Supplementary code of fair competition for the sponge preparing and wholesaling or wholesaling industry (a division of t...


Material Information

Supplementary code of fair competition for the sponge preparing and wholesaling or wholesaling industry (a division of the fishery industry) as approved on April 27, 1935
Portion of title:
Sponge preparing and wholesaling or wholesaling industry
Physical Description:
12 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Sponges -- United States   ( lcsh )
Wholesale trade -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 908-01."
General Note:
"Approved Code No. 308--Supplement No. 11."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004943062
oclc - 655306192
System ID:

Full Text

- r -- II




Forl sale by the Superintendent of Documents, W~ashington, D). C. Price 5 center

Approved Code No. 308--Supplement No. 11

Registry No. 908-01








(A Division of the Fishery Industry)


This plublirention is for sale by the S~uperintendent of Doc~ument~-, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlalnta, Gar.: 02.1 C'itizlens & Southern National Ba~nk Buol~ iblin
Ba~ltimore, Mdt.: 1::(, Customlhouse.

Boston, M~ass.: Rnoom 1"100. 80 Federal Street.
Buffalo, N. Y.: 219 Wh'lite Builiu .
Chlil.; nI Ill.: Roomz 2rr4, 400 Nollrth Michigan Avenue.
Cl)evelandt, Ohio,: ."du Bulkley Bulhljliil.
Dallas, T'ex.: 1212 T:eplublii Batnk Building.
Detroit, Mich.: 415 Newv Fedferal Building.
Houston, Tex. : -ROMInm ~li n Iiilding.
Jacksonville, Fla.: 425 United State~s Courthouse andl~ Post Offlee
Los Angeles, Calif.: 751 Figueroa Street, South.
Ltouisville, Ky.: 4115 Federal Building.
M~inneap;lolis, M~inn.: 900 Roanokle Building.
Nashville, Tennl.: 41;5 Cotton Sta\tes Buibling.
Ne~wark, N. J.: 434 Industrial Office Bunildling, 1060 Broand Street.
New Orleans, La.: 214
NewN York, N. Y.: 45 Br~oadlwaS.
Oklahoma City, Okla.: 427 Cocmmlerce Esthange Bui~lding.
Ph~iladllc hilti n. Pa.: 933 Comlmercial T'rut Building.
P'ittsb~lurgh., Pa.: 401 Law and Fiinance~ Dildling.
Portland, Oreg.: 407 Park lBuilding.
Providence, R~. I.: National Exschl~uge Bank Building, 17 Exchange
St. L~ouis, M-o.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: H-umbolt Balnk Buildting, 7185 Malrket Street.
Seattle, Wash.: 1730 Exchalnge Building.

Approved Code No. 308--Supplement No. 11



As Approved on April 27, 1935



_An application. having been duly made pursuant to and in full
compliance with the provisions of Title Ii of the N~ational Industrial
]Recovery Act, approved June 16, 1933, for approval of a supple-
nientar~y code of fair competition for the sponge preparing and
wholesaling or wholesaling division of thle fishery industry, and
hearing having been duly Ihelcd thereon and the annexed report on
said code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THIEREFORE, on behalf of the President of the U~nited
States, the Nat~ional Industrial Recovery Board, pursuant to aLuthor-
ity vestedl in it by Executive Orders of thne President, including
Executive Order No. 6859, and othe~rwse, does hereby incorporate
by reference said annexed report and does find that said code com-
plies in all respects with the pertinent provisions and will promote
the policies and purposes of said title of said act; and does hereby
order that said code of fair compllletition be and it is hereby approved.
ByT W. A. HARRIM[AN, AdmJin;isfltali~ce Oflpoer.
Approval recommended :
Division Administrator.
April 97, 1935.

132210 0---1749-G5--35


The W~hite H~ouse.
Smr: T'his is a recporIt onl the Supplemlentar~y C~ode of Fair;il Conil-
petition for the Sp'''ge~ Prepar'ing and W~holesalingS or Wj~l~~~ holel ing,
Indus~rtry (a Divisionr of the Fi'ihery3 Industri1y) ai r'evised] after,
Public H--earingr tcornd~c~tedc' in Wash~lington, D). C., on De(Cember~'l 17
a~nd. 21, 1934, in accordtance withl the proviisions of the NatfionallI
Industr~ial Rcovecry'3 Alct. TheI( code is spionsor~ed by the Spiong~e In-
stitute and thle Florida~ Spong~e Pac~kers A"ssoc~iationl irltrad ncn
tions wiith their principals l ffices in Wiashingrton, D). C., and Tarp~on
Springsi, Florida, respiectively, andi by a code e-mnllite e c e~llecte
b~y ballot of the ind~uct ry, to whtrich counltitterc rithl t~he acqruiescen~lce
of thie inlCllmbe~nt.. membericr s andl the Naltional~l Recovery Admirnlli:-ten;-
tioni, certain member-

