Amendment to code of fair competition for the lumber and timber products industry as approved on March 15, 1935

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Material Information

Title:
Amendment to code of fair competition for the lumber and timber products industry as approved on March 15, 1935
Portion of title:
Lumber and timber products industry
Physical Description:
6 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Lumber trade -- United States   ( lcsh )
Forest products -- United States   ( lcsh )
Forestry law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

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. 313-1-06."
General Note:
"Approved Code No. 9--Amendment No. 32."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931589
oclc - 646279295
System ID:
AA00008211:00001

Full Text



Aproe Code_ No 9-mnmn o.3 lgsryN.331


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION

FOR THE


LUMBER AND TIMBER

PRODUCTS INDUSTRIES


AS APPROVED ON MARCH 15, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


Registry No. 313-1-06


Approved Code No. 9-Amendment No. 32






















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Seattle, Wash.: 1730 Exchange Building.











Approved Code No. 9-Amendment No. 32


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

LUMBER AND TIMBER PRODUCTS INDUSTRIES

As Approved on March 15, 1935


ORDER

ArIF'loING AMENDMENT OF CODE OF FAIR CO(il'1I-IIrXN FOR THE
LUMBER AND Tii[L:un PRODUCTS INU[-IST-I:I:I
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I, of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an Amend-
ment to a Code of Fair Competition for the Lumber and Timber
Products Industries, and the annexed report of said amendment,
containing findings with respect thereto, having been made by the
Assistant Deputy Administrator and directed to the National Indus-
trial Recovery Board, and it appearing that an opportunity to be
heard will be afforded to all intere-ted parties:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Order Number 6859, and otherwise, does
hereby approve, adopt, and incorporate by reference said report,
recomnnllnda tions, and findings, and does further find that said
amendment and the Code as constituted after being amended comply
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act, and does hereby
order that said amendment annexed hereto be, and it is hereby ap-
proved, and that the previous approval of said Code is hereby modi-
fied to include an approval of said Code in its entirety as amended,
sich approval and such amendment to become effective twenty (20)
days from the date hereof unless good cause to the contrary is shown
to the National Industrial Recovery Board, and the National Indus-
trial Recovery Board issues a suib-,qi-lint Order.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrat.'i' Oficer.
Approval recommended:
W. P. ELIIS,
Division Admi ?is7rator.
WaSIINGTON, D. C.,
March 15, 1935
1216170--1603-76-35 (1










REPORT TO THE NATIONAL INDUSTRIAL RECOVERY
BOARD

NATIONAL INDUSTRIAL RECOVERY BOARD,
Washington, D. C.
GENTLEMEN: I have the honor to submit and reconimend for your
approval an amendment to the Code of Fair Competition for the
Lumber and Timber Products Industries, which changes Schedule
"A" of said Code by terminating the Appalachian and Southern
Hardwood Subdivision of the Hardwood Division and creating the
Appalachian Hardwood Subdivision of the Hardwood Division and
the Southern Hardwood Subdivision of the Hardwood Division.
The amendment designates the Appalachian Hardwood Manufac-
turers, Incorporated, as the administrative agency of the "Appa-
lachian Hardwood Subdivision ", vesting it with the powers author-
ized in the Code as necessary and proper for administrative purposes
in a Subdivision. An examination of its Constitution and By-
Laws shows that it imposes no inequitable restrictions upon lmember-
ship and is truly representative of the proposed Subdivision.
By this aimenddment the Hardwood Manu facturers Institute, Incor-
porated, which was previously the adm inistrative agency of the un-
divided Subdivision is continued, by designation, as the adminis-
trative agency for the majority of this area which will be included
in the "Southern Hardwood Subdivision." It has previously been
found to impose no inequitable restrictions on membership and to be
truly representative of the proposed Subdivision. It is hereby
vested with the powers authorized in the Code as necessary and
proper for administrative purposes in a Subdivision.
This amendment, has been submitted by the Lumber Code Author-
ity in accordance with a resolution of December 5, 1934, in pursuance
of a petition of the Hardwood Manufacturers of the region included
under the proposed "Appalachian Hardwood Subdivision." A
meeting of these manufacturers was held at Netherlands Plaza Hotel,
Cincinnati, Ohio, November 2, 11;34, at which were present manu-
facturers representing an annual capacity of 1,000,150,000 board feet
of hardwod lumber out of a total rateil capacity of 1,810,290,000
board feet or ,.32"' of the total. There were one hundred and
nineteen (119) manufacturers present with productive capacity
ranging from 312,000 to 76,000,000 board feet per annum. The av-
erage productive capacity of the manufacturers present was ap-
proximately 8,300,000 board feet per annum. Of the manufacturers
present thirty-one (31) have a yearly productive clnpliaity of less
than 2,000,000 board feet each. This petition received the approval
of the Hardwood Manufacturers Institute, Incorporated, the Hard-
wood Co-ordii eating Committee, and the Luimber Code Authority.
A notice of opportunity to be heard on this amendment will be
made known to all interested parties through the mailing of a
copy of said notice to everyone of record in the offices of the Ap-







