Por sale by the Superintendent of Documents Washington, D.C. - P'rice 5 cente
Approved Code No. 20IE--Amendment No. I
Registry No. 1625--59N
NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY
COD~IE OF FAPhIR C OMIPETPI TI ON
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
AS APPROVED ON AUGUST 30, 1934
This pubfjeation is for sale by the Superintendent of Documents, Government
Printing Offfce, Wrashingtorn, D.C., and by district o~fflee of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THI-E DEPARTMENT OFr COMMERCE
Atlanta, Ga.: 504 Post Oftfice Building.
Birminghamn, Ala.: 257 Federatl Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Ch~amber of Commerce Building.
CharlestonE, S.;C.: Chamtz~ber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commeree Building.
Detroit, Mich.: 108 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonymle, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenu~e.
Los Angeles_, Calif.: 1163 South Broadway.
Louisvile, Ky.: 408 Federal Building.
Memphis, Tenn.: 229: Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Custombonse.
Norfolk, Vas.: 406 Eas~t Plume Street.
Philadelphia, Pa.: 422" Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Com~erc Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
san Francisco, Ca~lif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 2t01E--Amendmeint No. 1
A~EJIMENDMEN TO SUPPLEM[ENTPARY CODE OF FAIR
WHOL(b~ESAE MILLIIJIINER TrRADP)EI
As Approved August 30, 1934
APRmortNO A MENDMENETS TO SUPPLEMIENrTARY CODE OF FAIR COMPETI-
TION FOR TH-IE ~HOLESALE MILLINERY TRADE
A DIVSION OF TH-E: WHOILES.-LING, OR D)ISTRIBUTING TRADE
~An application, having been duly made pursuant to and in full
compliance with thne provisions of Title I of the National Industrial
Recovery Act, appyroved June 16, 1933, for approval of amnendments
to a Supplementary Code of Fair Competition for the W~holesale
~Millinery TPrade to the Code of Fiair C~ompetition for the Whole-
saling or Distributing T'rade, and hearings having been duly held
thereonl and the anlnexed report on said am~endments, containing
findings with respect thereto, having been made and directed to thze
NTOW, THEREFORE, on behalf of the President of the United
States, I, H~ugh S. Jrohnson, Administrator for Industrial Recovery,
pul~rsunt to aulthority vested in me by .Executive Orders of the
President, including Eecutive Order No. 6543-A, dated D~ecemrber
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code
as constituted after beinv amended comply in all respects with the
pertinent provisions andwill promote the policy and purposes of
said Title of said Act, and do hereby order that said amendments
be and theyv are hereby approedl, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as amended.
HUGocH S. JoHNson
Adin~istratlmo~or for Indatrif~mal Recov~ery.
ROBERT L. 110USTONI
Div~iolo A min~istrator.
Azgugwt 30,) 1934.
83647"---10441- 144--34 (11
REPORT T'O THE PRESI[DENT
The W/thite H-ouise.
SIR: This is a report of the Henr11ing~ on icer!tain amirendments to
thne Supplementary Code of Fair Competition for the Wholesale
Mlilli~nery a'~Trad, a Division of thre Whoi:le~nling or Distributing
Trade, condluctedl in Roomn D of the WashiingSton H1otel, W~ashington,
D.C., on July 20, 1(134., The ametndments, which are ulttached were
pre-ent~ltedl by the Divisional Code ~Auth-orit~y for thes Wholesale
Millinery Trade and have the approval of the Board of Directors
of thle Associatedl Whlolesale Distributors of Ltadies', IMisses' and
Chillr~en's Ha~ts, Inc.
TIlhe unnexedt~c ninell~l llndinnt deal largely with the clar~ifil.atiio~n of
the definition of wh-olesaler or dtistrib:ut~r under the SupplemlentEaryT
Code of Fair Comlpetition for the Who~lesale M~illinery Trad~e as it
relates to wholesalers or diistributors of H~at Bodlies and Mlillinery
Supplies. Proper~rep~rese~i ntatives wpere present~ at the Hearing.
The remailning~i amnendmllents enconilpa., administrative pr~ovisionsa
to aceanconodate~lat certain groups in the Trader: andt further provides
for standardl'!. administrative pr,~ovisio~n- recommended by~~fo the Ad-
ministenion.inee the approval of the Supplementary Cd fFi
Complettitin for the Wilholesale Mlillinejry Trade.