clutdes thle wash~]ing. cuttingg, clip~ping, trainlling. dyIng.ll~ oting'fl,
bleachling. b.uing, packl'ing,~ togePning,~ wrappingr, pa"'ckagingir~ and3 kin-
dlred manipulation o sp~ongecs, andl the wholle.-:!l ln thereof, exsceplt
by cleaningf supply, paint- or hlardwrye dlealers, or drugg~istsjf.
The? Iraw supplies for thle industry arer obtainled flroml fishiling \.eS-
sels opeCIratingll out o~f F7loridla sports andl thlrough implEortatlionfs fromI1
Cubia and thre B3ahaman Islandfs. Jl1 t, of the spongesr~l ab:tin~ine fromn
dlomlest~ic producers ar~e purchlasedl through~i the~ 'lTllrpe Spi-;ings
Spongell Exrchngeo at Tur1pon<. F~lorida.l where! the fishermenl~ll
tarke their .spo~ng. for sale alt alc~tionl.
After thre -ponllges are purchasedl fromt the fishermen, they~ are(
taken1 to the pnekingll~ h1ouSeS, where they ar~e wabihed~, tr'inanedl. cutf
drlia~l, baled and shipped tl thle wrholfesale dealerls whlo are hwaK';tlal in.
the 1Inger1 cities osf th-e U~nitedX Stattes. There thel sponges' nia1.v be
furth~~er cleaned, blan;ched~i, w~r~appedi tagged.C andtl packagedI~' I before.
shi~lu~ngt to the jobhors~l andt Iretail dealers., New, Yor~k City i; t he~
principal import mlarkret. Ini lor::: about'76 p~er cent of thle cllantlity'
of sponge.,~ imlportedl enterled ther United (States thmucll~ h Newc York~l.
A la~1~rge parlt of thie imnpor~tted sponges is soldi inl theI or1iinlpka.
'IlThre are 57 prepanr~ing~ andit whole a~ling or whah--al~~~ir lne establishl-
1Hcits iIIn 1 till ill~truty co\rI )/ ( 10~ ti K OO 11() arit W5 age e:-tlrncr. 'i'le ;Igg'~lfgt' Vo lllin*l Off :ll's ;InllmllySt

mautely $1,5C00,000.

Mrit otherl cfftit'0 Plnl'l ) HyeP: )0( I000ftictcle/ to,-( Iii~r ~ intif ;I\ \\llY 11- b

hours in anly day, annd 6 dlay~s in any 7, except. that during 5 weeksj in
any year such employees mlay be permitted to work: 44 hours per weekr,
or 9 hours per day, provided they receive time and one-third the
normal rate of pay3 for- all hours wNorkedt in excess of 40 per wee~tk
or 8 per day. No other employee shall be permit ted' to workl in
excess of 40 hours per w~eekr, or 8 hours per day, or 6 days inl any 7,
w~iith the exception of executives,~ supervisory and3 administrative eml-
ployees who receive $35r.lll per week; or more; outside salesmen whoe
spend 80 per cent of their time awaty from the premises~ of their emp-
ployer;; stationary engfineers and stationary firemenl'I, chauffeurs, and
deliverymen, provided they shall not be permittedl to work in excess
of 48 hours in any week; employees engaged in emergency mainte-
inonce and emerclgenlcy repair work, provided they are pa'id at least
time and one-third the norman~l rate for hours wo~llrked in exce ss of
the maximum es~tabli-hed for them; and for not m~ore3 than 16 weeks
in any yealr employees skilled in blen:chtingo and p~ackling sponges may
be permitted to work 48 hours per weekr, provided they are paid time
and one-third the normal rate for hours worked~~!l in excess of 40 per
weekr or 8 per day.
With- respect to wag~es the indus~tryS proposes that no clerical,
accounting or other office employee shall be paid less than at the
rate of $16.00 per w\eek,? except that office boys may be employed at
a rate of not less than $14.00 per week. O~ffic~e boysv are limited to
5 pe~c~elt of all office employees but at least one may be employed.
No employee engge solely in the light work. of tgig packaging,
or wrapping shall be pafid' less than at the rate o~f $114.0)0 per wYeek
for those who work~l by the w~eekr or 35 cents per hour for those who
work by the hour. No other employees shall be paid less than at t~he
rate of $16.00 per week for those who wrork by the w-eek or 40 cents
per hour for those wpho work by the hour.
In addition, the code contains general labor provisions which are
intended~l to be of direct benefit to emnployeS.c~


The unfair methods of competition provisions of the code include
prov'\iuions11 withn respcl't to participation in code and false informna-

