Approved Code No. 17-Supplement No. 1 Registry No. 1405-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AND AMBULANCE INDUSTRY
(A Division of the Automobile Manufacturing Industry)
AS APPROVED ON NOVEMBER 8, 1933
we Do OUt]ff*-
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Approved Code No. 17-Supplement No. 1
SUPPLEMENTARY CODE OF FAIR COMPETITION
FUNERAL VEHICLE AND AMBULANCE INDUSTRY
As Approved on November 8, 1933
APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE
FUNERAL VEHICLE AND AMBULANCE INDUSTRY
A DIVISION OF THE AUTOMOBILE MANUFACTURING 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 my approval of a Sup-
plement to the Code of Fair Conipetition for the Autonmobile Man-
ufacturing Industry covering Fair Trade Practices for the Funeral
Vehicle and Ambulance Subdivision, and hearings having been held
thereon and the Administrator having rendered his report contain-
ing an analysis of the Supplement, together with his recommenda-
tions and findings with respect thereto, and the Administrator hav-
ing found that the said Supplement complies in all respects with the
pertinent provisions of title I of said act and that the requirements
of clauses (1) and (2) of subsection (a) of section 3 of the said act
have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said supple-
ment be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
November 8, 1933.
HUGH S. JOHNSON,
LETTER OF TRANSMITTAL
NOVEMBER 2, 1933.
The White House.
SIR: The proposed supplement to the Code of Fair Competition
of the Automobile Manufacturing Industry, covering fair trade
practices for the Funeral Vehicle and Ambulances Subdivision of
said Industry, was submitted by the Funeral Vehicle and Ambulance
Manufacturers Association, representing 70% of the members of the
Industry, and 85% of the Dollar Volume of the Industry. The hear-
ing was conducted in Washington on October 16, 1933, and all persons
requesting an appearance were publicly heard in accordance with the
statutory and regulatory requirements.
This Subdivision of the Automobile Industry from its peak in
1929 to the beginning of 1933, has experienced a drop in sales of
approximately 40%. The fair trade practices as set forth in the
Supplement, we believe are es~ent iil to the industrial recovery
of the Subdivision. The fair trade practices as contained in this
Supplement, we believe are necessary to the rehabilitation of the
Article I. States the purposes of the Supplement.
Article II. Defines accurately specific references in the Subdivision
of the Supplement.
Article III. Establishes Subdivision authority for Funeral Vehicle
and Ambulance Subdivision to Automobile Manufacturing Industry.
Article IV. Determines method of cost and defines manner in
which information shall be obtained.
Article V. Sets forth fair trade practices of the Subdivision.
Article VI. Contains the Mandatory Subdivisions of the National
The Administrator finds: A. This Supplement complies in all
respects with the pertinent phrases of Title I of the Act, including
without limitation Subsection (b) of Section 10 thereof; B. The
Funeral Vehicle and Ambulance Manufacturers Association is truly
representative of the Funeral Vehicle Manufacturing Subdivision
of the Automobile Manufacturing Industry, and the articles of
Association contain no inequitable restrictions on membership; C.
The Supplement is not designed to promote monopolies or elimi-
nate or oppress small enterprises, and will not operate to discriminate
against them and will tend to effectuate the policies of Title I of
the National Recovery Act.
It is recommended therefore, that this Supplement to the Code
of the Automobile Manufacturing Industry be approved.
HUGH S. JOHNSON,
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE FUNERAL VEHICLE AND AMBULANCE IN-
A DIVISION OF THE AUTOMOBILE MANUFACTURING INDUSTRY
Pursuant to Article X of the Code of Fair Competition for the
Automobile Manufacturing Industry, duly approved by the Presi-
dent on August 26, 1933, the following provisions relating to fair
trade practices for the Funeral Vehicle and Ambulance Subdivision
of the Automobile Manufacturing Industry are submitted in behalf
of said subdivision, and upon approval by the President shall be
binding upon every member of said Subdivision.
1. The term Funeral Vehicles and Ambulances and/or Prod-
ucts as used herein shall mean hearses, ambulances, combination
hearses and ambulances, funeral service cars and special vehicles
and/or bodies therefore.
2. The term Hearse shall mean a motor vehicle designed for
transportation of the dead.
3. The term "Ambulance shall mean a motor vehicle designed
for the transportation of the sick or wounded.
4. The term Service Car shall mean a motor vehicle designed
for the transportation of materials and equipment used in the funeral
service and burial of the dead.
5. The term Subdivision as used herein shall mean the manu-
facturing and assembling within the United States of Funeral
Vehicles and Ambulances as hereinabove defined, and of component
and repair parts and accessories by manufacturers or assemblers of
Funeral Vehicles and Ambulances.
6. The term "Association as used herein shall mean the Funeral
Vehicle and Ambulance Manufacturers Association, a Trade Associa-
tion having its office at Cincinnati Ohio.
7. The term "b Member of the Subdivision as used herein shall
mean anyone engaged in the Subdivision as hereinabove defined,
either as an employer or on his own behalf.
8. The term Code Member of the Subdivision shall mean any
member of the Subdivision who signifies assent to the Code of Fair
Competition for the Automobile Manufacturing Industry as approved
by the President on August 26, 1933, and to this Supplement thereto.
9. The term Effective Date as used herein means the 10th day
after this Supplement shall have been approved by the President
of the United States.