Only one alnullnrdinelt; pertains to fair tr~ade practices and. it aZppea.1rs;
to be! in no way objectionable.
Tlhe~ Deputy Admillinistra;torl in his final report to mre on said muel~nd-
Inenlts to said Cod,lr having folund; as herein set forth and on the
basis of all the proceedt`'ings-in this matter;
I: find that.;
(a) The amen~rlllthuents to said Corde and the Cod~e as amlt;l'ende are
well deigned:r cl to promolllte the policies and purposes of Title I of
the National Indus~tr~ial R~Iecovery Act including the- removal of ob-
structions to the free flow of interstate and foreign co~mmtercet which
tend to cdimni sh~l the amount thereocf, a nd w ill proideF.I~~ for the ge~neral
welfare by~ promotin-g the org~anizalti~ni of indusltryS for the purllpose
of cooperative action of labor anrd manlagemellnt undea aleqluate go~v-
ernmental sanction andl super-vision, by elim-~ina~ting~ unfair comfpeti-
t~ive pratl~tctice, by promoting the fullest possible utilization of the
present prod~iuctive~ capacity of indlusitries by avoiding undn~IE! restric-
tion of production (ecectpt a2s may be temporarily~ requl~ired) by in-
evnsn the consumption of industrial anld ag-1lricltura~il products
through increasing purchasing power,. by reducringS and relieving un-
empllloym~ent, by improving standards of labor, and by otherwise
(b) TIhe Code as unilendled complies in all Icrspeccts with the per-
tinent provisionls of said: Title of said Act, including: withoc.ut limlital-
tion, Subsection (a") of Sectionl 3, Sulsection (a) of Sectionl 7 and
Sub~sectioin (b) of section 10 thereof.
(c) The~ Asso\.ciated; WholesaleC D11iVtibutors3 of UCI;/ rh ,\.l- Throcn ;Ladies',.., ,pT Mi,, nrses anda
Childrlen's Hats, lInc., was and is a tr~ade a7scciation~ tr-uly rep~reserlnt-
t~i ve of the a~foresa~id Trade and that said associ t io~n imp~losed and imn-
poses no inequitable r~esitric~tions on admission to inl~rlember hip thleretin
and conlsenlts to these amendments.
(d) The nllnendinentst. and t~he Code as amended are not des~igned-c
to and will not petrmlit monopolies or monopoclistic: praic.tice ~.
(e) The al-sntendenn~; ts an the Code as amlc~lende are not designed to
and will not elimlinlate or oppress small enlterprises~e and will not oper-
ate to dlisccrimninate against themn.
(f) Those engaged in other steps of the economic process have not
beeri dleprived of the right to be heard prior to approval of said
For these reasons these amendments have been approved.
Hoon S. JoHNSON,
AsU~CsT 30, 1934.
AM~l~ENDMENTU TO SUPPL~EMENTARYt CODE OF FAIR
coMiPETIrT~oIO FOR TH3E WYH[OLE SA-LE MILLINTERYS
A DIT\'fION OF THE WNHOLESALING OR DISTR~IBUTING: TRADE
The Suppleme~lntary Code of Fair Comnpetitio~n for the Whlolesale
MTillinlery Trade is h~ereby nme~rnd-edl by str~iking out Article I as it
nowm reads and substituting the following:
Annarc E I--PURPOAES~
To effeectu~ate ther p~olii~cie of Title I of the National Industri~al
Recovery Act this Supplemllentar~y Code is e.-tabllished~ as a Code of
FIiair Compecttitionl for the Wholesale Millinery T'rade pursuant to
Art~ice V I, Scec~tilln 1 (c) of the General Code~ of Fair Competition
for the Wholesaling or Distributing Tradle, approvF7ed by the Presi-
dent of the United States on January 12, 1934. All provisions of
said General Code which a~re not in conflict with the provisions of
this Supplementaryy Code are hereby specifically incorporated by;
reference in. this Supplem~entary Code and made part hereof. Such
provisions of this Supplementaryr Code are the stan(anelsc of FEair
Competition and are binding upon every member of said Wholesale
The definition of W1l-~holesaler or Distributor under Article
II is hereby amended-~c to read as follows:
WVholesalier or Distributor. 'The term "L Wholesaler or Distribuz-
tor as used herein, is defined~c to mean any individual, partner-
ship, association, corporation. or other firm or division thereof, defi-
nitely organ i zc- to render and whose business is the rendering of a
general distribution service to retailers generally, which bitys and
mar~irtntinls at his or its place of business a stock of any one or more
of the following lines, but without, limitation:
(a) Trimmuedl ladies' hats;
(b) Untrimmed ladies' hats;
ic) Trimmlned misses' hats;
d) Untrimmedi misses' hats;
e) Trimmed children's hats;
(f) Ulntrimmedt children's hats;
()Incidental merchandise pertaining thereto, such as materials
used in making or trimming anly of the above. listed items;
and which through salesmen, advertising andl/or sales promotion
devices sells to retailers generally.