TPhe Acting Deputy Administrator in his final report to the
National Industrial Recovery Board on. said code, having found
as herreinl set forth and on the basis of all the proceedings in this
matter :
The Nai~tional Industrial R~ecovery Board finds thnt:
(al) Said code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery ~Act, including
removal of obstructions to the free flowm of interstatte and foreign
commerce which. tend to diminish the amoncllt thereof, and vicill pro-
vide for the ~general~ welfare by promoting the organization of in-
dustry for the purpose of cooperative action amongn trade groups,
by inducing and maintaining unitedi' action of labor and management
under adetquante governmental anrc~tio~ns and supervision, by elimi-
natinlg unfair competitive practices, by promoting the fullest pos-

sible utilizat~ion of the present p~rotuc~tive c~apnecity of industries, by
avoiding undue Irestriction of pr~odu~ction (except as may be tem-
p~orarily required), by Inlcreaslng the coinsumpitioni of industial,
fishery andc agricu~lturall ~r~odlucts th~rough~ increa~sing~ purchlasing
power, by) I~reducing and relievmg~ o\nemploymevll~nt, by impIroving
.-,tndards~ of labor, and by otherwise rehabtilitatt inig 'indulstry.I
(b) Said industry3 nollrmally emlploy!s not moc~~re than :>0,0i00 em-
p'layee (c) Ther code a2s approvedt compllies~ in all resplc~ts w\ithl the p~erti-
nment prov'\isions of Title I of the Naltional Inlustr~ial RIcovery\t Act,
including writhou~t 1imitation Subsection (a) of FSctio~n :1 Subs~ectlion
{a) of Siection 7 and Subsection (b) of Section 10 thereof.
(d)Th aplcat ropsar tul rpr-ettv oft industry.
NoJ, inequ"itatble rcstris tions on adissrion~i~ to mtemnbership therin~c are
imposedi'' by said group~s.
(e) Thlre code is not des~igned- to and1I will nolt permilllt. monopoCL)(lieS
or mniop~oolistic practices.
(f) 'lThe code is not des~~ignedr~ to andl will not rllimina;te or coppress'~
small ;.nltcerprises and will not operate to dliscr~imin ater near~inst them.
(g) 'Those; engaged~~' inl other step2s of the :co~~ nmic pre,i~,-es whose
services and welfare are effected by the code, have not bee~in clepl~\riv
of the right to bec hleardl prior to approval of said code.
F~orL these: reasons, !Ihere:foreI this divisional (ndet has beenI approved.i'(l
Flior thec Naitionial Indutria~~l Recover~y Board:

APRIL 27, 19r3).



SrEnox(, 1. The National Codte of FEiair Comlpetition for the Fisher~y
TIndusltry with the exceptions and additions hereinafter specifically
enumerated shall con dcitu te: the code of fair competition for the
sponge preparing andi wholesaling or wIholesaling division of the
fishery industry in accordance with Article VIII, Title C, Section 1
of said national code, and shall be the standard of fair competition
for the sponge preparing and wholesaling or wholesaling division
of the fishery industry, and shall be binding upon every member
SECTION 1. Wherever a terml is used in this divisional code which is
de~finedt in said national code, the definition thereof contained in said
national code shall, except as herein provided in the case of whole-
saling, apply to the sponge preparing and wholesaling or whl-ole-
saling division of the fishery industry. As used herein:
(a) Thne term sponge preparing and wholesaling or wcPholesall-
ing industry ": or "C sponge industry "" means the preparing and wNhole-
saling or whr~olesaling of sponges. Said terml does not include th~e
wholesaling of sponges by cleaning supply, paint or hardwccare
deanler-, or druggists.
(b) The term preparing: meanil washing, cutting, clipping,
trimming, drying, sorting, bleaching, baling, packing, tagging,
wraping packiaging, and kindred operations.
(c) Te terms wholesale and wholesaling mean the distribu-
tion of sponges, in the natural. or any prepared estate, to retail outlets
wNhether or not the retail outlets are owned or controlled by the
person or enterpris1i e effectingr thne distribution, hereinafter in this
paragraph referred to as the distributor; and include sales of sponges
between or among distributors. Said terms do not include any
primary sale, in the natural or any prepared state, of sponges taken
from the water, or taken from. the water and prepared, byT persons
engaged by their own manual labor individually, as par~terlcs, or on
a lay basis; and with or wcPithout the cooperation in the work of
one or more employees comp-ensatedt on a time or piece rate basis).
(d) The term '" member of the sponge industry means any indi-
vidual, partnership, anssc-ciatioln, corporation, or other form of e-nter-
prise engaged in the sponge industry, either as an employer or on
his or its own bechalf.

