code o:f Fair Competition for the 

Electric Storage and W et Primary Battery Industry, submitted by 

the Code Authority for the said In lustry. 

The existing provision of Article IX of the Code for said Industry 

is entirely inadequate in view of Executive Order 6678, dated April 

14, 1934, and Administrative Order X-36, elated lvia.y 26, 1934, and 

it i · therefore evident that the pro1 osed amendment to rticle VI 

of sa.id Cod 0 , the pro--.~ision of which follow losely the text of the 

above 1nentioned Orders, will overcome the existing inadequate 

prov1~10ns. 

FINDINGS 

The Deputy Administrator in hjs final report to me on said an1-endm nt to said Code having found as herein set forth and on the basis 

of all the proc.oedings in thi. matter: 

I find that: 

(a) The amendment to said Code and the Code as 1nended are 

well designed to promot the policies and purpos€ · of Title I' of 

the N atio11al Industrial Recovery Act including the TI->111oval of 

ob tructi ns to th fre flow of interstate and foreign co.nm1 rce 

which tend to din1ini~h -'-.he amount there f, nd will provide for the 

general \Velf- re by promotin:, the organization of in lnstry for the 

purpo ·e of cooperative acti011 mnong trade group3, by inducing and 

maintaining united action of labor and rnanagem-ent under adequate 

governmental ·a.nction and sup-ervi ion, by liminatiu~ unfair competitive practice , by promoting the fullest. po sible utiliz:1tiou of the 

pre ent productive capacity of the inclu trie ·, by avoiding undue 

restriction · of pr-oduction ( except as may be teJnporarily required), 

by increasing the consumption of industrial ancl ugTicultural pruduct. through increasing purchasing power, by r educino- and relievinO' unemployment, by improving stand:ard of l" bor and by otherwise r 0 habilitating industry. 

(b) Th Code as aniended complies in ~11 re pe t · with the pertinfmt provisions of said Title of ~aid Act, inclu ling witLout ljmitation 

Snbsection (a) of Section 3, Sub. ection (a) of S ction 7, and Sub ction (b) of Section 10 thereof. 

( ) Th amendm nt and the Code as an1encled ar not 1e i<n1ecl 

to and will not permit monopolie · or monopoli tic pra ti es. 

( cl) The amendment and the Code as arnende i are not designed 

to and will not eliminat or oppress small enterpri. e~ an 1 will not 

operate to discriminate again t them. 

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( e) Those engaged in other swps of the ec nomic process have 

n t b en deprive l of the right to be heard prior t approYal of said 

amendment. 

For thes reasons, therefore, I have approved this am0 ndment. 

HuGH S. JoH.J. N, 

.Admin:isfrator. JULY 2'7, 1934. 

.. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE ELECTRIC STORAGE A~TD WET PRIMARY BATTERY INDUSTRY 

EXHIBIT "A"-.AMENDMENT 

Delete Article_ IX and amend Article VI by adding a new section 

thereto, to read a::, follows: 

3 (a) It being found neces ary in order to support the administration of this code and to mainta1n the standards of fair competition 

established hereund r and to effectuate the policy of the Act, the 

Code Authority is authorized : 

( 1) To incur such reasonable obligations as a1'e 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 ubmit to the Admini~trator 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 basj, upon which 

the funds ne e sary 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.s above set forth by all members of the 

industry, and to that end, if necessary, to institute legal proceedings therefor in it o-wn 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 provjded, and subject to .rules 

and regulations pertaining thereto issued by the Administrator. 

Only members of the industry complying with the co le 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 voluntary activities or to n1ake 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 sub equent budget shall contain any deficiency item for expenditure~ in 

excess of prior budget estima.tes except those which the Administrator shall have so approved. 

Approved Code No. 40-Amendment No. 1. 

Registry No. 699'--1-05. 

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