Approved Code No. 223-Amendment No. 2 Registry No. 1399-17 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION MACHINERY 

DISTRIBUTING TRADE 

u. 

AS APPROVED ON APRIL 20, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, Was hington. D. C. • • • • - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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Buffalo, N. Y.: 219 White Building. 

Chicago, Ill.: Room 204, 400 North Michigan Avenue. 

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Detroit, Mich. : 415 New Federal Building. 

Bou ton. Tex. : 403 Milam Building. 

Jacksonville, Fla.: 42..5 United States Courthouse and Post Office 

Building. 

Los Angeles, Calif. : 751 Figueroa Street, South. 

Louisville, Ky.: 408 Federal Building. Minneapolis, Minn. : 900 Roanoke Building. 

Nashville, Tenn.: 415 Cotton States Building. 

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Approved Code No. 223-Arnendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION MACHINERY DISTRIBUTING 

TRADE 

As Approved on April 20, 1935 

ORDER 

APPROVIN a AJ\,IENDME T OF CooE OF FAIR COMPETITION FOR THE CoN -

STRUCTION :MACHI11.TERY DISTRIBUTING TRADE 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the ational Industrial 

Recovery Act, approved June 16, 1933, for appro-val of an amendment to the Code of Fair Competition for the Construction Machinery Di tributing Trade, and the annexed report on aid amendment, 

containing findings with respect 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 the President, including 

Executive Order Number 6859, dated September 27, 1934, and otherwise, does hereby incorporate by reference, said annexed report and 

does find that said amendment and that Code as constituted 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 does hereby order that said amendment be and it is hereby 

approved, and that the previou approval of aid Code is hereby 

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

amended, such approval and such amendment to take effect twenty 

(20) days from the date hereof, unless good cau e to the contrary 

is shown to the ational Industrial Recovery Board before that time 

and a subsequent order to that effect is issued. 

JATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Admiinistrative Officer. 

Approval recommended: 

HARRY c. CARR, 

Acting Division Ad1ninistrator. 

WA HINGTO D. c., 

April fO, 1935. 

130464°-1749-51-35 (1) 
REPORT TO THE PRESI DENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on an amendment to the Code of Fair Competition for the Construction Machinery Distributing Trade. This 

amendment was proposed in accordance with Article X, Section 2 

of the Code, approved January 23, 1934. This amendment to the Child Labor Provisions of the Construction Machinery Distributing Trade is the standard clause on hazardous occupations and is in accordance with the accepted policy of 

the National Recovery Administration. It provides that the Code 

Authority shall submit to the National Indu trial Recovery Board a 

list of such operations or occupations within thirty days after the 

approval of this amendment. 

FINDINGS 

The Deputy Administrator in his final report to the National Industrial Recovery Board on said amendment to said Code having 

found as herein set forth and on the basis of all the proceedings in 

this matter: 

It finds that: 

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

well designed to promote the policies and purposes 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 dimini h the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of 

cooperative action of labor and management under adequate governmental anction and supervision, by eliminating unfair competitive 

practices, by promoting the fullest possible utilization of the present 

productive capacity of indu tries, by avoiding undue restriction of 

production ( except as may be temporarily required), by increasing 

purchasing power, by reducing and relieving unemployment, by improving tandarc1 of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the p rtinent provision of said title of said act, including without limitation 

subsection (a) of section 3, sub ection (a) of section 7 and sub ection 

(b) of ection 10 thereof. 

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

t and will not permit monopoli or monopolistic practi es. · 

( d) The am ndment and the Code as am nded are not desio-ned 

to and will not eliminate or oppress small enterprises and will not 

op rate to di riminate against them. 

( e) Th e eno-ag d in other t ps of the economic pr have 

not be n depriv d f the rio·ht to be h ard prior to appro al of aid 

amendm nt. 

For th 

For th 

r ason , thi amen lm nt has been approved. 

National Indu trial Recovery Board: 

APRIL 20, 1935. 

(2) 

w. A. HARRIM N' 

Administrati e Offi er. 
AMENDME T TO CODE 

THE CO STRUCTION 

TRADE 

OF FAIR COMPETITIO FOR 

MACHI ERY DISTRIBUTI G 

Amend Article V Section 1 to read as follows: 

' o per on under ixteen (16) year of age hall be employed in 

the Trade, nor anyone under eighteen (18) year of age at operations or occupations hazardous in nature or detrimental to health. 

The Code Authority shall ubmit to the National Indu trial Recovery Board for approval within thirty (30) days after the approval 

of thi Amendment a list 0£ such hazardou operations or occupation . In any State an employer shall be deemed to have complied 

with thi provi ion as to age if he hall have on file a certificate or 

permit duly is ued by the Authority in uch State empowered to 

issue employment or age certificates or permits showing that the 

employe i of the required age." 

Approved Code No. 223-Amendment No. 2. 

Registry No. 1399'--17. 

(3) 

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