(e) Trhe termn spclnge t"' means thle shleepswool sponge c (Hipp~lo-
sponglia canallic~ularta goj~s~/lphor) and other spoecies of H~Tippospong'i" a ,
En'sponzgia, ASpnlalli; it shall include also ana~1,~~logs eeaue o
coHnll~i~lerl purposes.
(f) TPhe t~erml Exsecutive Conlll~imttee': meanlS a supervisory b~ody
plorovidedt for in Artlicle VtIILI Title C,) Secifonl 1, para;gr~aphl (e) of
saidX un~tionnli code, and er~crted purllllst to the provisions~ of Arlticle
VIII, Title 1B here~tof.
(g) Thte terml "National In~ll-trial R~cc.vleryJ B~oard mac~nsj thle
bodly estiablished by Executive Ordlter N\o. 6S85, datted Sep~tembe~ir 27,
1!,:; 1, to unnlllinister' thetc prIovisionlS of Title I of the Act.
AR:TICLE ~III HoT. us~ or L..Inue
SECTION 1. Thle Ilabor hour pr~ovisionls !cllntained in ALrticle? III of
said national code Shllt not, appl`1Y to th~e sponge~rc ind~uutry, andl~ in
lieut thrc1cf the followingc shall applly:
ja) No < h?-riical, alccounting~ or otther o.fficec employee shall11 be piir-
niitted to wsorki inl excess of forty (4-0) hours inI any1~ week. or eilgh~t (8)
hours in any day, or six (fi) days in any seven (7), rexcept thati dur-
ing~ fiv~e (5) w-eeks inl any year anry su~ch emp~loy maliy bef prml~'li~tted
to w~ork not to c~~excl fort v-four (44) hours in anly weetk, or ninei (9)
hlour~s in any dlay; Pr~cvided( htou-, a r, that time andt o~ne-third the
normal rate hal;l be p~aid for all houlrs worked ini ecsces of for~ty (40)
inl anylS week or erigh~t (8) in any dlay.
(b) No ot~her employee sharll bet permlittedt to, work' inl ecsccs of
f~r~ty (40) hours in anly week,~t; or eightt (M) hourls in~ anny- lay, or
six (6) days in any eventll (7), with~ the follow-inig ex~lcep~tions:-
(1) ExZecutive, supervisory, andl adminil tentiv e empriloyees,~~ pro-
vidied they 1, rec iv \3:.r.0 per wveekr or mlor~e.
(2) Outsidle :tsalesen w~ho spendl at I'en-t eight ly percen"t- (x8 ;.)
of their timlte awia~y from the prem~ises of their employer..

cleliverymlle n; Prov7idec d however~i, that they-\ shall not be: lownslitteelt to
work in xcs!e- o~f for~ty-eighlt (48) hiour~s in any wee!k.

I''repair work: Provlided'Cr howevelCr! that: thecy shanll ber paidj1 at least time
and1~ onle-thlird( the normal rate for holr~s wrorkedtrt in 1slcess olf the
maximumt l e~stabllished2 hereinl for themn respct11(ti \(Ivel

skile i benin nd pnek'ling mnay be permlitted to wonrk not~ to
eceed~~~ forty-eight (49) houirs in any weekl~; PJ~n'rovid howeverrc i that
they shal be( paid;i at Ileast time andr on-thlrd- thel normal ra;te~ for
hlourls workedl~cLC in rexcclss of forty (40) in any week~l o~r cligt (r;) inl anyl

tivee Cclurlnittoo lux ing urisdiction stat ing- he number f hiours
worked~c( in- c' of thet ruar1inalll lnln l frder the provi inuls Of tSecrtionl 1,
pargrah (). uhp ragahs (I) anrd (5i) of this Ar~tic~le.
(d)P No ('ImiiI)*loy shall know)\ingly pemi any employee' to on
for any time wrhlch. when aIlledt~l to th~e timeir -pen~t aIt wo(rk foI:r u-
OdhC, ler 'liblrl' Or Inrlul)PYCS of th ~1)I polI~itn 111011i f OL Otherl l\.iel (O-
evel ( 0 11111 1111111110 0111perstiteelIor i snec ip cl io.