palachian Hardwood Manufacturers, Incorporated, and the Hard-
wood Manufacturers Institute, the proposed Division Agencies re-
spectively in each of the two contemplated Subdivisions, and to
appropriate trade papers serving the affected areas.
The following exhibits are included in Volume II:
1. Industrial Advisory Board's Approval.
2. Consumers' Advisory Board's Approval.
3. Report of Labor Advisory Board.
4. Legal Division's Approval.
5. Research and Planning Division's Approval.
6. Administration Members' Approval.
7. Letter of Transmittal from the Lumber Code Authority.
8. Notice of Opportunity to be heard.
9. Copy of Petition of Appalachian Manufacturers submitted to
Lumber Code Authority, Letter of Transmission of said Petition
from that Authority, and Affidavits of competent parties supporting
salient points made in said Petition.
10. Action of Hardwood Manufacturers Institute Board of
Directors.
11. Code and Amendments already approved.
For the proper consideration of this amendment and detelrina-
tion with respect thereto, the following facts and findings are set
forth:
The hardwood lumber manufacturing industry of the South
has ever been divided into two distinct groups, i. e., the Appalachian
and the Southern manufacturers, as is evidenced by the Forest Serv-
ice's boundary delineation of the Appalachian territory and as set
out in the petition and its supporting affidavits. This division is
because of the following fundamental reasons:
(a) Operating Conditions: The Southern territory is largely flat
while the Appalachian is in the main hilly and mountainous. This
calls for usage in the Appalachian territory of a different and higher
class of labor, and different and more expensive types of logging
equipment than are necessary in the Southern operations. The hilly
topography and the heavier investment of capital iece--,ary in much
of the Appalachian region tend to minimize the number of very
small mills operating in that district.
(b) Timber Ownership: Appalachian timber is largely owned by
the mills that log and manufacture it, as contrasted with independent
log and standing timber marketing practices of the South.
(c) Timber Species: The Appalachian territory contains some
species not found in the South. In some other species the predomi-
nance is greater in the Applachian and in some others in the South.
(d) Quality: The quality of the Appalachian timber is generally
better than that of the South.
(e) Value: By reason of this superior quality, and, to some extent,
its closer proximity to major c')n-m-inig ia:rkets, the Appalachian
product comrniands a higher price.
(f) The minimum wage rates in the Appalachian and the South-
ern territories are 281/2 cents and 24 cents per hour respectively.
When it was written it was thought possible to adminisiter the Code
for these two distinctive groups through a joint Subdivision, upon
the administrative body of which each should have representation.







Eighteen months' expetilnce has demonstrated the fallacy of this
assumption. While the Appalachian mills produced about 25~. of
the hardwood lumber of the entire South, their representation on the
administrative directorate of the joint Subdivision has been six (6)
out of a total of thirty-three (33) or slightly over 181. The records
bear out the contention of the Appalachian operators that under joint
Subdivision admiii.-tration of Article VIII of the Code, the South-
ern mills have received an over-liberal production allotment at the
expense of the Appalarhi,;n mills. The Code sets up that an admin-
i.-trative agency S-hall be truly representative. This joint adminis-
trative agency is not, and becallm- of the fundamentally different
existing conditions above recitdl, can never be so made. The man-
date of the Code, justice and wisdom dictate that this pet it ion should
be granted through the approval and promlllgation of this amend-
ment which I find:
1st, Will effectuate the policies of the Act in the granting of true
repre-entation.
2nd, Will impose no inequitable restriction.
3rd, Will not promote monopolies or tend to monopolistic practices.
4th, Will not oppress small enterprises.
On the basis of all the facts stated above and the adinii-trativo
findings. of law and fact made above, I recoiminmend that this aijcilnd-
ment be approved.
Respectfully,
J. C. WICKLIFFE,
A ;'.sffutif D( puf ll Ani;Jni.4rItor.
Approval recoltiiiended: A
A. C. DIXON,
Deputy Adii i, 'trator.
W. P. ELLIS,
Division Administra t(.
nMArCIH 7, 1935.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LUMBER AND TIMBER PRODUCTS INDUSTRIES
In Schedule A, DIVISION AND SUBDIVISION CODE PRO-
VISIONS, delete "2-A. Appalachian and Southern Hardwood Sub-
division and substitute therefore:
2-A. Appalachian Hardwood Subdivision
2-H. Southern Hardwood Subdivision
In Schedule A, 2. Hardwood Division, Division (Article II, C):,
paragraph (a), delete Southern and Appalachian Hardwood Sub-
division and substitute therefore:
Appalachian Hardwood Subdivision
Southern Hardwood Subdivision
In Schedule A, 2. Hardwood Division, Administrative Agencies
(Article III):, paragraph (A), delete Southern and Appalachian
Hardwood Subdivision-Hardwood Manufacturers Institute" and
substitute therefore:
Appalachian Hardwood Subdivision-Appalalchi;an Hardwood
Manu fact urers, Inc.
Southern Hardwood Subdivi.-ion -Hardwood d Manu facturer s
Institute.
In Schedule A, delete entire section "2-A. Appalachian and South-
ern Hardwood Subdivision and substitute therefore:
2-A. APPArLACHIAN HARDWOOD SUBDIVISITN
SrBDI\SIOSN (Article II C):
This Subdivision consists of producers and iiantifactivirs of the
lumber and timber products of this Subdivision specified in the
paragraph entitled "Products" in the territory defined as follows:
Starting at Louisville, Ky., following main line of the Louisville and
Nashville Railroad to the Kentucky-Tennessee State line; thence
east following said State line to the westerly line of Pickett County,
Tenn.; thence southerly along the westerly boundaries of Pickett,
Fentress, Morgan, Roane, Rhea and Hamilton Counties to the inter-
section of the westerly line of Hamilton County and the Nashville
Chattanooga and St. Louis Railroad; thence easterly along said Rail-
road through Chattanooga to the intersection of said Railroad and
the Tennessee-Georgia State line; thence westerly along said Ten-
nessee-Georgia State line to the junction of the States of Tennessee,
Georgia and Alabama; thence south on Alabama-Georgia State line
to thirty fourth parallel; thence east on thirty-fourth parallel in
Georgia to mainline' Southern Railway, Atlanta to Washington
route; and thence northeast following Southern Railway from this
point through South Carolina, North Carolina and Virginia to the
northern terminal at Washington, D. C., and thence northward along
the line of the Pennsylvania Railway, Wahiiington to Philadelphia
route, to Pennsylvania State line; thence west along southern bound-




