NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
EXCELSIOR AND EXCELSIOR
AS APPROVED ON APRIL 3, 1935
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents. Washington, D. C. ~. Price 5 cents
UNIrv. OP FL LU.
Approved Code No. 146-Amendment No. 2
Registry No. 310-02
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
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Seattle, Wash.: 1730 Exchange Building.
Approved Code No. 146-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
EXCELSIOR AND EXCELSIOR PRODUCTS
As Approved on April 3, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
EXCELSIOR AND EXCELSIOR 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 Amend-
ment to the Code of Fair Competition for the Excelsior and Excel-
sior Products Industry, and hearings having been duly held thereon
and due consideration having been given with respect thereto, and
the annexed report of the Assistant Deputy Administrator on said
Amendment, containing findings and recommendation with respect
thereto, having been made and directed to the National Industrial
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6359, dated September 27, 1934, and otherwise,
does hereby approve and adopt said report, recommendation and
findings and does further 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 does hereby order that said Amendment
annexed hereto be and it is hereby approved, and that the previous
approval of said Code is hereby amended to include an approval of
said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIS,
WASHINGTON, D. C.,
April 3, 1935.
REPORT TO THE NATIONAL INDUSTRIAL RECOVERY
NATIONAL INDUSTRIAL RECOVERY BOARD,
National Recovery Administration, Washington, D. C.
GENTLEMEN: I transmit herewith a proposed Amendment to Arti-
cle VII of the Code of Fair Competition for the Excelsior and Ex-
celsior Products Industry. This Amendment is partially described
DESCRIPTION OF AMENDMENT
This Amendment will delete Article VII, Rule 11. However, the
provisions of the deleted rule are included in the new Rule 11 which
it is proposed to substitute.
The Amendment will require that any manufacturer of Industry
products shall mark any such product, prior to selling it or offering
it for sale, with his name and address or symbol and symbol num-
ber; such symbol first having been registered with the Code Authori-
ty, and a symbol number having been assigned the manufacturer by
the Code Authority. The Amendment also provides that the manu-
facturer shall not substitute the name and address or trade mark of
a distributor or jobber or any other party for his name and address
or symbol and symbol number. This, however, does not prohibit the
use of the distributor's name or trademark in addition to the name
and address or symbol and symbol number of the manufacturer.
APPLICATION, REPRESENTATION AND CONSENT
The Code Authority in a letter from the Executive Officer, dated
November 24, 1934, submitted this proposed Amendment. A Public
Hearing on this and other Amendments was held on January 10,
1935, in the Carlton Hotel, Washington, D. C. Pursuant to points
discussed at the Public Hearing the wording of the Amendment
was revised for the purposes of clarification and consistency. In
this revised form the amendment was submitted to each member of
the Industry and the result of the ballot taken shows a majority
of the Industry in favor of the Amendment. Of the fifty mem-
bers of the Industry who replied to the ballot, thirty-four were in
favor of the Amendment, fifteen were opposed and one member stated
he was not entitled to vote by reason of not having paid Code fees.
On the basis of volume of sales for 1934, 72% of the Industry voted
in favor of the Amendment, 10% were opposed to the Amendment
and 18% did not vote. Some slight additions subsequently sug-
gested by the Advisory Boards have been included in the Amend-
ment as now submitted but these have in no way affected the mean-
ing of the text.
OPPORTUNITY TO BE HEARD ACCORDED TO PERSONS ENGAGED IN OTHER
STEPS OF THE ECONOMIC PROCESS
Notice of Hearing No. 171-A was published on December 21, 1934,
and afforded an opportunity to persons or groups who could show
a substantial interest in the effect of the provisions of this Amend-
ment to be heard either in person or by duly appointed representa-
tive either by appearance or by sending a written or telegraphic
statement, in full accordance with Executive Order No. 6527, dated
December 21, 1933. This Amendment was issued with Notice of
Hearing No. 171-A and subsequent revisions have not changed the
effect of the provisions in any respect. Pursuant to the Notice of
Hearing No. 171-A two protests were received from distributors.
