Citation
Supplementary code of fair competition for the water meter manufacturing industry (a division of the machinery and allied products industry) as approved on May 16, 1934

Material Information

Title:
Supplementary code of fair competition for the water meter manufacturing industry (a division of the machinery and allied products industry) as approved on May 16, 1934
Portion of title:
Water meter manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
11 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Water-meters -- Law and legislation -- United States ( lcsh )
Hydraulic engineering -- Instruments -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1320-01."
General Note:
"Approved Code No. 347--Supplement No. 8."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
647735435 ( OCLC )
ocn647735435

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Full Text





NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE

WATER METER

MANUFACTURING INDUSTRY


(A Division of the Machinery and Allied Products Industry)

AS APPROVED ON MAY 16, 1934


- w rw OUR


PARt


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


UNIV. OF FL LI.
nncUMENTS DEPrt


u.SO. DprEp
U. DE


Approved Code No. 347-Supplement No. 8


Registry No. 1320-01






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.










Approved Code No. 347-Supplement No. 8


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

WATER METER MANUFACTURING INDUSTRY

As Approved on May 16, 1934


ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WATER METER
MANUFACTURING INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS 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 approval of a Supple-
mental Code of Fair Competition for the Water Meter Manufactur-
ing Subdivision of Machinery and Allied Products Industry, and
hearings having been duly held thereon and the annexed report on
said Supplemental Code containing findings with respect thereto,
having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplemental Code complies in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do hereby order that
said Supplemental Code of Fair Competition be and it is hereby
approved subject to the following condition: that the provisions of
Article VII, Section (a), insofar as they prescribe a waiting period
between the filing with the Code Authority (or such agency as may
be designated in the Supplemental Code) and the effective date of
price lists, as originally filed and/or revised price lists or revised
terms and conditions of sale, be and they hereby are stayed pending
my further order.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Administrator.
WASHINGTON, D.C.,
May 16, 1934.
59658--544-94-34 (11











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplemental Code of Fair Compe-
tition for the Water Meter Manufacturing Subdivision of Machinery
and Allied Products Industry, a Public Hearing on which was held
in Washington, D.C., on December 8, 1933, and reconvened on De-
cember 21, 1933. The Hearing was conducted in full accordance
with the provisions of Title I of the National Industrial Recovery
Act.
GENERAL STATEMENT

The Water Meter Manufacturing Subdivision, being truly rep-
resentative of the manufacturers of the products defined in Article
II of the Supplemental Code, has elected to formulate and sub-
mit a Supplemental Code of Fair Competition as provided in the
second paragraph of Article I of the Code of Fair Competition for
the Machinery and Allied Products Industry, approved by you on
the seventeenth day of March, 1934.
The Water Meter Manufacturing Subdivision means the manufac-
ture for sale of water meters and parts thereof, and includes all those
engaged in such manufacture for sale.

ECONOMIC EFFECT

This Subdivision has been severely affected by the recent depres-
sion; this is evidenced by the steady decline in annual sales since
1929. The annual volume of production of Water Meters and parts
thereof as reported by the Division of Economic Research and Plan-
ning declined from $14,915,000 in 1929 to $4,935,000 in 1932, or
66.9%. The six months total of the value of production of $2,219,000
for the year 1933 indicates a continued decline as compared with the
total for the last six months of 1932.
Estimates of approximate employment of factory workers indi-
cate this Subdivsion employed 2,762 in 1929 and an average of
1,610 in 1932, representing a decline of 41.7%, and on the basis of
six months averages employment further declined to an average of
1,322 in the first six months of 1933; although the last figure we
have for August 1933 shows a gain to 11710 workers in that month.
No figures are available on the full time hours per week for the
entire Subdivision. However, figures submitted by the Water Meter
Institute in a special report representing 90% to 95% of the Sub-
division, show that approximately 21% of the wage earners were
working 40 hours or more per week during the month of August,
1933. The average of man-hours maintained by the force of 1,710
(2)








factory workers in August, 1933, was approximately 37.8 hours per
week. Consequently the 40-hour provision of the Code will probably
have little influence on further employment until production re-
quirements increase.
The wage provisions for the Subdivision, which is operating under
the Code of the Machinery and Allied Products Industry, provide
that employees engaged in plant operations shall be paid as follows:
(1) in cities of more than 50,000 population and their immediate
vicinity, 40 cents per hour; (2) in cities of more than 10,000 but not
more than 50,000 population and their immediate vicinity, which
cities are not in the immediate vicinity of a city of more than 50,000
population, 38 cents per hour; (3) in cities of 10,000 population or
less and their immediate vicinity, which cities are not in the im-
mediate vicinity of a city of more than 10,000 population, 36 cents
per hour, except that employees engaged in plant operations in all
localities in the states of Virginia, North Carolina, South Carolina,
Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas,
Louisiana, Texas, and Oklahoma, shall be paid not less than 32
cents per hour.
When females do substantially the same work as males or replace
males, they shall receive the same pay. However, no female em-
ployee shall be paid less than 87!"% of the proper rate for the
locality in which employed.
Office boys and girls and apprentices shall be paid not less than
80% of the minimum wage.
Employees other than those engaged in plant operations shall
receive not less than $15.00 per week.