UNIVERSITY OF FLORIDA

6 I II I IIII I i l ll1111 1111i
3 1262 08583 0155
ary line and north along the w-estern boundaiy line of Pennsylvania
to Ohio River; thence along Ohio River to Louisville, Kentucky.
All ;points on boundary lines between Appalachian and Southern
Hardwood Subllivi-io(ns are in Southern territory.
PrODUCTrs (Article II A) :
All lumber and timber products enumerated when manufactured
flrin hardvlwo()od., Appalachian hemlock, white pine, spruce, white
(jinipe.r) and red cedar, ex-ept: poles and piling; shingles; wood-
work, including, prodlunts of planing mills not operated in con-
junction with sawmills; hardwood flooring: veneers; plywood; kiln
dried hardwi d dimension; sawed boxes, shook and crates; plywood,
ven'er, and wireblound packages and containers; crossarms; and rail-
raad cross ties.
ADMINISTRATIVE AGENCY (Article III):
Appalachian Hardwood Manufacturers, Inc., is designated as
the agency of the Authority and-the Hardwood Coordinating Com-
mittee for the administration of the Code in this Subdivision. Said
Applalacliian Hardwood Manufacturers, Inc., through its Board of
Tr1utees is authorized to make such rules and regulations as are
necessary to administer the Code in this Subdivision and to desig-
nate and authorize Luchi further agencies as may be required for
this purpose.
2-H. SOUTIIERN H .IIi)WOOD SUBDIVISION
SrimnivISION (Article II C) :
This Subdivision consists of producers and manufacturers of the
lumber and timber products of this Subdivision specified in the
paragraph entitled Products within the following states: Texas,
Louisiana. Mi-.-i-ippi, Alabama,. Arkansas, MIissouri, Oklahoma,
Florida, Georgia, Tennessee, Kentucky, South Carolina, North Caro-
lina, Virginia, and Maryland; excepting such portions of the above
named states as lie within the Appalachian territory as described
in 2A. All points on boundary lines between Appalachian and
Southern Hardwood Subdivisions are in Southern territory.
PI.rDUCTS (Article II A) :
All lumber and timber products enumerated when manufactured
from hardwoods, white and yellow cypress, and white (juniper) and
red cedar, except: poles and piling; shingles; woodwork, including
products of planing mills not operated in conjunction with sawmills;
hardwood flooring; veneers; plywood; kiln dried hardwood dimen-
sion; sawed boxes, shook and crates; plywood, veneer and wirebound
packages and containers; crossarms; and railroad cross ties.
ADMINISTRATIVE AGENCY (Article III) :
The Hardwood Manufacturers Institute is designated as the
agency of the Authority and the Hardwood Coordinating Com-
mittee for the administration of the Code in this Subdivision. Said
In-stitute, through its Board of Directors, is authorized to make such
rules and regulations as are necessary to administer the Code in this
Subdivision and to designate and authorize such further agencies
as may be required for this purpose.
Appirvled Code No. 9-Amendment No. 32.
Registry No. 313-1-06.