V 

Approved Code No. 9-Arnendrnent No. 15 Registry No. 313-1-06 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER 

PRODUCTS INDUSTRY 

AS APPROVED ON JULY 16, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

I/ 

I I 

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Approved Code No. 9-Amendment No. 15 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on July 16, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

LUMBER AND TIMBER PRODUCTS 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 the Code of Fair Competition for the Lumber and Timber 

Products Industries, and an opportunity to be heard thereon having 

been duly afforded to all interested parties and the annexed report 

on said amendment, containing findings with respect thereto, h~ving 

been made and directed to the President: 

NOVV, 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 otherwise, do hereby incorporate by reference, said annexed report and do find that said amendment 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 amendment be and it is 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, such approval and such amendment to take effect on the 

date hereof, provided that such approval and such amendment may 

be suspended or modified by the Administrator upon good cause 

shown to the Administrator by any interested party within fifteen 

(15) days from the date hereof. 

HuaH S. JoHNSoN, 

Administrator for Industrial Recovery. 

Approval recommended: 

BARTON w. M RRAY, 

Division Adrninistrat01·. 

vVA HINaToN, D.c., 

Jwly 16 1934. 

74218°-820-76-34 (1) 
REP RT TO THE P E IDEXT 

The PRE IDEXT 

The TV hite H ouoe. 

IR: Under the Code of Fair ompe ition for the Lumb r and 

Timber Produ t Indu trie a appro,- d b you on _..\...uo·u t 19, 1933, 

the Lumber ode Auth rity has ubmitt d their amendment o. 79, 

which i included an l attached. 

This amen lment mak certain chano-e in Articl IX of the ode 

wher by when th · ode ... uthority det rmine or when the .A. lmin- i trator o determine on hi own initiati,e that an emero- nc exi t 

in the indu try which endanger th maintenan"e of the purpose 

and provi ~ion of the Code or of the ct the _..\... lmini trator may 

thereupon declare uch an emerg ncy to exi~t, and may determine 

the rea onable co t of item~ cla ified und r the Code. 

,,hile a Public Hearino- has not been held due to the fa t that an 

em rgenc exi t and time doe not p rn1it it hould be noted that 

the pro,i ion of thi amendn1ent do n t depart from the policies 

e tabli hed and publi heel b the ---~ ational Reco,ery Aclmini tr, tion, 

nor i the general purpo~e of Article IX changed. The public generally i inform d of the condition e:s:i ting in the lumb r and timber 

product indu tri through relea · e~ of the ~~.R.A. and the Lumber 

Code Authority and it Di-vi ional _, dmini trati-ve ~ gencieN. Alth01wh the Order i e:ffecti,e inuneclia.tely upon appro,al, an adequate afeguar l has been pro,ide l through publi hing a fifteen 15) 

da .,. otice of Opportunity to be H earl in connection th r with by 

any intere ted per ·on who object to the pro'\"i~ionN of the amendment. The an1endment may remain ffectfre either in it Ir nt 

form or may be modified a a result of objection or uo-ge tion 

ubmitted with suppor ing fact . 

The Deputy Adn1ini trator in hi final rep rt to me on aid amend- ment to aid ode ha,ino- found a h rein et forth and on the ba is 

of all the proceedings in this matter: 

I find that: 

(a) Th 0 amendment to aid Code and the Code a amended are 

well de igned to promote the policie and purpoNe of Title I of the 

National Indu trial Recovery Act including the r em val of b truction to the free flow of inter tate and f oreio-n commerce which tend 

to dimini h the amom1t thereof and will proYide for the general 

welfare by pr moting the orbanization of indu try for the purpo e 

of cooperatiY action amono· trade group~ hv inducing and main- taining united action of labor and manao-ement under adequate ,...;o,- ernmental ...,anction and uperv-i ion by eliminatincr unfair competitive practice by prom ting the fulle . t po ible utilization of the 

pr ent productive capacit of indu trie by avoiding undue re. triction o:f production ( except as may b temporarily required) by 

increa ing the con umption of in.du trial and agricultural products 

(2) 
3 

through increa ing pur ha ing power by reducing and relieving 

un mployment, by improving tandard of labor, and by otherwise 

rehabilitatino- indu try. 

(b) The Code a amen l d complies in all r spects with the pertinent provi ion of aid Title of ·ail Act, including without limitation Sub ti n (a) of S ction 3 ubsection (a) of Section 7, and 

Sub ·ection (b) of S ction 10 thereof. 

( c) The od empowers the Cod Authority to present the aforeaid am n<lment on behalf of the industry as a whole. 

( d) Th amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

( e) The amendment and the Code as amended are not designed to 

and will not eliminate or oppre small enterprises and will not 

op rate to di criminate against them. 

(f) Tho e engaged in other step of the economic process have not 

be n deprived of the right to be heard. 

