Code of fair competition for the fur trapping contractors industry as approved December 15, 1933 by Presient Roosevelt

1.


SU.S. DEPOSIITORY


I *
For sale by the Superintendent of Documents. Washington, D.C. - Price 5 cents


Approved Code No. 160


Registry No. 917--09


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION




FUR TRAIPPIN~JG

CONTRACTORS INDUSTRY


AS APPROVED ON DECEMBER 15, 1933
BY
PRESIDENT ROOSEVELT


1. Executive Order
2. Letter of Transmittal
3. Code




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


























This publication is for sale by th~e Superintendent of Documents, Gov-ernment
Printing Ofice. WFashingto~n, D.C., and by district offices of the Bureau of Foreign
-andl Domestic C'ommerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Settle, Wa';sh.: 800D Fedleral Buildling.















Approved Code No. 160


CODE OF FAIR COMPETITION
FOR THE

FUR TRAPPING CONTRACTORS INDUSTRY

As Approved on December 15, 1933
BY

PRESIDENT ROOSEVELT






Exiecutive Order

An application having been dulyr made, pursuant to and in full
compliance w~ith the provisions of title I of the National Industrial
Recovery Act, approved Juine 16, 1933? for my1 apprLovalI of a Codle
of Fair Comnpetition for the For Trapping Contractors Industry,
and- hiearings have been held t~hereonl and the Aldministrantor having
rendered h~is report containing~r anl analysis of the said codle of fair
competition, together with~ his recommiendantions and findlingsa withi
respect thereto, and the A~dministr~ator having found~ that the said
codle of fair comlpetbitionn complies in all respects writh t~he pertinent
provisions of title I of said Act and that the~ requirements of clausesi
(1) and (2) of subsection (a) of section 3 of said act hav\e been miet:
NCOW~, THIEREFORE, I. Franklin D). Roosevelt, Presidlent of the.
United States. pursuant to the authority restedl in mne by title I of
the National Industrial Recoer~y Act, a~pproved June Iid, 1933, andl
otherwise, do adopt and approve the report, recommnendations,; and
findingss of the Adlministrator andt do order that thre said code of
fair competition be and is hereby approved.
FRANKLIN D. ROOSEV'ELT.
Approval recommended :
HUGTH S. JoHNSON,
Ad m11 i2 i'st lrator.
THE \fHITE~I HOUSE,
Dcembler 15, 10JJ3.


27201.-2+h-100--33


(151)












