NATIONAL RECOVER ADMINISTRATION
CODE OF FAIR COMPETITION
RETAIL JE ELBRY TRADE
For sale by the Superintendent ofDocum~ents, Washington, D.C. - Price 5 cents
Approved Code No. 142--Amendment No. 2
Registry No. 1631--11
AS APPROVED ON SEPTEMBER 6, 1934
WE DO OUR PART
UNIV. OF FL Lia.
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Foreign and Domlestic Commlerce.
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Approved Code N'o. 142-Amendment No. 2
AMENDMENT TO CODE OPF FAIR COMPETITION'
RtETAI[L JEWVTELRYe~ TRADE
As Approved on September 6, 19341
APPROV'INGJ AM\ENDMIENTS TO CODE OF FAIR COMPETITION FOR THE
RETAIL. JEWELHYT TH.1DE
An application having been dully made pursuant to and in full
compliance w~ith the provisions of Tjitle I of th~e National Industrial
Recov~ery Alct, approved June 16, 1983, for approvn\al of an amend-
mnent. to the Coder of Fair Comlpetition for the Retail Jewelry Trade~,
andl hearings hav\ingi been duly held thereojn and the annexed report
on said amendmllents, containing findings with respect thereto, having
been madle andl dfirected to thie President :
NOWV, THEREFORE, on behalf of the President of the United
States, I, Hurgh S. Johnson, Admninistratorr for Industrial Recovery,
p~ursunnt to aultho~ity e~sted in me by Exe~cutive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated Decemiber 30,
1933, anid otherwise; do hiereby inearpor~ate, by references, said an-
nexedl report anld do find that said amlendmlents anrd the Code as con-
st.itutedl after being amendedl comply in all res~pects with the per-
tinent provisions andt will p~romote~ the policy and purporses of said
Title of saidl Act, and do hereby order that said amnendment~ be and
it is hlereby appr~ovedl, and that. the! previous approval of said Code is
herebyr modified to include an approval of said Code in its entirely
HUGH S. JOH NSON,
Admiinijsl~trato for Intdust~trie Re~cov~ery.
ROBERcT L. HousToN,
D~L~6ivis~~~iio Ad i:Fnistratr
Seiptemnberl 6, 19~34.
REPORT TO THE PRESIDENT
The Wh'~ite Houflse.
Smr: This is a report of the Hear~ing on certain amerndments to the
Code. of Fair Comp~-etit~ion for the Retail Jewelry TIrade, conducted
in thle Rose Roomi of the WVashingaton Hotel, WVashington, D. C., on
Jul~y 19, 1934~. Thle amendments which are attached were presented
by thfe National Retail Jewelry Trade CoJuncil, w-hich1 is the national
retatfil jewe~lry) codes authority, andl as su~ch thle duly quallified and
atho~!rrized: r~eprlesentative of' thet Trade.
T31he first o~f thle annexed amnendmle nts~ gives theL Codle Authlor~ity the
right to present to the A~dministrator r~ecomlmendationos basedl on
csondlitionls ;n ther Trader (incluii;ngp inieI~rprentati ns uInd. or' mlodifiCaZ-
tions) arnd to assent to suchi recomimen dation s on behalf of the Tradle,
these recomm nendantionsi b~einga suchi as will tend to, effect uate t~he opera-
tioni of the provisions of this Code and the poic~ies. of' the National
Inldustriall Recov-er Ac~t. It is felt th~at, this; prov'ision3 withl rega~d
to th~e right, of the C'ode Authority to present such recommendations
and to assent to them on behalf of the Trade wiUl permnit the Code
Authlority to mnore properly exercise their functions ulndetr the Ciode
thian the former provision on that siubject, which wFas dleletedl thr'olgrh
thec sublstitumii n of ~thi: new- provrision.