For these reason , therefore, I have approved this amendment to 

the Code. 

Re pectfully, 

JULY 16, 1934. 

HuaH S. JOHNSON, 

Administrator. 
AMEN]) 1E T TO 

THE L fBER 

ODE OF F IR O fi>ETITIO 

ND TilIBER PROD T I TD 

FOR 

TRY 

Amend Article IX b triking therefrom ection ( a L ( b) ( c) , 

( d) (g) ( i) and (j) and ub titute therefor the following: · ' ECTIO~ (a). (1). Whene,er the ode Authority det rmines 

that an emergency exi t in the Indu tries or in any divi ion or 

. ubdivi ion of the Indu trie , uch a to render ineffective or to 

seriou ly endanger the maintenance of the purpo e and pro,i ions 

of thi Code or of he Act and the ode Authorit certifie it condu ion ba ed on uch determination to the Admini trator or the 

Admini trator determine on hi own initia i,e tha an emergenc 

exi t a herein et forth the Admini trator ma thereupon declare 

uch an emergency to exi t. · 2). Thereupon upon application of the Code uthorit , and 

jf h hall find that it i nece ar to the maintenance of the pur- po e and pro,i ion of thi ode or of the Ac that rea onable 

co t of item and cla ification of lumber and timber product 

and rule and regulation for the application thereof be determined and e tabli hed by him during the period of that emergenc , the Admini trator ma determin or cau e to be determined in ac- cordance with such rule and regulation a he ma pre cribe the 

f.o.b. mill and/ or delfrered r ea onable co t of any or all item and 

cla ification of lumber and timber product and rule and regulation for the application thereof. T otice of uch rea onable co t 

and uch rule and regulation when determined a afore aid, hall 

be gi,en to the indu rie in uch rea onable manner a the Admini rator ma direct, pronded that for any pecie uch co t for the 

re~pective grade and item hall be in rea onable proportion to 

the market price of uch grade and item during a repre entative 

period prov-ided further. tha the rea onable co of an item. or 

cla ification of aid product hall not be e tabli hed unle and 

until rea onabl co t are at th ame time e tabli hed for uch 

other item or cla · fication of lumber and timber produ t a are 

sold or offered for ale in competition herewith: Pro,ided fur- ther, that in determining aid rea onable co t the dmini~trator 

shall make provi ion for equitable differential within pecified 

limitation for produ~t below accepted tandard of quality uch 

a the product of ome mall mill or for the purpo e of ecuring 

the equitable application of uch rea onable co t , and pro,ided 

further tha aid rea onable co hall be e tabli hed with due 

r egard to he maintenance of free competition among peci divi- sion and subdin · on , and with he product of other indu trie 

and ther countrie . (3) Thereafter during the period of the emeraency and until 

the Adminis rat.or shall ha,e declared that said emergenc has 

(4) 
5 

ceased to exist, such rea onable co ts and uch rules and regulations 

for the u ppli ation thereof hall con titute th minimum prices for 

such items and cla ification of lumb r and timber products for 

whi h u ·h o ts and rules and regulations have been determined 

and no per on subje t to the jurisdiction of thi Code shall sell or 

oft' r to 11 or otherwi e dispo e of any product of the industries for 

whi h uch reasonable co ts and rules and regulations for the application thereof have been determined as hereinabove set forth, at a 

price l s than such reasonable cost so established, or otherwise than 

in ac ordance with such rul s and regulations. 

' (-:I:) . During the period of the emergency, any determination of 

rea onable co t and any rules and regulations for the application 

ther of, may upon application of the Code Authority or upon the 

Admini trator's own initiative, be revised from time to time at reasonable intervals or su pended as changes in circumstances or experience may indicate; and, if the Code Authority shall determine and 

so certify to the Administrator that the application of rea onable 

co ts and rule and regulations applicable thereto result in injustice, 

inequality, unju t discrimination, or unfair competition within the 

lumber an l timber I roducts industries, thereupon unless such· determination shall have been arbitrary, capricious, or based upon no 

substantial evidence, the said reasonable costs and rules and regulations apphcable thereto shall be forthwith suspended by the Admini trator aid suspension to be effective five ( 5) days after the filing 

of said certificate by the Code Authority. 

(5). Kot later than December 1, 19;34, the Code Authority shall 

submit to the Administrator its recommendations for such am.end- ments of the provisions of this Article as it deems necessary to 

e:ff ectuate the purposes of the Act, and the Admini. trator shall, after 

due notice and public hearing, review and r e-Consider the provisions 

of this Article and the recommendations of the Code Authority." 

Rennmber Sections (e), (f), and (h) to become sections (b), (c), 

and ( d), r 0 c::pecti vely, and delete the first sentence of section ( e). 

Appro eel Code No. 9--Amendment No. 15. 

Regi try No. 313-1-06. 

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