Chap. 61.-An ACT to encourage State and national industrial recovery by co-
operating with the national government in fostering fair competition; and to
that end to authorize the utilization of State and local officers and employees
by the President of the United States; to prescribe the force and effect in
Virginia of codes of fair competition, agreements and licenses, approved, pre-
scribed or issued under an act of the Congress of the United States, known as
the National Industrial Recovery Act, approved June 16, 1933; and to pre-
scribe penalties for violations of any such code, agreement or license.

[S. B. 19]
Approved September 14, 1933

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. A statewide emergency productive of wide-spread un-
employment and disorganization of industry, which burdens commerce,
affects the public welfare, and undermines the: standards of living of
the people of this State is hereby declared to exist, and it is hereby
recognized that such an emergency exists throughout the nation. It is
hereby declared to be the policy of this State to provide for the gen-
eral welfare by co-operating with and assisting the national government
in promoting the organization of industry for the purpose of co-operat-
ive action among trade groups, to induce and maintain united action
of labor and management under adequate governmental sanctions and
supervision, to eliminate unfair competitive practices, to promote the
fullest possible utilization of the present productive capacity of in-
dustry, to avoid undue restriction of production (except as may be
temporarily required), to increase the consumption of industrial and
agricultural products by increasing purchasing power, to reduce and
relieve unemployment, to improve standards of labor, and otherwise to
rehabilitate industry and conserve natural resources, and otherwise as
announced in the act of Congress entitled: “An Act to encourage na-
tional industrial recovery, to foster fair competition, and to provide for
the construction of certain useful public works, and for other purposes,”
approved June sixteenth, nineteen hundred and thirty-three, and com-
monly known as the “National Industrial Recovery Act.”

Section 2. To effectuate the policy of this act, the Governor is hereby
authorized, notwithstanding anything contained in sections two hun-
dred and ninety and two hundred and ninety-one of the Code of Vir-
ginia to the contrary, to consent to the President of the United States
utilizing State, county, city, town, and district officers and employees in
effectuating the policies of the National Industrial Recovery Act in
accordance with the provisions of section two (a) of the said National
Industrial Recovery Act.

Section 3. (a) No person, natural or artificial, shall refrain from
complying with the provisions of any code of fair competition, agree-
ment or license, approved, prescribed, or issued under the terms of the
National Industrial Recovery Act on the ground that he is not engaged
in transactions in, or affecting “interstate or foreign commerce” as
defined in paragraph (d) of section seven of title one of the National
Industrial Recovery Act.

(b) The terms and conditions of any code of fair competition, agree-
ment, or license approved, prescribed, or issued under the terms of the
National Industrial Recovery Act for any trade or industry or sub-
division thereof, shall be considered as the standards of fair competition
for such trade or industry or subdivision thereof in all its transactions
within this State. The violation of such standards by any person en-
gaged in such trade or industry or subdivision thereof within this State
shall be deemed the use of unfair methods of competition.

Section 4. (a) If, when a code of fair competition has been approved
or prescribed by the President under the National Industrial Recovery
Act, any person shall violate any provision thereof in any transaction
within this State not in or affecting “interstate or foreign commerce”
within the definition of paragraph (d) of section seven of title one of
the National Industrial Recovery Act, such person shall be guilty of a
misdemeanor and upon conviction shall be fined not more than five hun-
dred ($500.00) dollars for each offense, and each day such violation
continues shall be deemed a separate offense.

(b) Any person subject to and complying with the terms and con-
ditions of any code of fair competition, agreement, or license, approved,
prescribed, or issued under the terms of the National Industrial Re-
covery Act for any trade or industry or subdivision thereof within this
1933] ACTS OF ASSEMBLY 117

State, or the attorney for the Commonwealth of any county or city of
this State may institute a suit to prevent and restrain any violation of any
provision thereof in any transaction within this State not in, or affecting
“interstate or foreign commerce” within the definition of paragraph (d)
of section seven of title one of the National Industrial Recovery Act.
The circuit courts of the counties and courts of record of the cities
having chancery jurisdiction are hereby vested with jurisdiction to en-
tertain such suits. |

Section 5. While this act is in effect (or in the case of a license while
paragraph (a) of section four of title one of the National Industrial
Recovery Act is in effect), and for sixty days thereafter, any code of
fair competition, agreement, or license approved, prescribed, or issued
under the terms of the National Industrial Recovery Act, and any action
complying with the provisions thereof (including the acts of any person
or persons interested in any trade or industry or subdivision thereof in
meeting, conferring or agreeing upon any code of fair competition or
agreement) taken during such period, shall be exempt from the pro-
visions of the anti-trust laws of this State, or any court order or decree
issued thereunder, whether or not such trade or industry or subdivision
thereof is engaged in transactions in or affecting “interstate or foreign
commerce” as defined in paragraph (d) of section seven of title one
of the National Industrial Recovery Act.

Section 6. This act shall cease to be in effect on June sixteenth, nine-
teen hundred and thirty-five or sooner if, as provided in paragraph (c)
of section two of title one of the National Industrial Recovery Act, the
President shall by proclamation or the Congress shall by joint reso-
lution declare that the national emergency recognized by the National
Industrial Recovery Act has ended. |

Section 6-a. The State Highway Commission and all other State
departments and institutions, and the counties, cities and towns of this
State, and any agencies thereof, in letting contracts are hereby au-
thorized to reject and disregard the bid or proposal of any person, firm
or corporation not complying with the provisions of this act, if applica-
ble, and the provisions of the National Industrial Recovery Act, if
applicable.

Section 7. If any provision of this act or the application thereof to
any person or circumstance is held invalid, the remainder of this act,
and the application of such provisions to other persons or circumstances,
shall not be affected thereby.

Section 8. This act may be known and cited as the State Industrial
Recovery Act.

2. An emergency existing, this act shall be in force from its passage.