Estimated number of factory workers receiving lcss than desigialcnd hourly raIte

Approximate
Proposed Percent of number of
minimum workers workers
Proposed for South or cities ranging from- hourly receiving re ing less
wage lecq than than mini-
(cen l) mlnimn mum regard-
less of
location

50,000 population and over....---- ----..... -------... -------..... 40 20.5 323
10,000 to 50,000 population ....------....--..----------------.... 38 17.8 281
Under 10,000 population.-.......--.----------------.------- 36 15.0 238
Southern minimum ---- ----------------- -----------------32 10.4 165
SOURCE: Water Meter Institute. Special Report, dated August 1933.

Based on the percentages of number of wage earners receiving less
than the designated rates as shown above, the adoption of the pro-
posed minimum hourly rates is expected to cause a small further
increase in the payrolls of this Industry based on the sample dis-
tribution as of August 1933. The estimated increase will probably
not exceed three per cent assuming only upward adjustment in the
brackets below the 40-cent minimum and no further increase in man-
hour requirements.
The Code requires that no person under sixteen (16) years of
age shall be employed in this Subdivision.







RESUME OF SUPPLEMENTAL CODE

Article I states the purpose of the Supplemental Code.
Article II accurately defines specific terms applicable to the Sub-
division as used in this Supplemental Code.
Article III provides for the adoption of the employment provi-
sions of the National Industrial Recovery Code of the Machinery
and Allied Products Industry, as approved by you, and as from time
to time amended.
Article IV provides for the adoption of Articles II, VI, VIII, and
IX of the National Industrial Recovery Code of the Machinery and
Allied Products Industry, in accordance with the conditions of this
Article governing their adoption.
Article V provides for the establishment of a Code Authority and
defines its powers and duties.
Article VI provides for an accounting system and methods of cost
finding and 'or estimating.
Article VII provides for methods of setting up, revising, and
filing price lists and discount sheets and terms of sale and payment.
Article VIII sets forth trade practices for the Subdivision.
Article IX. No provision of this Supplemental Code relating to
pricing and marketing shall apply to direct export sales or to any
product destined ultimately for export.
Article X. This Supplemental Code and all the provisions thereof
are expressly made subject to the right of the President, in accord-
ance with Subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under said Act. Provision is also made that modi-
fications may be submitted by the Code Authority to the Administra-
tor for approval.
Article XI provides means for withdrawal of this Subdivision
from the Basic Code and its continuance as an autonomous Code.
Article XII. No provision of this Supplemental Code shall be so
applied as to permit monopolies, or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Article XIII states the effective date of this Supplemental Code.

FINDINGS

The Assistant Deputy Administrator in his final report to me on
said Supplemental Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) Said Supplemental Code is well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups by inducing and maintaining united action of labor
and management under adequate governmental sanctions and su-
pervision, by eliminating unfair competitive practices, by promoting








the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Subdivision; and that said association imposes nq
inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discriminate
against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Supplemental Code.
For these reasons, therefore, I have approved this Supplemental
Code, provided that certain provisions relating to price publication
are stayed.
Respectfully,
HIGH S. JOHNSON,
A d m inistrator.
IMAY 16, 1934.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE WATER METER MANUFACTURING INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policy of Title I of the National Industrial Recov-
ery Act, the following provisions are established as a Supplemental
National Industrial Recovery Code for the Water Meter Manufac-
turing Subdivision of the Machinery and Allied Products Industry,
and together with the National Industrial Recovery Code of Machin-
ery and Allied Products Industry shall be the standard of fair
competition for this subdivision, and shall be binding on each
employer therein.
ARTICLE II-DEFINITION