The second -~of thel3 amenidments annexed hereto is thie standard
provilsion suggested by the Legal DivisLion to enable~ Code Aut~horities
to obtain funds with wh~ich1 to a~dmliinister Codies. Ti rvso
establishesi a manlldatory' aLsseESment to be obtained fr~om~ all mnembers
of the Trade, andt sets forth the powTers and duties of thle Code Aur-
thority with respect. to the method of a~ssessmentcnl- the budget and t~he
exp~enditure of funds so obtaiinedl. Inasmnuchi as thle former pr~ovision
relating~ to the expenses of thle CoDe~ Authoriity did not provide thle
Cole Authjor~ity with thle po~er~s necessary~ to adequa~ltely~ obtain
funds nec~es-'ary to adiminister thle Code for iThe Tradle, it is felt that
the subs-titutiorn of the provision embodied in thisi amlendmlentt was
Thle third amlendmlent. annexed hereto changes thle name of t~he
Coder Authlority in thisj Trakde to National Retiail Jewelry 3odle
A uthor~ity,)" alnd gi'ves the National Code Au~thorityr and the Local
Code Authorities in this Trade thle right to inc~orporante ulpon comu-
plying with certain requirnements. I~t is felt that a great dleal of mis-
ulnder~stndliing5 will be avoided~c by designating the Code Authority
by a namne which has more common usage and undlcerstandling than its
formler name. It is also felt to be desirable to permit the National
andl Lrocal Code Authorities in thlis Tr~ade to incorporated! whlenever
they desire to do( so andc- comnply wvith certain r~equi~rements estab-
lishedl in this amlendmnent, in order that. mem~be rsj of the Code Au-
thorities will not. havre individual liability fr acts p~erformedl on
behalf of the Trande in admlinistering this Code.
Th~e DeputyS Admlninistrator in his finall repotln'f to me on sa~id amend-
ments to said Cod~e having foundl a.- hlerein set~ forth atndl on the basis
of all the proceedlings in1 th~is maltter;
I find that:
(n) The amlendme~tnts to said Codl e andi the C~ode as amendedl~c- are
well designers to p~rom~ote the p.olicies and purpos~es~ o Title I of
th~e Nationaol Indusltr~ial Re~o~v~ery Ait, inlcludi'ng the removal of ob-
structions to the free flow of interstate anld forleign commerce which
tend to d~imnillsh the amonlrlt thereof, and will proid~e for the ge~neral
welfare by promoting the orlganizatio n of industry for the: purpose
of cooperative' netc~i on aong trade groups, by ind~ucing~ andi ma~in-
taining united action of labor and manlagmenten undr-li adequate gov-
ernmerntal sanctioin and supervisionl, by chanintme unfawfli! comlpeti-
tire pr1actices, by~ promnotinrg the fullest p~ossible uitilization of thle
present. produlc-tive capne)ity iof industries, by avoidfing u~nd-ue rerstric-
tion of production (except~ as may be temnpo~rarily requ~lired), by ins-
creasingr the conlSUmlptionl of inlduStral and lgrriculturn I prodlucts
through increasiing purch~la ing p~ower, by r~educing Sand re~liev~ing un-
emp~loy~ment, by~ ;improv;ngr standa3Irds of labor, and1 by otherwiise
(b) The 60de as amended complies in all r~espec~ts- with~ ther pe'-
tinent, pov'isions of~ sail Title of said Atct, inr'lc~ludin withou~lt :lim~ita-
tion Subselctio~n (a,) of Section 3, Subsectionl (a) of Sec-tion 7 andB
Subsection (b) of STection 10 thereof.
(c) TIhe Code empowers the Na;tionaitl Retail Jeweltry Trnule~ Couni-
cil to present, th-e a~for~esalid amepndmient on beh-alf oT .th~e indusrltry
a a w~hole.
(dl) The amlendmentns and thfe Code as amnendled are not dlesignerd
to andl will not peHrmlit monopolizes or monopolistic practices.
(e) Th~e amiendmentss and t~he Code as amende~d are noct designed
to and will not eliminate or op~press smnl~l enterprises andl will niot
ope~rtat to discriminate agSainst them.
(f) Th~os engaged in other steps of the economic: process ha~ve not
been deprived of the right. to be heard prior to approval of said
For these reasons t~he amendlments have, been ap~proved.
Hvon;E- S. JoRNSON,
SEPTEIMBERZ 1 1931.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL JEWELRY TRADE
Subsection (b) of Article IX,? Section 2 of the Code of Fair Com-
petition for the Retail Jewelry Tr~ade shall be amended by substi-
tuting t.herefor the following p~aragr~aph:
( b) Recomm ,endlation.--The National Reta il Jewfelry Code Au-
thority mray fromt time to time present to t~he Admninistrator recomn-
mendat~ions (including proposed modifications) and may assent to
recomnmen dat~ions includinga proposed mlodific~ations) based on con-
ditions in the Retail Jewelry Trade which will tend to effectuate the
operation of the provisions of this Code and t~he policies of the
National Industrial Recovery Act. Such recommendations (in-
cludingu propiosedl modlifications) hall uponwl ap~proval by the Adminis-
trator become operative as part of thiis Code.