SEICTION 1. TheI Inhe~rl wagec provrisionls conttainled in Artic~le IV of
salid na~tiona~l ecde~ shall not apply to the spocn-lrt indusryl~l3, andC inl
lieu thereof the following shall a~ppl~y:
(a) No clerient, ;I-cou~nting or other office emplolyeee shall be paid
less than at the ra;tc? of $16.00 per week~l, ecep~clt thatt office boys mlay
be emlplo~yed at a r~ate of not less than $14.00 pelr' week. Othen( boys
in ~any es~tablishmlen~t shall not exceedt five per cent (5'";) of all office
employees therein, but ait least one may be employed.
(b) No employee ielngaged solely in the light wrolrk of togeng
pa;ckaging, or wr~apping shall bse panid less than at. the rate of~ $11.00i
per week for those wiho work'li by the4 week or 356 per hour for those
who work by the hour.
(c) No other employee~c shall be pa;idl less thafn at the rate of
1$16.00 perl week for thosc~i whlo work byy the weekc'l or 40$ per hour
for those who work by the hour.
(d) A person whotcse earnling capacity is limiited because of age,
physical or mental handlicap, or other infirmity, ma~y be emnployed~
on light workr at a wtg~e below the. minimum r-tab~lishedc by this
divisional code, if the emplloyer obtains froml the authority desig-
ntated by the United States Depa ~t menti of Labor a certificate au-
thorizing such person's employment at~ such wages andl for such
hours as shall be stated in the ccert ific~ate. Suchl authrc~lit~y shall be
guidedl by thle instructions of the United States Decpartment of
La~~bor in Iss~umg cer~tifie-ntes to such personsll. Each employer shall
file with the Executive Comlmittece having juxrisdlic~tionr a list of all
such 1persons employed by him, showing the wages paid to, and the
ma xsimumll hours of work: for, each such emlployee.
(e) Female emp~loyreees performing thre allc duties as mazle
employees shall receive the same rates of pay.T
(f) In orlder to ma~intain fair differ~entin~ betw-een employeej,
and equitable readjustment in rates of p~ay shall be maltde in cases
of employees who on J~une 15, 1933, received in excess of the mini-
mum rates of pay then preva~iling; but inl no case as a part of such
readljus~tment shall full time weeklyV wa5ges be! reduced. IEach Execu-
tive Conunitte, wFithin sixty (60) days after the effec~tive date of
this divisionall code, shall repor,1t to the Natio>nal Industrial Recove\ry~
Board the realdjustments made pursuant to the provisions of this
(ga) This divisional code establishesr minimum ra~tesc of pay, and
the same shall apply whether the employee het actually compensated
on a .time rate, piece wo0rk, or other basis.
(h) WaVtges LShall be exem~t, from fines; and from chasrges and
ded~c~tionls, except charges and dedu~ctions for emloye'voutr
contributions to insurance, pension or benefit ~fu;nd'Oes, ~ and excepfouta
charges and deductions required by Statel isin~tionl enacted for the1
benefit of emplloyees. Dedcuctions for other p~neposer s may be made
onl~y when an agfreemnent covering the same is redcedlr! to writing
and k~eptl on file byN the emnployer, open to th~e inspection of the Na-
tional Induistrial Recovery3 Board. Wagesi shall be paid at least
twice a month, in cash, or by ne go~t iable check pa~yable on demalf nd.


SE(..I(N 1. The mlandatoryi clauses; fromn S~etion 7 (a) of the Act
and ther other generallrl labor provisions contaitinedl in A~rticle V7 of
~nid national code, except-~ Section 8 of said Ar~ticle V7, are! speccifically
incorporatedl herein by re~fe~~rence and shall aIpply to thle sponge indus-
try, aznd in addition therreto the following shall apply:
(a) No person. under eighteen (18) years of agei sh-all be emp~lloyedl
at operations or occupations which are Enzaridous in narturle or angrler-
ous to health. Each Exeen~itilec Committee shall submllit to theC Na-
tionall I~ndustrial Reco~very Board, within thirty (30) dalys afiter thne
effective dateP of this dli\isionlr~ code, a list of such. op~cr~ationls or
accll pa t i ons.
(b) ]Everly employer -ha;ll provide for the safety and health of
employeesr~i during70 the hours and at the places of their unemployment.
Standardss for safety and health shall be submllittedl by the Exsecuative
Commnrittees to the N~ational Ind~ustrial Recovery Boa:rd within t~r~ee
(3) months aIfterl the effective drate of this divisional code.

SIe.TINo 1. The uinfair mnethodls of competition provisions con-
tained in Ar~tic~le VI of said natiolnni ecde shall not applyl to the
1 a'ge indu.-t ry, an"d in lieu thereof the following shall apply:
(a,) The following practices constitute unfair methods of c~omlpeti-
tion andl it shall be a violation of this dlivisionall code for any memiiber
ofl th-e spornge industry:
(1) Porticipatio~rn in~ Gode.--To claim partic-ipatio~n in this divi-
sional code or said national code without Ccomplllyinga withn the pr~o\i-
sions of thiis divisional code.
(2) False Informatnion.--To report falsely to either Exsecutive
Conimitteec on an~y informllationn re~quired~ for th-e adm~inristrIationr of
th~is divisional codel~.

Anner n..l VII--INFrolnl .\Tnox, BOOKS AND nEC'( HDS,
.Cri-:cnow 1.-Trhe provisions conta~inedt in Airticle VII[ of said~
national code, exstcept, thanl~( continued~ in Section 3, shall atpptly to the
"lp'nge indus'try.'


SEC;TION 1. T~he prov"\isiolns conta~inedl in Article VTiIII of saidl
national code~t shall apply to t~he spongeC indutr~ily, except as~ mlodifiedt
in this Alrticle.

RI-:cnowrc l 1. TherIe shall he elected annually by aInd fromll the~ mem\1)-
hers of the~ sp'llgec inlllltry\ within thet S-tate af Florildn,~ l no Executive
Conunmitt~ee conis~jting~ of fiile (5) member~CI S to uthnllinlisterl thlis divi-

reglatsonsilllc pertainineii to codeo adnullnistratiion 1-iiined hv thel Notanalll