"Applicant means the Water Meter Institute, a trade organiza-
tion, which organization is truly representative of this Subdivision,
all members of which are engaged in the manufacture for sale of the
products of the Water Meter Manufacturing Subdivision of the
Machinery and Allied Products Industry.
Industry" means the Machinery and Allied Products Industry,
as defined in its National Industrial Recovery Code as approved by
the President, and as such definition may from time to time be
amended.
"Subdivision means this Water Meter Manufacturing Subdivi-
sion of the Machinery and Allied Products Industry as defined and
set forth in Paragraph 35 of Article II of the National Industrial
Recovery Code of the Machinery and Allied Products Industry as
follows:
Water Meter Manufacturing Subdivision means the manufacture
for sale of water meters and parts thereof, and includes all those
engaged in such manufacture for sale."
Code means the National Industrial Recovery Code of the Ma-
chinery and Allied Products Industry, as approved by the Presi-
dent, and as from time to time amended.
"Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver,
or other entity.
Employer" means any person engaged in the Subdivision either
as an employer of labor or in his own behalf.
Employee r eans any one who is employed in the Subdivision
by any such emptlyer.
The Act" means Title I of the National Industrial Recovery
Act.
The President" means the President of the United States.
(6)







The Administrator means the Administrator for Industrial Re-
covery.
Basic Code Authority" means the Code Authority for the Ma-
chinery and Allied Products Industry as constituted by the Code.
Code Authority means the Code Authority constituted for this
Subdivision as provided by the Code and by this Supplemental Code.
Group Code Authority means the Code Authority for any group
or product classification within this Subdivision, constituted under
the authority of the Code and of this Supplemental Code.
"Publish means to make available to the public.

ARTICLE III-EMPLOYMENT PROVISIONS

The following Articles of the Code, viz: Article III, "Working
Hours "; Article IV, "Wages"; and Article V, "General Labor
Provisions ", are hereby made a part of this Supplemental Code, with
the same effect as if they were written into this Supplemental Code.

ARTICLE IV-ADOPTION OF OTHER PROVISIONS OF CODE

The following Articles of the Code, viz: Article II, Definitions ";
Article VI, "Administration ", to the extent that they shall be appli-
cable to this Supplemental Code as such or as it. may hereafter be
administered as an autonomous Code; Article VIII, Modifications
and Termination "; and Article IX, Withdrawal ", are hereby
adopted and made a part of this Supplemental Code with the same
effect as if they were written into this Supplemental Code.

ARTICLE V-ADMINISTRATION

(a) The Code Authority for this Subdivision shall be constituted
as follows:
(1) During the period, not to exceed sixty days, following the
effective date of this Supplemental Code, the Code Committee of
Applicant shall constitute a temporary Code Authority. This Com-
mittee shall consist of five members, and the Administrator, in his
discretion, may appoint one additional member (without vote and
without expense to the Subdivision).
(2) Within sixty days after this Supplemental Code shall become
effective the Executive Committee of Applicant shall nominate seven
persons, and the employers not members of Applicant shall have the
right to nominate one person, and all employers at a meeting duly
called for the purpose of which at least ten days' notice by registered
mail shall be given and at which employers shall have the right to
vote either in person or by proxy, shall vote on the eight persons so
nominated, subject to the provisions of paragraph (c) of this Article
V, provided, however, that if the employers not members of Appli-
cant do not exercise the right to nominate one person, the vote at the
meeting shall be on the seven persons nominated by the Executive
Committee of Applicant. The five persons receiving the greatest
number of votes at such election shall constitute the permanent Code
Authority together with the Administrator's appointee (if any)
as referred to in paragraph (a) (1) of this Article V.







(b) Any employer in this Subdivision shall be eligible for mem-
bership in Water Meter Institute.
(c) Any employer in this Subdivision shall be entitled to vote
at the election of, and share in the benefits of the Code Authority,
and may participate in any endeavors of the Code Authority in the
preparation of any revision of, or additions or supplements to, this
Supplemental Code. Each such employer shall pay his proper pro
rata share of the reasonable cost of creating and administering this
Supplemental Code as determined by the Code Authority. Each
such employer shall have one vote.
(d) Employers in this Subdivision having a common interest and
common problems, may be grouped by the Code Authority for
administrative purposes.
There shall be a group Code Authority approved or appointed by
Code Authority for each such group.
(e) If formal complaint is made to Code Authority, that pro-
visions of this Supplemental Code have been violated by any em-
ployer, the Code Authority or the proper Group Code Authority,
may, to the extent permitted by the Act, cause such investigation or
audit to be made as may be deemed necessary. If such investigation
is made by Group Code Authority, it shall report the results of such
investigation or audit to Code Authority for action.
(f) Code Authority may exercise its functions through such
agents or committees as it may select, to operate under its super-
vision.
AwRTILE VI-ACOUNTING