These protests indicated the protestants believed the Amendment
under consideration would prevent the marking on Industry prod-
ucts of the name and address or trade mark of distributors, jobbers
or dealers. Explanation was made to the protestants that this
Amendment would only require the manufacturer to mark his prod-
uct with his name and address or symbol and symbol number and
would not prevent additionally marking the product with the name
and address or trade mark of the distributor, jobber or dealer. In
reply to this explanation one of the protestants wrote, in part as
We see no harm, in fact, we think it is a good idea for every
manufacturer to have an identifying symbol on the excelsior which
they manufacture. We see no possible objection to it. We are
glad to see that your thoughts are the same as ours, namely, that a
manufacturer's symbol being stamped on the product would not pre-
clude the use of our trade mark."
CONSIDERATION BY THE NATIONAL RECOVERY ADMINISTRATION
This Amendment has been considered by the several Advisory
Boards and Divisions of the National Recovery Administration in
the manner and to the extent required under the Office Manual.
The Amendment is designed to eliminate an unfair competitive
practice. The Code requires that Industry products must have the
grade visibly marked thereon by the manufacturer when sold or
offered for sale and prohibits false grade marking. Grade Standards
and Classifications of Industry products, as provided in the Code,
have been approved for this Industry. These Grade Standards and
Classifications of Industry products specify the requirements for the
various grades of Industry products and, in addition, contain a pro-
vision requiring sterilization of certain classes of material utilized in
the manufacture of paper excelsior. This Amendment provides a
means of identifying the manufacturer of an Industry product
after such product has left his hands, and thereby provides a means
of enforcing the Code requirement that Industry products be marked
with their correct grade as provided in the Grade Standards and
Classifications of Industry Products and the requirement that cer-
tain grades of paper shall be sterilized prior to being manufactured
into paper excelsior.
The Amendment is not designed to promote, and does not effect,
any monopoly or monopolistic practice, nor does it discriminate
against small enterprises. This Amendment will promote the organi-
zation of Industry and will induce united action, thereby removing
obstruction to, and preventing obstruction to, the free flow of inter-
state commerce and does also thereby provide for the general wel-
fare. It applies to, and benefits, all members of the Industry equally.
The Code as amended complies in all respects with the pertinent
provisions of Title I of the National Industrial Recovery Act, includ-
ing without limitation Subsection (a) of Section 3, Subsection (a)
of Section 7, and Subsection (b) of Section 10 thereof.
On the basis of all the facts stated above and the Administrative
findings of law and facts made above, I recommend that this Amend-
ment be approved.
W. JENNINGS BUTTS,
Assistant Deputy Administrator.
The findings and recommendation made above are concurred in by:
A. C. DIXON,
Deputy Admin istrator.
W. P. ELLS,
MARCH 23, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE EXCELSIOR AND EXCELSIOR PRODUCTS IN-
Delete Article VII, Rule 11, and substitute in lieu thereof the
RULE 11. Marking or0 Branding.-(a) No member of the Indus-
try shall sell or offer to sell any product of this Industry without
clearly stating in the marking visible thereon or upon the package
thereof, the grade and the name and address or symbol and symbol
number of the manufacturer. No member of the Industry shall
substitute for his or its name and address or symbol the name and
address or trade-mark of any distributor or jobber or any other
party who is not the actual manufacturer of the product marked.
(b) Any member of the Industry may use a symbol and symbol
number in place of his name and address provided that such symbol
shall first have been registered with the Code Authority. If prior
to receiving an application from a member of the Industry for the
registration of such a symbol, the Code Authority has had regis-
tered with it a symbol of any other member of the Industry which
is so similar to that of the applicant as to cause applicant's symbol
to tend to be deceptive or misleading, the Code Authority shall so
notify the applicant and the applicant shall withdraw or revise his
or its symbol. Each member of the Industry shall be given a num-
ber for his symbol and thereafter shall mark his or its products
of this Industry with both his or its registered symbol and number.
(c) Any member of the Industry may use a trade-mark as a sym-
bol provided that such trade-mark has been registered with the
Code Authority as a symbol in conformity with the foregoing pro-
visions of this section.
Approved Code No. 146-Amendment No. 2.
Registry No. 310-02.
UNIVERSITY OF FLORIDA
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