DECEMBER 13, 1933.
The ]PRESIDENT,
The Whl~t~e H~ozrse.
SmR: This is, a repor~lt of the hearing on the Code of Fair Comnpeti-
tion for the Fur Tropp~lin~ ~ontr'neftrs Ildulstry Clcnducted in Wa~sh-
ingtonl on Decemlber 8th and ojth, 1933, in accordance with the
provisions of the N'ational Indlustrial Recovery Act.
'T'he minimum wage~ts pr1ovidedl in this codle ar~e forty cents (400)
per hour when thie emplloyrer fur~nlihe s all board, lodging, tr~aps, and
other paraphernalia And equipment~ nece~ssary ndl generally used in
successful trappline~ operations, or fifty. cents (50?) per hour net.
On this basis thle employee shall provide himself wvithi all necessary
equipment and h~is ow~n board~i andl lodging. A~pprlent~ice and other
employees whose primanry duty is to- priepar~e and cure pelts shall
receive not less thlAn fifteen dollars ($15.00) p~er w-eek.
Due to the fact that this indurstry; is pure'cly a sea-naill onet, operat-
ing only three mc-nth~s inl th~e year, andl during thiz: per~iod weather
conllitionls maynS either lengrthe n or shor~ten thle numlber of hours
workedt~l in any one dlay, no max~imnumi hour p~rovisions are contained
in the Code.
170 person underi isiteecn (16) years~ of alg; shall be emlployed or
enlgag~ed in this Indu11Stry~.
This Industryl) is a cvllomparativel new one. Shortly after the W'ar
there was a land booc-m in thle Sltate of Louisiannn which enicouraged
pur~chas-ing of swanmp lands for the oil and mineral rights. Shiortly
tlthlerefterl it was r~ea-lized~ thnt, the trapllping of fur anrimals, pr~imlarily
the musllkrat, hadi b~ecomeI a genulinle soure of revenue from these
ho~tldingsr.
Thet owrnerl of the land~, nost: of wh~omi w~ere nonre~sidentsj of the
c~ommunnity, thnen soughrt a1 wayr to, control the forl tenpp~ling on their
property and the systeml of leasing or licensing landi to fur dealings
lessees wans evolvedc. Urnderi this system the lessees contr~actedl with
fur trappers for thle p,rivlege of tra~pping~ on these landls.
D~ue to the lack of oraiz liation andlc thle general i norance of these
fur: trapp~ingr conrtractors~ manny abu~ses h~ave resulted. In thle past
few yea~rs the inequ~itable cont~rats andl abuses thereof haveL resiulted
in nume~crous injulc~tions aga~ins~t tl'respassers, miSunder'standing~rs, ald
occasional open warfare betweenI lessees andl the fur tranppers~.
In 1928 approximatelyy! 7.,O00 tra~ppers licenses w~ere issued In the
muskra: t breed~cine section of Llouisiana. In 193S it. is estimated
approximately Anna(. forl trappling co~ntractors wer~e engagedl in the
inldustry. These figures dlo nort include appren~tic~e s ad helper~s, andl
no accurate figure is ava~ilable~ on this numbler.. In the opinion of
the Administrtrato thle Codle ais it Inow srtanids by its assurance of
a fair contract, w\ill caser~ thle number3~1 of forl trapp)ling~ contrnctor`s
to reach the 1995 figu~rec. In add~itio-n, it w\ill grreatlly increase t~he
b~uying power andI im~pr'ove thle living standards of' those now
el~ngaged in the indusrtry?.
152






153


FI NDINGS
The Administrator finds that:
(a) The Code, as recommended, complies in all respects wiith the
pertinent provisions of Title I of the! Act, including, without limiita-
tion, subsection (a) of Section 7 and subsection (b>) of Section 10
thereof : and that
(b) The Trappers Alliance, the applicant group~ herein, imposes
nio inequitable restrictions on admlission to mnembership andc is truly
representative of the Fur Trappingr Contrac-tor~s Industry; and that
(c) The Code, as r~ecomm ended, is not desi gned to promocte mnonop-
olies or to eliminate or' oppress small enterprises and will not operate
to dliscrimninate against them~, and wFill tend to efftectuante t~he policy
of Title I of the Nlational Industrial Recovcry Act.
This Industryl has cooperated in a most satisfactory manner withi
the Administration in the preparation of this Code. "From evidence
adduced during this hearing and from recommendations andi reports
of the various Advisory Boards it is beli~\eve that this Cod~e, as now
proposed and revised, represents an effective, practical, equitable
solution for the problems confronting the Inustry and its approval
as herewith submittedl is recommiended.l
Respectfully,
HUGH SC. JOHNSON,
A dminjlistlat o~r.














FOR THE

FUR TRAPPING CONTRACTORS' INDUSTRY

ARlTIC:LE I PURPOSES

To effectulate the p-olicies- of Title I of the National Industrial Re-
covecry Act., the following provisions shall constitute the Code of Fair
Competition for the Fur Trappingr Contractors' Industry, and shall
be bindcing uplron every member thereof.

ARTICLE II--DEFINITIONS

SECTION 1. The term molustry as used herein is defined to mean
thle talPping by, conltrnetors of fur animals where the p~rimlary entch
is Sjoullthernl musllkrt anld o~r p~repringr the pelts of said animalRs by

SwEC. 2. Thle terl in "Ow\ner'~ as usedl herein isj de~inedc to mI-ean all
those~ who1( own.1 Ilandls from11 which1 fur unimanls ar'e enpturled.
1Crc. 3. Thec te~rmi lessee as used herein is defined to include all
flsthos whic I;lease Inland flromi whichl fur animals ar~e catulrlred.l
SEC'. 4. Ther ttermn fur tranpping contractors "? as used herein is
dlefinedl to, inllclud all thos-ie who uindlertak~e, whileth by wriitten or
oranl contil'rnt, to. per~formnl .cub~tantially in its entir~ety, either person-
ally or by~ dlirc~ct c1Inp!.lcloyment on a wage basis, t~he w\ork of trapping