The Code Authority shall cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of use
by all members of the Subdivision. After such system and methods
have been formulated, full details concerning them shall be made
available to all members. Thereafter all members shall determine
and/or estimate costs in accordance with the principles of such
methods.
ARTICLE VII-PRICE LISTs
(a) If and when the Subdivision Code Authority determines that
in any group of the Subdivision it has been the generally recognized
practice to sell a specified product on the basis of net price lists, or
price lists with discount sheets, and fixed terms of sale and payment,
each manufacturer of such product shall, within ten (10) days after
notice of such determination, file with Code Authority a net price
list, or a price list with discount sheet, as the case may be, indi.
vidually prepared by him showing his current prices, or prices and
discounts, and terms of sale and payment, and the Code Authority
shall immediately publish and send copies thereof to all known
manufacturers of such specified products.
Revised price lists and/or discount sheets and/or terms of sale
and payment may be filed from time to time thereafter with the
Code Authority by any manufacturer of such product, to become
operative upon the date specified therein, but such revised price lists







and/or discount sheets and/or terms of sale and payment shall be
filed with the Code Authority ten (10) days in advance of the op-
erative date. The Code Authority or Group Code Authority may
establish a shorter period at any time provided no revisions then
waiting operative date shall be affected thereby. Copies thereof,
with notice of the operative date specified, shall be immediately pub-
lished and sent to all known manufacturers of such product, any
of whom may file, if he so desires, revisions of his price lists and/or
discount sheets and/or terms of sale and payment to meet the prices
and/or discounts and/or terms of sale and payment first filed, which
shall become effective upon the date when the revised price list
and/or discount sheet and/or terms of sale and payment first filed
shall go into effect.1
(b) If and when the Code Authority shall determine that in any
group of the Subdivision not now selling its product on the basis
of price lists, with or without discount sheets, with fixed terms of
sale and payment, the distribution or marketing conditions in the
group are the same as, or similar to, the distribution or marketing
conditions in a group where the use of price lists, with or without
discount sheets, and fixed terms of sale and payment is well recog-
nized, and that a system of selling on net price lists or price lists
and discount sheets with fixed terms of sale and payment should be
put into effect in such group, then each manufacturer of the product
or products of such group shall within twenty (20) days after notice
of such determination, file with the Code Authority net price lists
or price lists and discount sheets, with fixed terms of sale and pay-
ment, showing his prices and discounts and terms of sale and pay-
ment, and such price lists and/or discount sheets and 'or terms of
sale and payment shall be published and may be thereafter revised
in the manner hereinbefore provided. Provided that Code Authority
shall make no determination tq place any product of the Subdivision
(not now on a price list basis) on a price list basis, as provided in
this paragraph (b) of Article VII unless affirmative consent to such
determination is given by a 75% vote of employers cooperating in
this Code who are at that time engaged in manufacturing such prod-
uct. The eligibility requirements, method, and effect of such voting
shall be the same as is provided by Article V.
(c) No employer shall sell directly or indirectly by any means
whatsoever, any product of the Subdivision covered by provisions
of this Article VII at a price lower or at discounts greater, or on
more favorable terms of sale and payment, than those provided in
his own current net price lists, or price lists and discount sheets, and
terms of sale and payment which have been filed with Code Author-
ity and which have become effective.

ARTICLE VIII-TRADE PA.\nICES

Each of the following acts and practices is deemed to be inimical
to the best interests of the Industry, and of the public, and each is,
therefore, hereby declared to be, and to constitute, an unfair method
of competition, viz:
See paragraph 2 of order approving this Code.







(a) The secret payment of any rebate, credit, subsidy, or dis-
count, in money or otherwise, with intent to influence any sale.
(b) The payment, or promise to pay, to any agent, fiduciary, or
representative, any money or valuable thing, with or without the
knowledge of his principal, for the purpose of improperly influenc-
ing any sale to his principal, provided that this paragraph shall not
be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.
(c) Untruthfully advertising, representing, or marking any prod-
uct with intent to deceive or mislead.
(d) The publishing or circularizing of any threat of suit for
infringement of patent or trade-mark, or of any other legal pro-
ceedings, not in good faith, which would tend to harass a competi-
tor or intimidate his customers.
ARTICLE IX-SALES FOR EXPORT

The provisions of this Supplemental Code concerning pricing and
marketing shall not apply to direct export sales of any product. A
similar exemption may be granted by the Code Authority as to
sales of any product destined ultimately for export. Unless other-
wise determined by the Code Authority the term "export shall
include all shipments to all places without the several states of the
United States and the District of Columbia; provided, however,
that no shipment to any territory or possession of the United States
shall be considered an export when any employer is engaged in the
Subdivision in such territory or possession.