Industrial Recovcry- Bfoard; Plrovido? Awe,~~ver, that one :(1).~nmemer
of saidl Ex~ecutivc C~ommlittee shall be the President ofi the Floridat
Sp'onge Palckerl Association. The fir ~t. election shall bei c~a lcld byT the
Ficloidan Sponge9P Packers Assc~ciation1 w\\ithin fiftee~n (1_5) days after
the effctciv\e date of this divisional code (ifr it has notrf been~ earlier
heldd, aind the Executive Committe~se e:lectedl therentc; l shall servrre until
a datet not later thanl one (1) year .fromll the e~ff~ctivedater o-f this
dliv-isional c~ode, or for any less period commetlnsurlate: with th~e life
of thre ~Act. Su:rbi;equent" ele-ctiions shall be called by said 1Exsecutive
?Commit~tee. Eanch member of the sponge indlustry within thet Sta!te
of% Flor~idaL shall be entitled to one (1) voteA in the election of each
member of sa~id Exe~cu~tivel Cannol~itt-cle, to bel caslt in pe~l-.rson, by proxy";)
or byl ma1il,
fSEC.nIO f2. There shall be elected annually by and fromll th~e mlemt-
ber! of the sp~on~e industry in pilaces other than the State of Fl~orici:
an Exel-u~tiv~ Clommitte~e comllisting of five (5) members to admrrinri;-
ter thiis divisional code in such plnaco--, hubjct to rules'c andP~ repubtl~-
tions pertaining to code administration issued by t-he Natiional i;!-
dustrial Rcovery,i~ Board: P1o~rovido? hornI/, re tht one (1) mnember
of said Exc~utive Commnit~teee shall ben the Presid~ent of ither Spon,ll~
Institute. The first elctioni shall be called by ~the Sponge~ Ins~~tllde
w\ithiin fifteen (15) days after tehe eff'ecl; ive date of this division-al
codte (if it has not been earlier Ilc01l), and~ ilthe Executivre Commitltee
elected there~at shall serve until a da~te not hi;!er than one I(1) year
fromn the effective date of this dlivisionlal code, or for atny less
period conunenl~~ sur~a te with the life of the Act. Subseqcuent elections
shanll be calledt by said Excuc1tive Comnuittee. Eachi mnem;ber of thze
sponge indlustry in such places shall b~e entitled to one (1I) vote in
the election of each member o~f said Executive 'comlmitteet, to be east
in person', by proxy3 or by mail.
SICeTIno 3. Notice of any Executivet Commirttee election to be hldlc
underF'I this divisional code shall be dlispatlhedl to each mrember- of
the. sponge indusltry~ entitled to vote thereant at. least tw-enty (20))
days~ in advance of the d~ate~ of the proposed~t'c electionl.
SEcTTIIN 4. In ll 8141101 ( ion nlbellrl' hipi as above prothl:\i d,'l there
may bje one (1) to three (3) members on each Extent1Iive Conunrittee
to be appointed by the National Ind~ust~iazl Recovery Bolard, to
serve for slc~h peFr~iods respectively as the Nation~al Indush ~tir l Rle-
cOver~y Boarld mlay dtesiglate. Administrationoa members hai~ll serve.
without vote andl without expense to the uponger indu rltry.
SCEenow~ 5. Each Executiv~e Connuil tee sUh~all ha vet thre samelc prtivi-
leges and be iiub.jec~t to the samel2 limiitaitionsi as~ the Nit inai~l Code
Authority has a ad is subject to in Article VIII, Title A, Sections
2, 3. 4, 5 and 6 of sazid nlationall code.
!SEC'T ON) 1. Subjie~ct to rullles alnd reganlltion~s pertaining to codle adg-
ministrationn issued by the NFJa~tional Industrial Recovery Boarda,
each Execurtivet Conunittee wvit'hin its jurisdli~ctioln shall supervise
the effectalntionl o-f the p~urposes~c of this divisional codte pm.ll-llnot to
the prov\isions of Article~ VIII of .maid Inational code, and within
its jurisdiction is authorized further:
(~Ca) To use~ an Executive Secrctar~y and such associations and
other agnrtciesa as it stees; fit, for the carrying out of any of its activci-