S~EC. 5. The~ terml '' emprloyer 0.* usedl herein is defined to mnean any

S:c'. Ij. Thle term "l anplll~ loyee~Z' :1 us ed herecin is defi~nedc~ to mnean

Swc. 7. Thie terms1.- Preidicli nt ". ''ACt ", andi "Admllinistrator as
usedc he~lcre iln hll mealnl rel:spc'(tive(ly' the Pr~e ident of thle United
States, Title I: of the Nationa~l Recovery,'~~ Act, anld the Administr'ator
of ;iit Act.
ARrrlCL.IE III--1 IBO~R PnOv.IsIN~

SE:cno 1. C'oll~c~tivec Bu11fi~rgining-(n)) Employeer s shall have the
r~ight to, organllize~ andr harglninl cc-llec~tively thrIough reprel~lcselnttiv.es of
theirjl ownv1 choosi~ing~, andl csha7ll e frece fr~omi thei ;interlferencp, restraint,
or' meCl('rrcion f employers ls o.f laborI, o~r thleir' agcnts, in thle desigrnatio n
orf cl-.10 I repl'l~seltlit i \.cs UP,' III .i.lf-Ol'ytDIZnf ial OP1 ( In it her cOHnerted


()6I) No (emplloyeeC and(. nor one1 seekiing~ unemployment shall be re-


CODE OF FAIR COMPETITION






155


(c) Employers shall com~ply with the maxiinmt hours of labor,
minimum ra~tes of pay', and other conditioning of emnploymnent approved
or prescribed by the Pr~esident..
SEC'. 9. 3;lli ntiina ltraves.--Each employllee engaged as a fur trapper
shall be e~nage orll n eit~her of the~ following scales,.ij exicecpt as othzerwise
herein provided :
(a) Forty cents (410,) per hour aInd the furnishing byv his em-
p~laye~r of all board, lodging, tr~aps, andl other paranpher~nala and
eqtuipment necejssay andc grenerally used inl success.ful trapping oper-
ations; or
(b) Fifty. cents (519c) per' houlr nett. OnI thlis basisj the employee
shall pr~ovidee himself wilth all necerssary~ equipmientt aicnd ith his own
boardl and lodging.
(c~) Appr~ent~ie an~d other emlployees2 whose pr~imary duty' is t~o pre-
pare and cure pelts shall receive no~t lesis t.han fifteen d~ollar~s ($15)
per week.
(d) These mninimumln wages are not r~equiredl t.o b~e paidl to a fur-
trapping contractors or to inidivid~ualij empl~loyed as fur tranpper~s on a
percentage basis.
SEc. 3. Child Labol.--(a) No person uInderjl 1(5 years of age shall
be emnploy~ed or engag~ed in this industryy.
(b) No person under 18 years; of age shall be emnployed at opera-
tions or occupations which are hazardous in nature or dalngerous to
health. The Codle Authority shall submit to tlhe Adminisil;tl;tcrt
within 30 days after the a~pproval ofl this C'ode a lisjt of su1Ch oc~icupa1-
tions or operations.
SEC. 4. N~o pr~ovision in this C'ode shall supe~rsede any1~ Sitate or
Federl~n law wihichl imposes on emlployers more str~ingent requrife-
mnents as to age o'f emp1loyetes, wages! hours~ of wTorkl, or' as to isafety,
health, sanitary,? or general working conditions, or ins-uranc-e, or fir~e
protection than ar~e impllosed: by this Code.
SEC. 5., All emnplo'er~s shall post complete copies of' th~is Co'rde in
conspicuous pinc-es readily accessible to emlployeres.
ARlTICLE T17-ADIIN ISTRATIO:N