ARTICLE X-MODIFICATIONS

(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amendments, additions, revisions, or supplements of
this Supplemental Code, proposed by Code Authority, and ap-
proved by 75% of the employers shall be in full force and effect upon
approval by the Administrator. The eligibility requirements,
method, and effect of such voting shall be the same as provided by
Article V.
ARTICLE XI-WITHDRAWAL

As is provided by Article IX of the Code, upon 30 days' notice
to Basic Code Authority and to the Administrator, this Subdivision
may, upon the affirmative vote of not less than two-thirds of the
employers within this Subdivision, withdraw from the jurisdiction
of Basic Code Authority. After and in event such withdrawal is
accomplished, this Supplemental Code, together with the provisions
of the Code, except such portions of Articles I, II, VI and VII as
are not pertinent thereto as determined by the Code Authority
and the Administrator shall become and be the Code governing
this Subdivision, and the Code Authority shall for this Subdivision







become and be the only Code Authority, and shall perform all the
functions with respect thereto.

ARTICLE XII-M\ONOPOLIES

Applicant imposes and shall impose no inequitable restrictions
on membership therein. The Supplemental Code presented by it
is not designed to promote monopoly, and shall not be so construed
or applied as to oppress or eliminate small enterprises or discrimi-
nate against them, and is designed to effectuate the policy of the Act.

ARTICLE XIII-EFFECTIVE DATE

This Supplemental Code shall become effective and binding on all
persons engaged in the Subdivision on the eleventh day after its
approval.
Approved Code No. 347-Supplement No. 8.
Registry No. 1320-01.




UNIVERSITY OF FLORIDA
3 II 1 2 llI8ll 0l i l IIIBBIIl7liii, B-*III
3 1262 08583 0718




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PAGE 1

Approved Code No. 347-Supplement No.8 Registry No. 1320-01 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WATER METER MANUFACTURING INDUSTRY (A Division of the Machinery and Allied Products Industry) AS APPROVED ON MAY 16, 1934 UN IV. FL Ltl. . .... ...... o---'A lt ""; .. .... U.S. DIPOle,..,_ UNITED STATES GOV ,ERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent ol Documents, Washington, D.O. • • • • • • • Price 5 :nts v

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg. : 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building. '.

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Approved Code No. 347-Supplement No. 8 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WATER METER MANUFACTURING INDUSTRY As Approved on May 16, 1934 ORDER SUPPLEMENTARY ConE OF FAIR CoMPETITION FOR THE WATER l\1ETER l\1.ANUF.ACTURING INDUSTRY .A DIVISION OF THE :M:ACHINERY .AND ALLrED PRODUCTS 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 approval of a Supplemental Code of Fair Competition for the Water Meter Manufacturing Subdivision of Machinery and Allied Products Industry, and hearings having been duly held the reon and the anne xed r eport on said Supplemental Code containing findings with respect thereto, having been made and directed to the President: NOvV, THEREFORE, on behal:f of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recov ery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, date d Dec ember 30, 1933, and otherwise; do hereby incorporate by r e feren c e s aid annexed report and do find that said Supple m ental Code compli e s in all respects with the pertinent provisions and will promote the poli c y and purposes of said Title of said Act; and do hereby order that said Supplemental Code of Fair Competition be and it is hereby approved subject to the following condition: that the provisions of Article VII, Section (a), insofar as they prescribe a waiting p eriod between the filing with the Code Authority (or such agency a s m a y be designated in the Supplemental Code) and the effecti ve d a t e of price lists, as originally filed and/ or revised price lists or revi se d terms and conditions of sale, be and they hereby are sta y e d p ending my further order. Approval recommended: A. R. GLANCY, HuGH S. JoHNSoN, Administrator for Industrial R ecov ery. Administrator. w .ASHINGTON, D.C., May 16, 1934. 59658----544-94----34 (1)