Subsection (f) of Article IX, Section 2, shiall be amended by sub-
st~ituting therefore the following paragraphs:
( f) Paymentri of I'ost of Ad mll.inistra~tion.-
(1) It. being found necessary in order to support the admninistra-
tion of thiis Code and to mlaintainn the standards of fair competition
established hereunder andl to effectuate thle policy of the A-ct, the
Code Auth~ority anld several Local Code Authorities are authorized:
A. To incur such r~easonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which miay be raised as hereinafter provided, and which
shall be held in trust for the purposes of the C'ode;
B. To suibmit to the Admlrinistrator for his approval, subject to
such notice and opportunity to be heard as he mnay deemn necessary :
(1) itemized budgets of t~he estimated exipenses for the foregoing
purposes, and (2) equitable bases upon which the funds necessary
to support such budgets shall be contributed by members of the
C. After such budgets and bases of contribution have been ap-
proved by the Admlinistrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Trade, and to that
end, if nlecessary, to institute legal proceedings therefore in their own
(2) Each memberr of the Trade shall pay his or its equitable con-
tribut.ion to t'he expenses of the maintenance of the Code Authorities,
determined as hereinbefore provided, subjecJt to rules and regulla-
tions pertaining thereto issued by the Administrator. Only miem-
bers of the Trade compllying with t~he Code and contributing to the
expenses of administration, as hereinbefore provided, (unless duly
exempted fromt such contributions) shall be entitled to participate
in thle selection of members of the Code Authorities or to receive the
benefits of any of their voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
(,3). The Codle Aiuthorities shall nIeitherI incur nor pay any obliga-
tions sub~stantially~ in excess of the amnounts the~reof as es~timalted~ in
their app~rovedl budgets, andc shall in no event eceedtt~l~ the. total amount
contained in thle apprloved-` budgects, except upon, approval of the
Administrator; andc~ no subsequelllnt budlgects shall conltain any de-
ficiency iteml for Lexpnditurl~e. in. excess of prior budglbet estima~tes ex-
cep't thlnos whichl the Admninistr~ator shall have so approved.
Article IX, Section 2, shal~~l be amendedil'i by adding therecto a nlew~
subscctionl (gr), read-ing as follows:
(g) ~Incrp~~orat"ion .I of Code Avthoriti c;lfi.--Thie Na t io~nal Retail
Jewrelry Tradle @Counlcil, created under Section 2 (at) of this A1?rticle,
shall h~ereafter be known as the "Notional Retail Jewtlry Code
Au tho r~i ty.") The said National Retail Jewrelry rCode. Aulthor~ity and
each L~cal Retail Jewelry Cod~e Aulthor1it~y, created in necordai-ince
w~ithl Section~ 2 (e) of this Article, may, upon submissionl to aInd ap-
prLOval1 by~ the N'ationnl Recover~y Admlnis;traltiorn of its propused
C'ertificate of Imnrporallcl~tion and By-Laws~, inlcorporate undlrer the
laws~ of alny Stalte of thec United. ~S~tates or the District of Columlbia,
sunch c~orporal~tion to be known. as NTational Retail Jewe\\lryl Code
Authority, Inc.," or Local Rtetail Jewerlry Codte Authority for (the
loca ara),Inc.,'" respeectively; providedl- that the powers, duties,
tion of thte Administ~rator, be limited to the powers, duties, objelcts
anld purposes of the Codle Authorit i.-~, as provided in the Code~; and,
provid~ed further, that the existeclce of the said corpora~tionsr shall
be during~ the term of the Code.
If at any time the Admin istra ~ ~to.r shall determ~inile that thle coj~lrporate
status assum~led by the 1Yational Code Authority or any of the Local
Code~ Authorit~ies provided herein are interfer~ing with the proper~t~
exerciser of their powiers and duatiesi underl this ~Code, or with the
app~lication of the policy or purpose of the Act, he may, after such
notice andl hearing as he mnay deem necessary, require an appropriate
modliflenition of the structures of the corporation (if consiste nt. with
the law of thre State of ilc~orploration), or the substitution of anolther
corp~oration created under the laws of anothetr State in the samlle
manner as the exsisting corptora~tionl was created, or such other action
as he may dfeemi expedient.
Apl~proved Codie No. l142-Am~endment.. No. 2.
Reg~istry No. 16~31-1.
UN I VERTYOF LO RID