SECTION i. Thr1 100 8181 he cODstitltuted a Code Autihority to be sce-
leetedl as follows: Five persons to be selected by a represelntative
voteP o-f folr trapping contractors, at least, two of whom011 shanll be foru
trappningr contralctorS. Not more than1 three mnembhers without vote
mayv be appointed. by~ the Administ rator.
Sc .Eachl trade association d~ire~ctly or indir~ectly parlticip~at-
ngr in the selection or activities o~f the Codee Authority shall1 (1)
impose no inequitable re~stic~itio ns on memrbelhrship and (2) submit
to the Adlministratorl tr~ue copies of its articles of assclciation, by-
laws, regulations~i, andc any amendtme~ntsj when madne theretoj, t~get~her
w~ithl such:- ot~her information as to Ilm~embeship~, olrganizatiol, anld azc-
tiv-itiesj as the A~dminist~trao maqy ;deem necessary to effectuate thle
pm-~poses of the ASct..
SEC. 3. In OrLdeP (flat the Codeli Authority shall at all times he tlruly
represertnttive o~f the Ind~u try and in other r~espects comply with
the prov-isions of t~e Ac~t, tlhe Admini trator may? prescribe such
hearings as hle mnay dleem ~r~oper; and thereafter if he shall find that






156


the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, he meay require an
appropr~iate modification of the membership thereof and/or of the
method of selection of the Code Authorityv.
SEc. 4. Members of the Indlust~ry shlall be entitled to participate
in, and share the benefits of the activities of the Code Authority and
to participate. in the selection of the members thereof by assenting
to and complying wTith t.he requirements of this Code and sustainiung
their reasonable share of the expenses of its administration. Such
r~easona~ble share of thie exp-enses of admuinisstration shall be deter-
miinedl by th~e Code Authority, subject to review by the Administ~ra-
tor, on the basis of volumne of business and/'or such other factors
as may be deemed equitable.
SEc. 5. Nothing contained in this Code shall constitute the mem-
ber~s of the Cod~e Author~ity partners for any purpose. Nor shall
any member of the Code Au~th~ority be liable in any manner to anyone
for any act of any~ other members, officer, agent, or employee of'the
Code Authority. N~or shall any member of the Code Authority, exer-
cisinrg reasonable diligence in thet c~onduc~t of his duties hereunder,
be liable to anyone for any action or omission to net under this
Codle, except for his ow~n w~illful mlisfensanc~e o-r nonfeasance.
SEC. fj. P~tD878and Dltfies.--The C'od~e Au~thor~ity shall have the
following further powers and duties, the ex~erc~ise of which shall be
reported to the Admnlisltrant~or and shlall be subject to his right, on
review, to disap'prove or modlify any action taken by the Clode
AuI~thor~ity.
.(a) To insure thec execution of the provisions of thiis Code and
provide for the compliance of the industry with thle provisions of the
Act.
(b) To adopt by~laws and runles and regulations for its procedure
and for the administrration and enforcement of this Code.
(c) To obtain from members of the Industry such information and
reports as are requiredl for thle admiinistrati'on of thle Code and to
provtider for subnussion by members of such information and reports
as the Admninistrator may dleemn necessary for the purposes recited in
Section 3 (a) of the Aict, which information and reports shall be sub-
mitted by members to such admninistrative and/or Gov-ernme~nt agen-
cies as the Admrinistrator mnay designate; provided, thatt nothing in
this Code shall relieve any' memlber of the Indsryl~~~ of any existingr
obligations to furnish reports to anly Government agency. N~o indi-
vidual reports shall be dliscclosedl to another mlemlber of thle In-
dustryg or any other party except. to suh governmental agencies as
mray be d~ir~ected~ by the Admninistrator..
(d) To use~ such trade associations and oth~elnr anc-ies as it dleems
proper for the carrying out. of any of its activities~ prov"idedl for
herei n; provided, that nothing herei n shallI relieve t he Codte Aut horityJ
of its duties or responsibilities under thiis C'ode annd that uch trade
associations and agencies shall at all times be sub~ject to andi comply
wvrith the provisions hereof. i
(e) To maike recolmmlcndations to thie Admlrini trato~r for the coor-
dinationl of ther administration o~f this C'ode w~ith uc~h other codes,
if any, as mray be relatedl to thle Indrustry..