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REPORT TO THE PRESIDENT The PREsiDENT, The White House. SIR: This is a report on the Supplemental Code of Fair Compe tition for the Water Meter JVIanufacturing Subdivision of Machinery and Allied Products Industry, a Public Hearing on which was held in Washington, D.C., on December 8, 1933, and reconvened on De cember 21, 1933. The Hearing was conducted in full accordance with the provisions of Title I of the National Industrial Recovery Act. GENERAL STATEl\IENT The Water Meter Manufacturing Subdivision, being truly rep resentative of the manufacturers of the products defined in Article II of the Supplemental Code, has e lected to formulate and submit a Supplemental Code of Fair Competition as provided in the second paragraph of Article I of the Code of Fair Competition for the 1\.fachinery and Allied Products Industry, approved by you on the seventeenth day of March, 1934. The Water Meter Manufacturing Subdivision means the manufacture for sale of water meters and parts thereof, and includes all those engaged in such manufacture for sale . ECONOMIC EFFECT This Subdivision has been severely affected by the recent depression; this is evidenced by the steady decline in annual sales since 1929. The annual volume of production of Water Meters and parts thereof as reported by the Division of Economic Research and Planning declined from $14,915,000 in 1929 to $4,935,000 in 1932, or 66.9%. The six months total of the value of production of $2,219,000 for the year 1933 indicates a continued decline as compared with the total for the last six months of 1932. Estimates of approximate employment of factory workers indicate this Subdivision employed 2,762 in 1929 and an average of 1,610 in 1932, representing a decline of 41.7%, and on the basis of months averages employment further declined to an average of 1,322 in the first six months of 1933; although the last figure we have for August 1933 shows a gain to 11710 workers in that month. No figures are available on the full time hours per week for the entire Subdivision. However, figures submitted by the Water Meter Institute in a special report representing 90% to 95% of the Sub division, show that approximately 21% of the wage earners were working 40 hours or more per week during the month of August, 1933. The average of man-hours maintained by the force of 1,710 (2)

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3 factory workers in August, 1933, was approximately 37.8 hours per week. Consequently the 40-hour provision of the Code will probably have little influence on further employment until production re quirements increase. The wage provisions for the Subdivision, whi c h is operating unde r the Code of the Machinery and Allied Products Industry, provide that employees engaged in plant operations shall be paid a s follows: ( 1) in cities of more than 50,000 population and their immediate vicinity, 40 cents per hour; (2) in cities of more tha n 10 , 000 but not more than 50,000 population and their immediate vi cinity, whi c h cities are not in the immediate vicinity of a city of more than 50,000 population, 38 cents per hour; (3) in cities of 10,000 population or less and their immediate vicinity, which cities are not in the immediate vicinity of a city of more than 10,000 population, 36 cents per hour, except that employees engaged in plant operations in all localities in the states of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi , Arkans as, Louisiana, Texas, and Oklahoma, shall be paid not le ss than 32 cents per hour. When females do substantially the same work as males or replace , males, they shall receive the same pay. However, no f e male e m ployee shall be paid less than 87lj2% of the prope r rate for the locality in which employed. Office boys and girls and apprentices shall be paid not less than 80% of the minimum wage. Employees other than those engaged in plant operations shall receive not less than $15.00 per week. JJJstimated number of factory workers receiving l ess than d esi g nated h ourly 1at e s Approxim a te Proposed P erce!}t of number or minimum w orkers workers Proposed for South or cities ranging from-hourly rec e ivin g receiving less wa g e l ess th!!n than mini (cents) minimum mum regard less of location 60,000 population and over_-------------------------------------40 20. 5 323 10,000 to 50,000 population ________________________________________ 38 17. 8 281 Under 10,000 population. ______ ----_______________________________ 36 15. 0 238 Southern minimum--------------------------------------------32 10.4 165 SOURCE: Water Meter Institute. Special Report, dated August 1933. Based on the percentages of number of wage earners rec eiving less than the designated rates as shown above, the adoption of the pro posed minimum hourly rates is expected to cause a small further Increase in the payrolls of this Industry based on the sample dis tribution as of August 1933. The estimated increase will probably not exceed three per cent assuming only upward adjustment in the brackets below the 40-cent minimum and no further increase in manhour requirements. The Code requires that no person under sixteen ( 16) years of age shall be employed in this Subdivision.