ties hereunlder; Pvlroide;~d however, that nothingi herein shall relieve
either Execu~tivc Conunrittee of its tluties and responsibilities Ilmder
this divisional code, and that the Executive SCecr~etary anld such asso-
ciations and other agencies shall at all times be subject to and shall
comply with the provisions thereolcf.
(b) To make such surveys and. inve-rtiga;tionls as many be neccessary
to ascertain conditions in the .-l'"nce industry and to formulate plans
for the effc-tiver distribution of the products of the sponge'C industry,
which plans shall be clesijine~d to pr~omot-e ~table~ markectinge conditions
and .cton<1rdi:l~ of quality. This par~llagrnp supersedes Article `VIIIC,
Title D>, Sc~tionl -3, ptiar~alrap (b) of said national code, the pro~vi-
.sions of wh'1ich shall nost applIy to the -;ponge~c industry.
(c) To cooperate wTaith thle Na t iron al Indlustrial Recoveryr Boa rd
in regu~~lating the use of any N. Rt. ~A. ir~nsigni solely by those mem-
burs1 of the spocnge~ industry wiho are icomp~llying with this dlivisional
code and contributing to the expense of the: admrinict ra;tion of said
national code and this divisional code as in said codeslc prvcided,,
unless duly exempted from makiingr'such contribution.
(d) To obtain fromt Ilriniembs of the sponge industry such. infor~mn-
tion and reports as are required for thne admrin-istran t ion of this divi-
sional code. I~f either ]Executive Comnmittee or the Na~tio-nal Indlus-
trial Recovery Boar~d shall dletermnine that substantial doubt exists
as to the neeurne ;(y of any informaIl~t ion or report su~pplied' or subminittedl
by any member of the \1pageL~ indo-'tr3, so mnuch of the pertinent
books, records and papers of whI'1 member as may be r'cqu~ired'c for the
verification of such information, or report mnay be examirn-dt by~ an
impartial agent a~greedl upo( n by thet Excuctivec Com~mittee: having
jurisdiction and such m~ember. Or, in the absence of agrounu-lrnt between
them, appointed by tI!he Ntional Ilndustrial Rcovery13 Board1c. In
no (-ase,~~ shall the! facts disclosed bny such emsininain be madel~ avail-
ab~le in iden~ltifiablle form to anly comlpetitor, whe~ctherr on either~l Execur-
tive Comm~ittee or othlerwvsi -I, or be ;Si ven any other publicant io,rl exc~ept
such as may be required for the proper admIrIi ni it r~t ion orI enfo~rlceent
of t~he provisions of this dj~ivicsionl ecde. Th`]is parag~raph super eles
~Article VIII, Title D>, Section 3, paragrraph (c) of said national cod,lr
the provisions of which shall not apply to the pu,;nge industry.
SrcTnox 2. The Executive Conuinittee having juririslic~tioni over~I the
territory outside thle State of Filoridia shlall cause to be folrmullatedl
methods of cost f~ind ing~ and accoutinting capable of use byt all memn-
bers of the spong~re~ bu~E~lustr withlin said tr~r~itor~y. When Iuch1 cost
findling and neeounlrrtine mneth~ods hlave been formulated .-an s:llc hall he~
submittedl to the NaT;tionnI~l Indu~strial RiecovrlI\ Board for r~eview\. I~f
approvedl by the SNtional Indlustrial Reecvei- Hoard., full intforma-
tion, cnclrninelri i such m~ethodts shall be madite ain;ilable~~ to all
of the spons~' industry w\ithini said territory. T~hereaftC er, each'1 mean1-
her1 otf thc sponse1"1 indu~lStry withini said terriitoryv shall ultiize' unh;'
mnethodl s to thle extenlt famid pra;ctirenh l(,. Nothinei herein coniitained~~
shall be c onstl~rued to p~ermlit eithler Ex~ecut~ive ConunitteeI~'I. (1r any
agent therecof. cor anyt IIwmberI'I Of thel Spance'( indu-try";J, to ?-ugares't
uniformlz addlition-.~ p~eremintues~ or diffe~~iret ial ,. or other uniform!1
itemst o-f cost whlich \r~e (Ien'iLned'1 to. bir~ingl ablout arblitr~ary ulniformitt y
of co~sts or pr"ices.
SI-:(.nurS 3. r'l The Execut~ive Cananllittee~ hlaVing jurli-ictiOn1 w\it~iin
thle State ofE Ftlorialn shall withinl isixy (G) da!y after the( etcn~tive~

date of this dlivisional Ccodet th~ree (3) mtember~s o~f the .spongle
industry within. the State of Florida to meett; in co~nunittee w~ith
(3) pagiFe fishermenl and a rep~rleini- 1taiti of the Fededl~i Govern-
meett to d~iscus1~s matters loo~king to the ineclusion in this divisionallr
code of prvci\ioi-ns regulating thle purch-ase of sp~ongSes fromil rilc1ilhemten
andi~ to mkRrHe rec~onuell utl(~(ion., thereon to each Executive Canrl~nit:-
tee and to thle INationa!l Inrdustrial Reco~very Boardl. If th~e sponse
fishermen fail within sixty (60) days after tfhe effective <1Mie of this
dli~i~sional code to elect reprfesentattives to meetc as afore.-aidl with said
members of the sponge industry: the Laborm ~AdvisorIy ]Boajrd of the!

Tdhe representative of thne Federal Go~vernmllent <71e-ignatede c as at mem-
ber of the conunitteei providedl for in this Sectrion shlln be aplpoint~ed
by the Ntati~onal Industrial: Reco\try! Board, to serve for such period~c
aIs the Na~tionlal Indr'ustriall Recovery Board mlay designated; said Irp-
res~entastive ilhall serve wikith~out expense to the sponge industry.
SEC~TIC) 4. The provisions of Airticle VZIII. Title D), Section 3,
paragra~'itph (a) and of Ar~tic~le VIII, Title DT, SectionY 4 of sa~idc
national codecl shall not app~!Y' to thep spongsX industry.
SC~ECTIONu 5. If (118 NtilOnal Intdustrial ROCOVery UtOfrF(1 >11011 dlcete-
mlinle, at anyT filtime that anly action of either IExecutivie Committee,
or any agency th~er~eof. maiy be unfair or unijust or contrary to the
public in~ter~eht. the National Ind un.t iidi Recovery Ben ~rdc mlay requ bei;~
th-rat such noctionl be suspended p~endingf final action followiing oppor-
tunity fo~r investigar~tion of the merits of the or~igina~l action and
further consl~id~era;tion by the E~xecutive Commnittee or agency thereof
sponsoringll same, which final action shall not be effective unless thne
National Industr~ial Reov-eryS Board approves or unless it shall fail
to disapprove after thirty (30) dlays' notice to it of intention to
proceed w\ithl the action in its original or anly modified form. This
Section supersedes Arrticle VIII, Title H., Section 1 of said national