There shall be~ inserted Ilmdel ~A~rticle II, the following definition
of a w~holesaler or distributor of hat bodies anld millinery supplies:
Tl~kol~s~aler or Distr~ibutor of Hat Bodiies andlt .Mill~inery Supc-
p7i~s.-T~he term '"Wholesaler( or Distribu~tor 1" of HuTt. Bodlies
aInd M~illinery Supplies as used her~eini, is defined to mean any indi-
v\idual, partnlership, association, cor~porartion, or other firmi or defi-
nitely organized dlivisio~n thereof, which buys and mlaintanins at h~is
or its places of business a stock of any one or motre of the following
lines, but without limitation:
( llieysple;3~,bdc) Manterlials used in making, trimming or designing ladies,
misses and/or children's hats;
an~d wPhich through salesmen and/or sales prom~lotion devices sells
to retailers but which does not sell in significant amountsllf to ultimate
Section 1 (b) of Article III is hereby amended to r~eadl as follows:
(b) Such Dlvisional Code Authority shall be composed of four-
teen mIembllersc, nine of whom shall be memrlbers of the Ass~ociait ed
Wholesale Distributors of Ladies', Misses' and Children's Hats, Inc.,
and selected by the Board of D~ire~ctors thereof, with due regs rd
for their residences in the maajor markets of th~e Trade, and two
members shall be selected in a manner to be approved by the Admnin-
:istrator to represent, those engaged in the TIrade who are not mem-
bers of thte aforesaid Association, and three members to represent
the ~Hat IBody and Millinery SupplyT Distributors, such repre~se~nta-
tives to be! selected as hereinafter provided:
(1) The Board of Directors of the Associated Wholesale Dist rib-
utors of Ladies', Misses' and Children's Hats, ICnc., shall nominate
ten members engaged principally in the Hat Body and Millinery
Supply Distributing Trade who are not memllrber~s of the Associated
Wholesale Distributors of Ladies', Misses' and Children's Hats, Inc.,
aInd~ shall prepare ballots listing such names, and in addition, such.
ballots shall contain three blank spaces in which any member of the
H~at Body and Mill~inery Supp1aly Distributing Tratde may write his
personal ch~oice. Such ballots sllbe mailed to every member of
such Trade ascertainable bly diligent search by the Board of Direc-
tors of thle Associated Wholesale Distributors of Ladies', M/lisses' and
Children's Hats, Inc.
(2) FIiifteen days after the mailing of these ballots the Board of
Directors of the Associated Wholesale D~istributors of Ladies',
Miisses' and Children's H3ats, Inc., shall publicly open and count the
votes which it has received. The three candidates receivc7ing the
largest number of votes shall be declared elected. The three candi-
dlates receiving the next largest number of votes may be declared
alternates as provided for in Paragraph C, Sect~ion 1, of APrticlle II~I.
There shall be added to Section 1. of Article III an additional
paragraph, to be known as Paragraph (c) to read as follows;:
(c) Alternates may be selected to act for members of the Divis-
ional Code Authority in the same manner and from the same group
as the members of t~he Divisional Code Authority are selected.