157


(f) To secure from members of the Indu~stry an equitable and pro-
portionate payment of the reasonable expenses of mnaintaining the
Code Author~it.y nd its activities.
(g) To cooperate with the Administra~tor in r'egulating t~he use of
any N.R.A., insigniar solely by those members of the In~dustry who
have assentedl to, and~ are comnplyilr ng ithl ths Code.
(h) To recommndlen~ to the Admrinistrator further fair-trade pranc-
tice provisions to govern members of the Industry in their relations
w~ith eachi other or withz other trades and toa~ rec~omniend to thle Admnin-
ist~rator ensures for industrial phnnning, including stabilization of
em ploymIien t.
(i) To support and nid- in the enforc~elen~t of' all State anld FeeraleR
conservation law~s.
SEC. 7. IPrnrches or .cu~bdivis;ionsl~ of the Ind'ustry, including product
divisions anld orI geog~raphiedn sections of thze Indrustry,, may, when
approved byv thle Presidenlt or his authtor~ized representative. establishl
their own planning and fair-practice agencies~, which shall b~e elf-
governingi in respect to, condlitio ns or problemst r~elatinig exclusively
to said brancheli or subclivisions, piroviding that. no- action of any
such agenlcy shall b~e inconsistent w65ith the purposes~ and provisions
of th~is Cod~e or' thet Act; and pro-vi~edl further thaut no su.pplilemtent
agreemetnts, r~eico~:nmHeildatio ns,, or provisions sha~ll b~e submitted to
thle Presidencit by the Code Aullthority or phUnning~ an firprctc
agency? withouut first havingf beienr app~rovdcc by durly recor~ded! votes
of branrl~ches or subd~tivis~ions. concerned. The method, in: voting in
each branlchl or sutbdivision shall be fair and equitab~let~ and subject
toc- the approval'" of the Adminisl~t~trator MTemb~ers, of each branch or
subdlivision, I shall hearnl their proportionate shares of the expenses of
maintenance of suchz brannch or -sublivisio~n. Aippliention for the
establishment of any planningr andl. fair-practice agetncy?, andc any
r~ecomml~en dationors or reports by such age~ncy! when~ established. shall
be trannsmi~i tte pr'ompltly' to the3 Prsi~dent or his au~tho.rizedl replre-
sentative thr~ou h~ the Codle Aiuthiorityv.
ARTICLE V--F(AIR TRADE PuenCTIES,

SEC'TION 1. NI\O fur~ trapp)ling~ con~ltenllt-to shall1 enter intor any c~on-
tract involving thewr k \To`l f trapp)~ing fu~r animals otn a per-l(centage
basis, by4 or through which, dlirectly or indirectly, he shall receive,
or retain, less thanll 70 percent of'~' his ntch. Provided~c, howeveri~l that,
if the other partycJ to he contrnet providles without cost to the con-
tractor equipmnent, sliding, medicual treatmIL ent) or ~sls~istant to aid
in the fulfillment of the contract, thre fur-trappingq corf lnctrar mnay
aLgrtee to receive less thafn '70 percent of his catch, but sulch contract,
shall b~e subject to thle app~lroval1 of tihe Code Author~ity, which ap-
.proval or dlisapproval shall be subject to r~eview by the Admninlistrator..
SEc'. 2. NO fur-t~lRappingF conll~Ctrctor shall enter~ into any cointr~net in-
vlolving t~he: workl of trafpp~ing fur animals whlichl does not provide
that thle div~ision of saidi catch shall be made.~lt by either of the
followingr mIethods:
(a) All fur~s, skins, or pelts tran-ppedl b-y the fur-trappingS con-
tractor shall be gyradedl promllpt l by the Ifur-trappinS c~ontranctor,
and divrisionl shall be. madle by the proper ow-ner or le~ssee or agent
thereof, or