SECTIONU 1. If the assessments provided for, in AIrticle V]III, T'itle
E, Section 1 of said national code shall fail to provide sufficient
funds for thre proper admninistrationr of this division-al code, each
mlemlber of the sponlge indust ry shall bear his proportionate shar Ie of
any additional expense, if the National Industrial Rcovery~lS Board
sha~ll approve an assessment for the ;ame.
~EC'TIONh t2. It being found necesrsa c in order to support the ad-
minisl~trationr of this divisional code andi to mnainltain thle standards of
falir compet~i t in establishedc- thereunder and~ to e ffect a t e the policy of
thie Act, each Executive Committee is authorized:
(a) To incur such reasonable obligations' as are necessary and
properly for the foregomng purlposesi, and to meet suchr obligations out
of funds wThichl m~ay be raised as hereinafter provided and which
rhiall be held in trust for thre purposes of said ratio~nal c~od.e (in
accordance with, its terms) and this divisionll2 codle.
(b) To submit to the NTational Industrial RE~ecovery Board for its
approval, subject to such notice and opportunity to be heard as the
National Indus~trial Recovery Board may deeml necessary, (1) an
itemnizedt budget of its estimated expenses for th-e administration of

this divisional code and of its contribution to the code administ~ration
expense of the National Code Authority, and (2) an equitable ba~sis
(conslistenlt with said national code) u-pon. which the funds necessary
to support such budget shall be cenlt r~ibuted by members of the sponge

(nut;~c) fter such budget and basis of contribution have been p
proved by the National Industrial ]Reco~very Boardt, to <1tennline anld
obtain equitable contribution as above set forth byr all members of
the sponge industry, and to that end, if nrecessaryly to institute legal
proceedings thnerefor in its own name.
SECTION 3. Each'l mem31be' of the spongfe industry shllnl pay' his or
its equlitalble contr~ibution to the expense of the administr ation of
sa~id national code and this tlivisiolnal code as in said- codesc provided,
subject to rules and regulations pertaining thereto issued byth
National Industrial Rcoverycl3 Board. Onlly those memllbers o;f theth
sponge industry complying with this divisionmal code and co-ntr1ib~ut-
ing to the expense of the admlinis;trattl ion of said national c~odr and
this divisional code as in said codes provided (unless duly exemplted
fromt maklingr such contribution) shall be entitled to p~artic~ipate. in
the selection. of members of the 1Executive Commlitt~e s or to receive
the benefit of any of their voluntary ne-t i \it ies or to makelic use of any
eblllem1 or insignia of thle NIational Recovier~y Adlministration.
SECTION 4. The Executive Committees shall neither incur nor p~ay
any obligation substantially in excess of tlhe amount thereof as estl-
mlated. in their approvedl budgets, and shall in no evenrt exceed the
total amount contained in their approved~t budgets, ts.excet, upon ap-
proval of the Naltionn1:~ Industrial Recoveryt1'3 Boardl; and no subse-
quen~lt budget shall contain anly dleficienlcy item for expecndit ulres in
excess of prior' budget estimates, ecep~l-t those which the Natiolnal
Industriaill Recovery Board shall have so approved.

SECTION 1. This divisional code and all the: provisions thereof ane
expr~essly subjert, to t~he ~iriht of the Pr~esident, in ncolrcanlce with
the provisions otf Subsection (b) of Secction 10 of thle, Act, fromll time
to tiime to cancel or modtifyr any order, approval, licence, rule. or
regulation~r issued under the A~ct; and specifically, bult wRith~out limi-
tation7, to the right of the Pres~ident to cancel or modify his alpproval
of this dlivisional code~~ or any condltitionl imlposed by him upon,1 ap-
p~roval thereo~~cf. The other provisions contained in. Ar~lticles1 IX
and X of said nalticlnnl cde shall apply to the spongec industry
wYhethier or not in said Articles of said na~tionarl codc .-pc~ific~ refere~cnce
is mnade to this dtivi-iniian ecde.

ilRTICLE, X-Ever:(.\ Enr I).\1TE
S~(.I'Cno 1. This divisional code shall1 become cilecctive on thle sec-

1DiIeI\. -d ('odle N~o. ::OS1- 91uppk.1(Inen NO. 11.

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