ARTICLE III-CODE AUTHORITY ORGANIZATION
Each Code Memiber of the Subdivision shall be entitled to partici-
pate in the Code activities of such committee as shall be designated
by the National Automobile Chamber of Commerce, pursuant to
paragraph (c) of Article VI of the Code of Fair Competition for
the Automobile Manufacturing Industry approved August 26, 1933,
to function as a Subdivision Authority under the supervision of
the Chamber. (Such committee shall be hereinafter referred to as
the Subdivision Authority.) Enah Code Memiiber of the Subdivision
shall contribute his equlitalbl, and proportionate share toward defray-
ing the expenses incurred in the administration of this Supplement.
Such equitable and proportionate share shall be determined by the
Subdivision Authority under the sulervision of the Chamber and
subject to the approval of the Administrator.
ARTICLE IV-POWERS AND DUTIES
1. (a) Within 10 days after the effective date of this Supplement
all members of this Subdivision shall file with the Subdivision
Authority schedules of their net prices to Jobbers ", Distributors ",
and Dealers." Each iimi.lCer of the Subdivision shall adhere to
his own quoted prices so filed. If any member desires to change
such prices, he shall first file a revised schedule of prices with the
(b) Each member of the Subdivision shall file, together with his
schedule of prices; specifications, and a complete description of the
model covered by each price.
(c) Each member of the Subdivision shall file with the Subdivision
Authority in addition to the foregoing schedules, complete price
lists for extra equipment which may be offered or sold over and above
(d) No member of the Subdivision" shall sell or offer for sale
any Funeral Vehicles or Ambulances at prices lower or on terms
more favorable than those included in his own schedules filed as
(e) For the purpose of this Section 1, the following definitions
The term Jobber or Distributor shall mean:
(v) anyone engaged in the business of selling funeral vehicles
to the funeral trade, who has a place of business separate and
distinct from the establishment of any Funeral Director; or
(z) anyone engaged in the business of selling ambulances.
The term Dealer" shall mean anyone engaged in whole or in
part in the business of Motor Vehicle Retailing who
(x) sells funeral vehicles to the funeral trade, and has a place
of business separate and distinct from the establishment of any
funeral director; or
(y) sells ambulances.
2. No member of the '" Subdivision shall sell funeral vehicles or
ambulances at a net realized price less than the cost of such product
to such member. Cost shall be computed on the basis of a uniform
formula or uniform fornulea of cost accounting prescrilied by th
Subdivision Authority, and subject to approval of the Administrator.
Each Member of the "Subdivision shall from time to time on
request of the Subdivision Authority submit his costs colmputed
on the basis of such formula or formulae.
3. In addition to the information required to be submitted to the
Code Authority as set forth in this Article there shall be furnished
to government agencies such statistical information as the Adminis-
trator may deem necessary for the purposes recited in Section 3 (a)
of the National Industrial Recovery Act.
ARTICLE V-TRADE PRACTICES
1. The following trade practices are hereby declared to be unfair
and no member of the Subdivision shall engage in any such practice.
(a) Selling Funeral Vehicles and Ambulances to any buyer at a
price or upon terms and conditions not available to all other buyers
of the same class.
(b) The secret payment or allowance of rebate, refunds, commis-
sions, credits, or unearned discounts, whether in the form of money
(c) Maliciously inducing or attempting to induce the breach of an
existing oral or written contract between a competitor and his cus-
tomer or source of supply, or interfering with or obstructing the
performance of any such contractual duties or services.
(d) The offering or giving of prizes, commissions, or gifts in
connection with the sale of products as an inducement to promote
(e) The selling or offering for sale of more than one article at
an aggregate price less than the total of the regularly established
unit prices of such member therefore.
(f) The giving or permitting to give or offer to give, directly or
indirectly, of money or anything of value to agents. employees, or
representatives of customers or prospective customers, or to agents,
employees, or representatives of competitors' customers or prospec-
tive customers, without the knowledge of their employers or princi-
pals, to induce such agents, employees, or representatives to influence
their employers or principals to purchase or contract to purchase
from the makers of such gift or offer, or to influence such employers
or principals to refrain from dealing or contracting to deal with
(g) The false marking or pricing of any .kind of products of the
Subdivision in order to mislead or deceive customers or prospec-
(A) The making or causing or knowingly permitting to be made
or published of any false or deceptive statement by way of advertise-
ment or otherwise, having the tendency to mislead or deceive
customers or prospective customers.
(i) Imitation of competitors' trade-marks.
(j) False disparagement of competitors or their products.
(k) The malicious inducing of employees away from competitors.
2. Nothing in this Supplement shall limit the effect of any adjiidi-
Scation by the Courts or holding by the Federal Trade Commission on
UNIVERSITY OF FLORIDA
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4 3 1262 08584 3505
complaint, finding, and order that any practice or method is unfair,
provided that such adjudication or holding is not inconsistent with
any provision of this Supplement or with the National Recovery
1. No provision of this Supplement shall be interpreted or applied
in such manner as to
(a) permit monopolies or monopolistic practices.
(b) eliminate or oppress small enterprises or discriminate against
2. No inequitable restrictions upon membership in the Association
shall at any time be imposed.
3. This Supplement is hereby made expressly subject to the right
of the President pursuant to Section 10 (b) of the National Indus-
trial Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the said
Act, and specifically but without limitation to the right of the Presi-
dent to cancel or modify his approval of this code or of any condi-
tions imposed upon him upon such approval.
4. By presenting this Supplement the members assenting hereto
do not thereby consent to any modification thereof, and they reserve
the right to object individually or jointly to any such modifications.
5. Such provisions of this Supplement as are not required to be
included therein by the National Industrial Recovery Act may,
upon the application of the Subdivision and with the approval of
the President, be modified or eliminated.
Approved Code No. 17-Supplement No. 1.
Registry No. 1405-02.