Ther~e shall be alled: toi Sec~tion 2 of Art~ice III the following
paragraph to be known,\I as Pa raglraph~l (e) :
(e) 'There~ shall be, created t nCommittee of five who- shall act in all
ma~tters peculiar to ~the Hat 1Body and M~illinery S~upply Trade, an
whlio shatll: report their findings to the Dilvisiona~l Code Aulthor~ity for
final action. The~ nwmbere of this Committee shrl be~ se~rlc'LtedL in theL
follow~vingr manner :
(1): Th~1ree memberlt's of the Divisionarl Code Aluthor~ity shall be
selected by the Chail~rnun of the Divisional Code A~t~hority to, reppre
sent thle members of the W~holesale Millinery TIrade who arec also
enrwaged~ in thre selling of H3at B~odies and Miilliner~y Supplies.i
2), Two members1~1. of the Divisionlal Code AuthorityF shall- be; se-
lected by the C'hairman of the Divisional. Codce A~u~thorit~y to repre-
sent those eng~aged principal~ly in th~be- at, Body and M~illiner~y SuLpp~ly
There shall be: addted to Section 2 of Article III~ the following para-
graph'l to be krnowvn. as Par~agra~ph (-f) :
(f) (1) It being foundlr necessay in ordler to support the admuin-
i rtl!ionl of this Suppl'llementary;I'' Code andl to mlaintain the standards
of fair comupetition tcabllished~' he~retunder~l andi to e~ffec~tuate the po~lic~y
of the Act., the Divisjional Code Alluthoity is aulthorlizedl:
a. To incur suchl re~asonable~ obligations us are~ ntcesslryy anld
proper' for the foregoing pulrpos-, es, and to meet such clbligationsz ou
of funds~l which may be ra;i-;ed as herein~afeter provided and which sh~a;ll
be held in trust for thle purposes of this Suplemelllt~ lntar Code;
b. To~s sllmn~lit to thec Aidmrinistra~ttor for his approval, subject to
such notice aInd opportunity to: be hleardl as he may35 deem- necessary
(1) an. itemized budgett of its e~stimnatedl expenses for the foregomng
purposes, andi (2) an equllitable~ basis upon whlichl thle fulnds necessary
to su-pp~ort, such bwigertt shall be con~ltributed~l by memnbe-rs of th
c. After -u~chl budget and ba~sib of contribution have'C been'1 applrov'ed
by thle AchininistrIatori to, determine and(- obtain equitable contribu-
tionl as above-l rset fourth by all m~r~lembri of the Tradelll, and to that. endi,
if. necessary, to institute legal proc~eedinrl sj therefore in its own namue.
(2) Each Ineinhellr'l of thle TIradJe shall' pay his or its equ~Lif/ltab .Ole o-
tri~buztion to thte expesl~~les of thle mlainttel~nane of the Divisiolnal Codet
Aulthlority cletermiinedt as hetrreina;bove providel', and subject to rules
and regulations pertaining thereto issued byheAmnsrt.
Only 1natubersc of the Trasde~ com1plying. with. the ACode nd constirib-
Iit~ing to the expeses~!~ of its adlm-inistration a~s hercinabo~rve provided,
ulnless duly exemtell-~t d froml making suchb conltributions, shall be en-
t~itled~ to partle~ipate in the- se~lc~ctionl of mlembers of thei Divisional
Code't Auth~lor~it~y or- to receive the benefits of a~ny of its voluntary
activities or toonlake use of anyl cllemble or insignia ofE the National
(3) The Divhincllal Code Ahuthnority shall neither incur nor pay
any oblligat~ionI .ubs;tantia~lly in excess- of the amon~jl-t thereof as. esti-
ma13ted(. in its approvlc')el' budget, anld shall in no event cs-exced the total
amoncllt conltainm~l ini thelc approved blulglet except upon~ approval of
th~e Adiministrator;; and no subseque~n t budget shall cocntinl anly
deficiency iteml for expenditures in exscess of prior budget estimiates
except those which the Admlinis~trator shall have so approved'.
There. shall be added to Seczltio~n 2 of Artile III the followmin~rr
paragraph to be knlown- as Para~graph. (gS) :
(g) To rIecommelnd~r to thle. Admjini strator any alctio~n or measuresl't~
dteemed advisab~le, inc~ludting further fair trade practice p~rov\isions,
to govern members of thle Trade in their re~ilations~ with each other
or with other trades, measures for induslltr~ial p~lanlningr andl stabili-
zation of employment; and inc~lud~ing~ modifications of this Supl~ple-
mentary Code which shall b~ecamlie effective as part herei~of upon
approval byr the ~Administrator after such hearing and notice as he
mazy speci fy.
TChere shall be added to Article IVT the following Sectionr to be
known as Section V:
SECTIION V/. Xjyptreent of Goods.-A-ll shipmenmts by members~.- of
the Trade shall be made f.o.b. city of wholesaler, except under cir-
enrmstances as may be defined by thle Divisional Code Au\thority,
subject to the approval of thne Aldministrator.
Approvedl C'odet No. 201E--Amendment No. 1.
RegistryT No. 16i25-39N.
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