158


(b) All furs. sk~ins, or pelts shall be graded by the proper owner
or lessee, or agent thereof. and division shall be made by the fur-
tr~appi ng Cnt ra ctor.
(c) Such d~ivision by whoicmsoever effected shall be made on the
samie perc~entage basis 'for ecnh respective grade.
SEC. :3. No fur-trapping contractor shall enter into any contract
involving the w~ork of trapping fur animals which does not contain
a provision wrhereby the contractor retains the right to sell his per-
centage of the catch in the open market or at public auction or
otherwise.
Sic. ~No~ fuir-trappi-in g contractor shalll publish or circulate un-
justified or unwarranted threats of legal proceedings which tend to
hav~e thne effect of harass~in~ or i nt im21id at i ng competi to rs. Failure to
prosecute in due course shall be prima facie evidence that any such
threat is unwarranted or unjustified.
S~. 5. No fur-trapping contractor shanll join or participate with
another contractor who writh such conltractors constitute a substantial
number, of memb~~n e rs of the industry,~ or who together control at sub-
stantial percentage of the industry,: in any trans~ctior n k~nown in law
as a blRc~klist, including any practice or device (such as a wThitelist)
which accomplishes the purpose of a blackrlist.
SEC. 6. No fur-trapping contractor shall enter into any contract by
or through which he shall ag~ree to run mnore than 250) tr~aps per day.
SEc. 7. All contr~net formlls entered into or to be entered into by any~
members of the frur-trapping indlustr~y shall be approved byv the Codle
Authority, subject to r~eview by thle Adminisitrator, at the request of
any ~Cparty at interest.
SE.8. It Shall be the dluty of thle Codie Authority to use its b~est
efforts to provide meat~sure'CS pt-even~ting~ poaChing, tr'espassing~, or boot-
leggoingr of pelts, andl pochfcin, tlrespays.ing, and bootleggring of pelts
is hereby declared dletrimiental andl inijurious to the fur-trapp~ing in-
dustry greneraliv. Furthermore, each contractor assenting to this
Code exprle2s:4y agrees thaft in so doingr he p~ledges himself dlirectly to
aid in every way pos)siblel to- stampll out fromll the indlustry these illegal
practices.
SEC. 9. Any fur trapinllg COl';cntrator who1 prliorl to the effective
date of this Cod~e, enlt~lere inito a contract? the plrovisionsu of which are
not in conformxity w~ithl thle poisu\ions here~of, shall mnake a bona
file effort to arrive at an equliitable~ adjuiitmienlt of thle te~rms andl
condritioni Ts fixe by said cc-ntenert andl in the evecnt such e~ffor~t fails
to result in a muituanlly stisfac~tory adljustment, eith-er pa~ty to sa~id
contract msay refer the samle for adjustments to the Code Auithority
of the inan.-try, wh~~ich ~aid Codle A~uthor~ity wvith~ th aid and assis-
tance of th~e Adml~ini. lztrator or his proprclly desigTnatedl agent. or
agents shall enldeavor to arivei\ at an equlitab~le adljusitmnent thereof.
:1 TIC LE VII--GEN:EIL1L

STECTION i. 'Phis C'Ote alki. 1I 1 tlle IprO\'cnmeS thlereof ar~e expressly
mlall subject to thet r~ight of thle Pres~ident, inl accordancec with th~e
provisions of subsectionr (b) of Sectionl 10 o~f thle Act. fromn time to
timne to cancel or mod~cify~ anyl ordrllr. ;IWil'-ova;l. license, ru~le, o~r r~egu-
lation issuedl unldel r sid Act.






159


SEC. 2. This Code, except as to provisions required by thle Act,
may~ be modified on the basis of experience or changes in circumu-
stances, such modifications to be based upon application to the
Administrator and~ such notice and hearing as he shall specify, and
to become effective on approval of the President.
SEC.. 3. No pr~ovision of this Code shall be so applied as to permit
monopolies or mnonopoliswtic practices, or to eliminate! oppress or dis-
criminate against small enterprises.

ARTICLE VII -EFFECTIVE~ DATE

This Code shall become effective Sve days after its approval by thie
President.
Approved Code No. 160.
Registry No. 917-09.




LIIIIVERhlT Y OF FLORIDA
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3 1262 08851 7890