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4 RESID!E OF SUPPLEMENTAL CODE Article I states the purpose of the Supplemental Code. Article II accurately defines specific terms applicable to the Sub division as used in this Supplemental Code. Article III provides for the adoption of the employment provi sions of the National Industrial Recovery Code of the Machinery and Allied Products Industry, as approved by you, and as from time to time amended. Article IV provides for the adoption of Articles II, VI, VIII, and IX of the National Industrial Recovery Code of the Machinery and Allied Products Industry, in accordance with the conditions of this Article governing their adoption. Article V provides for the establi hment of a Code Authority and defines its powers and duties. Article VI provides for an accounting system and methods of cost finding and/ or estimating. Article VII provides for methods of setting up, revising, and filing price lists and discount heets and terms of sale and payment. Article VIII sets forth trade practices for the Subdivision. Article IX. No provision of this Supplemental Code relating to pricing and marketing shall apply to direct export sales or to any product destined ultimately for export. Article X. This Supplemental Code and all the provisions thereof are express !y made subject to the right of the President, in accord ance with Subsect ion (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, license, rule or regulation issued under said Act. Provision is also made that modi fications may be submitted by the Code Authority to the Administrator for approval. Article XI provides means for withdrawal of this Subdivision from the Basic Code and its continuance as an autonomous Code. Article XII. No provision of this Supplemental Code shall be so applied as to permit monopolies, or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises . Article XIII states the effective date o:f this Supplemental Code. FINDINGS The Assistant Deputy Administrator in his final report to me on said Supplemental Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that: (a) Said Supplemental Code is well designed to promote the poli cies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza tion of industry for the purpose of cooperative action among the trade groups by inducing and maintaining united action of labor and management under adequate governmental sanctions and su pervision, by eliminating unfair competitive practices, by promoting

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5 the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Subdivision normally employs not more than 50,000 employees; and is not classified by me as a major industry. (c) The Supplemental Code as approved complies in all respects with the ,Pertinent provisions of said Title o:f said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Subdivision; and that said association imposes nCl inequitable restrictions on admission to membership therein. (d) The Supplemental Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Supplemental Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplemental Code. For these reasons, therefore, I have approved this Supplemental Code, provided that certain provisions relating to price publication are stayed. Respectfully, MAY 16, 1934. HUGH s. JOHNSON' Administrator.

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SUPPLEMENTARY CODE O F FAIR C OMPETITION FOR THE WATER METER l\llANUFACTURING I N DUSTRY A DmSION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY ARTICLE I -PURPOSES To effectuate the policy of Title I of the National Industria l ery Act, the following provisions are estab l ished as a S u p p l e m ental National Industrial Recovery Code for the Water Meter turing Subdivision of the and Alli ed Products Industry, and together with theN ational Industrial R ecovery Code of Machi nery and Allied Products Industry shall be t h e standard of fai r competition for this subdivision, and shall be binding on eac h employer therein. ARTICLE II-DEFINITION "Applicant" means the Water Institute a trade organiza tion, "hich organization is truly representative of this Subdivisio n , all members of which are engaged in the manufacture for sale of the products of the Water Meter Manufacturing Subdivisi on of t he Machinery and Allied Products Industry. "Industry" means the Machinery and Alli ed Products Industr y, as defined in its National Industrial Recovery Code as approved by the President, and as such definition may from time to time be amended. "Subdivision" means this Water Meter l\1anufacturing Subdivi sion of the and Allied Products Industry as defined a .nd set forth in Paragraph 35 of Article II of the National Industrial Recovery Code of the l\1achincry and Allied Products Industry as follows: " Water M e ter M anwfacturing Subdivision means the manufacture for sale of water meters and parts thereof and includes all those engaged in such manufacture for sale . " _ ' Code" means the National Industrial RecoYery Code of the chinery and Allied Products Industry, as approved by the Presi dent, and as from time to time amended. "Person" means a natural person, a partnership, a corporation, an association, a trust, a trustee, a trustee in bankruptcy, a receiver, or other entity. "Employer" means any person engaged in the Subdivision either as an employer of labor or in his own behaJf. "Employee" any one who is employed in the Subdivision by any such empi'Oyer. " The Act " means Title I of the National Indu trial Recovery Act. "The President" means the President of the United States. (6)

