protect American labor, and for other purposes", the United States Tariff Commission has investigated the differences in costs of production of, and all other facts and conditions enumerated in said section with respect to, raw and refined sugar, molasses, and related articles, being wholly or in part the growth or product of the United States and of and with respect to like or similar articles wholly or in part the growth or product of the principal competing country; WHEREAS in the course of said investigation a hearing was held, of which reasonable public notice was given and at which parties interested were given reasonable opportunity to be present, to produce evidence, and to be heard; WHEREAS the Commission has reported to the President the results of said investigation and its findings with respect to such differences in costs of production; WHEREAS the Commission has found it shown by said investigation that the principal competing country is Cuba, and that the duties expressly fixed by statute do not equalize the differences in the costs of production of the domestic articles and the like or similar foreign articles when produced in said principal competing country, and has specified in its report the decreases in the rates of duty expressly fixed by statute found by the Commission to be shown by said investigation to be necessary to equalize such differences; and WHEREAS in the judgment of the President such rates of duty are shown by such investigation of the Tariff Commission to be necessary to equalize such differences in costs of production; NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do hereby approve and proclaim the following rates of duty found to be shown by said investigation to be necessary to equalize such differences in costs of production: A decrease in the rate of duty expressly fixed in paragraph 501 of title I of said act on sugars, tank bottoms, sirups of cane juice, melada, concentrated melada, concrete and concentrated molasses, testing by the polariscope not above seventy-five sugar degrees, and all mixtures containing sugar and water, testing by the polariscope above fifty sugar degrees and not above seventy-five sugar degrees, from 1.7125 cents per pound to 1.284375 cents per pound; and A decrease in the rate of duty expressly fixed in paragraph 501 of title I of said act for each additional sugar degree shown by the polariscopic test, from three hundred and seventy-five ten-thousandths of 1 cent per pound additional, and fractions of a degree in proportion, to two hundred and eighty-one and one-fourth ten-thousandths of 1 cent per pound additional and fractions of a degree in proportion. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this ninth day of May in the year of our Lord nineteen hundred and thirty-four, and of [SEAL] the Independence of the United States of America the one hundred and fifty-eighth. By the President: CORDELL HULL Secretary of State. FRANKLIN D ROOSEVELT Decreasing duty to costs of production. equalize differences in Vol. 46, p. 630. 86637°-34-PT 2-30 [No. 2085] GENERAL LAFAYETTE MEMORIAL DAY BY THE PRESIDENT OF THE UNITED STATES OF AMERICA WHEREAS May 20, 1934, is the one hundredth anniversary of the death of General Lafayette; and WHEREAS by House Joint Resolution 317 of the Seventy-third Congress, approved May 18, 1934, the President of the United States is authorized and requested to issue a proclamation calling for the observance of May 20, 1934, as General Lafayette Memorial Day: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do hereby order that the flag of the United States be displayed on all Government buildings on May 20, 1934, and do invite the people of the United States to observe the day in schools, churches, and other suitable places, with appropriate ceremonies in commemoration of the death of General Lafayette. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 18th day of May, in the year of our Lord nineteen hundred and thirty-four, and of the [SEAL] Independence of the United States of America the one hundred and fifty-eighth. FRANKLIN D ROOSEVELT By the President: CORDELL HULL Secretary of State. [No. 2086] May 28, 1934. Sale of arms, etc. Ante, p. 811. SALE OF ARMS AND MUNITIONS OF WAR TO BOLIVIA AND PARAGUAY BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS section 1 of a joint resolution of Congress, entitled “Joint Resolution To prohibit the sale of arms or munitions of war in the United States under certain conditions", approved May 28, 1934, provides as follows: “That if the President finds that the prohibition of the sale of arms and munitions of war in the United States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and if after consultation with the governments of other American Republics and with their cooperation, as well as that of such other governments as he may deem necessary, he makes proclamation to that effect, it shall be unlawful to sell, except under such limitations and exceptions as the President prescribes, any arms or munitions of war in any place in the United States to the countries now engaged in that armed conflict, or to any person, company, or association acting in the interest of either country, until otherwise ordered by the President or by Congress.” AND WHEREAS it is provided by section 2 of the said joint resolution that "Whoever sells any arms or munitions of war in violation of section Ante, p. 811. 1 shall, on conviction, be punished by a fine not exceeding $10,000 or by imprisonment not exceeding two years, or both." Announcement of President. NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred in me by the said joint resolution of Congress, do hereby declare and proclaim that I have found that the prohibition of the sale of arms and munitions of war in the United States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and that I have consulted with the governments of other American Republics and have been assured of the cooperation of such governments as I have deemed necessary as contemplated by the said joint resolution; and I do hereby admonish all citizens of the United States and every Warning to abstain person to abstain from every violation of the provisions of the joint from violation of law. resolution above set forth, hereby made applicable to Bolivia and Paraguay, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. And I do hereby delegate to the Secretary of State the power of taExceptions and limiprescribing exceptions and limitations to the application of the said joint resolution of May 28, 1934, as made effective by this my proclamation issued thereunder. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the city of Washington this twenty-eighth day of May, in the year of our Lord nineteen hundred and thirty-four, [SEAL] and of the Independence of the United States of America the one hundred and fifty-eighth. By the President: FRANKLIN D ROOSEVELT CORDELL HULL Secretary of State. [No. 2087] SUSPENDING THE PROVISIONS OF THE DAVIS-BACON ACT OF MARCH 3, 1931 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS section 1 of the Davis-Bacon Act of March 3, 1931 (ch. 411, 46 Stat. 1494), provides: “** * Every contract in excess of $5,000 in amount, to which the United States or the District of Columbia is a party, which requires or involves the employment of laborers or mechanics in the construction, alteration, and/or repair of any public buildings of the June 5, 1934. Davis-Bacon Act of March 19 Vol. 46, p. 1494. building contracts. less than prevailing rates. United States or the District of Columbia within the geographical Stipulation not to be limits of the States of the Union or the District of Columbia, shall contain a provision to the effect that the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the public buildings covered by the contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village, or other civil division of the State in which the public buildings are located, or in the District of Columbia if the public buildings are located there National Industrial Authority of President in emergencies. of Davis * ،، ** WHEREAS section 206 of the National Industrial Recovery Act (ch. 90, 48 Stat. 195, 204) provides: * * * "All contracts let for construction projects and all loans and grants pursuant to this title shall contain such provisions as are necessary to insure (2) that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual directly employed on any such project shall be permitted to work more than thirty hours in any one week; (3) that all employees shall be paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort * * *” WHEREAS the Secretary of Labor and the Administrator of Public Works have informed me that the concurrent operation of the aforesaid provisions of the Davis-Bacon Act and the National Industrial Recovery Act cause administrative confusion and delay which could be avoided by suspension of the provisions of the Davis-Bacon Act; WHEREAS section 1 of the aforesaid Davis-Bacon Act authorizes the President to suspend the provisions of that act in case of a national emergency; and WHEREAS I find that a national emergency exists: Bacisionsuspended NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do by this proclamation suspend until otherwise provided the provisions of the Davis-Bacon Act of March 3, 1931, as to all contracts made or to be made, except those entered into prior to June 16, 1933, and those entered into on or subsequent to June 16, 1933, which contain the provisions required by the said act of March 3, 1931. Executive Order 5778 suspended. And I do hereby suspend until otherwise provided the provisions of Executive Order No. 5778, of January 19, 1932, prescribing certain stipulations to be incorporated into public building contracts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 5'' day of June, in the year of our Lord nineteen hundred and thirty-four, and of the [SEAL] Independence of the United States of America the one |