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7 "The Administr(J)tor" means the Administrator for Industrial Re covery. "Basic Oode Awthority" means the Code Authority for the Ma chinery and Allied Products Industry as constituted by the Code. "Oode Authority" means the Code Authority constituted for this Subdivision as provided by the Code and by this Supplemental "Group Oode Awtlwrity "means the Code Authority for any group or product classification within this Subdivision, constituted under the authority of the Code and of this Supplemental Code. "Publish" means to make available to the public. ARTICLE III-El\IPLOYl\IIENT PROVISIONS The following Articles of the Code, viz : Article III, " Working Hours"; Article IV, "Wages"; and Article V, "General Labor Provisions ", are hereby made a part of this Supplemental Code, with the same effect as if they were written into this Supplemental Code.. ARTicLE IV-ADOPTION OF OTHER PRovi s ioNs OF CoDE The followincr Articles of the Code, viz: Article II, "Definitions"; Article VI, "Administration", to the extent that they shall be appli cable to this Supplemental Code as such or as it may hereafter be administered as an autonomous Code; Article VIII, " l\1odifications and Termination"; and Article IX, ""\Vithdrawal ", are hereby adopted and made a part of this Supplementa l Code with the same effect a s if they were written into this Supplemental Code. ARTICLE V-ADMINISTRA TION (a) The Code Authority for this Subdivision shall be constituted as follows: (1) During the period, not to exceed sixty days, following the effective date of this Supplemental Code, the Code Committee o Applicant shall constitute a temporary Code Authority. This Com mittee shall c o nsist of five membe.rs, and the Administrator, in his discretion, may appoint one additional memb e r (without vote and without expense to the Subdivision) . (2) vVithin sixty days after this Supplemental Code shall become effective the Executive Committee of Applicant shall nominate seven persons, and the employers not members of Applicant shall haYe the right to nominate one person, and all employ e r s at a meeting duly called for the purpose of which at lea s t ten day s ' notice by regi stered mail shall be given and at which employers shall have the right to vote either in person or by proxy, shall vote on the eight pers ons so nominate d, subject to the provisions of paragraph (c) of this Article V, provided, however, that if the employers not member s of Applicant do not exercise the right to nominate one person, the vote at the meeting shall be on the seven persons nominated by the Executive Committee of Applicant. The five persons receiving the greatest number of votes at such election shall constitute the permanent Code Authority together with the Administrator's appointee (if any) as referred to in paragraph (a) (1) of this Article V.

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8 (b) Any employer in this Subdivision shall be eligible for mem bership in Water Meter Institute. (c) Any employer in this Subdivision shall be entitled to vote at the election of, and share in the benefits of). the Code Authority, and may participate in any endeavors of the vode Authority in the preparation of any revision of, or additions or supplements to, this Supplemental Code. Each such employer shall pay his proper pro rata share of the reasonable cost of creating and administering_this Supplemental Code as determined by the Code Authority. Each such employer shall have one vote. (d) Employers in this Subdivision having a common interest and common problems, may be grouped by the Code Authority for administrative purposes. There shall be a group Code Authority approved or appointed by Code Authority for each such group. (e) If formal complaint is made to Code Authority, that provisions of this Supplemental Code have been violated by any em ployer, the Code Authority or the proper Group Code Authority, may, to the extent permitted by the Act, cause such investigation or audit to be made as may be deemed necessary. If such investigation is made by Group Code Authority, it shall report the result-s of such investigation or audit to Code Authority for action. (f) Code Authority may exercise its functions through such or committees as it may select, to operate under its super VlSIOn. ARTicLE VI-AccouNTING The Code Authority shall cause to be formulated an accounting system and methods of cost finding and/or estimating capable of use by all members of the Subdivision. A:fter such system and methods have been formulated, full details concerning them shall be made available to all members. Therea:fter all members shall determine and/or estimate costs in accordance with the principles of such methods. ARTICLE VII-PRICE LISTS (a) If and when the Subdivision Code Authority dete rmines that in any group of the Subdivision it has been the generally recognized practice to sell a specified product on the basis of net price lists, or price list-s with discount sheets, and fixed terms of sale and payment, each manufacturer of such product shall, within ten (10) days after notice of such determination, file with Code Authonty a net price list, or a price list with discount sheet, as the case may be, indi ... vidually prepared by him showing his current prices or prices and discounts, and ter ms of sale and payment2 and the Code Authority shall immediately publish and send cop1es thereof to all known manufacturers of such specified products. Revised price lists and/or discount sheets and/or terms of sale and payment may be filed from time to time thereafter with the Code Authority by any manufacturer of such product, to become operative upon the date specified therein, but such revised price lists

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9 and/or discount sheets and/or terms of sale and payment shall be filed with the Code Authority ten (10) days in advance of the operative date. The Code Authority or Group Code Authority may establish a shorter period at any time provided no revisions then waiting operative date shall be affected thereby. Copies thereof, with notice of the operative date specified, shall be immediately published and sent to all known manufacturers of such product, any of whom may file, if he so desires , revisions of his price lists and/or discount sheets and/or terms of sale and payment to meet the prices andjor discounts and/or terms of sale and payment first filed, whi c h shall become effective upon the date when the revised price list and/or discount sheet and/or terms of sale and payment first filed shall go into effect.1 (b) If and when the Code Authority shall determine that in any group of the Subdivision not now selling its product on the basis of price lists, with or without discount sheets, with fixed terms of sale and payment, the distribution or marketing conditions in the group are the same as, or similar to, the distribution or marketing conditions in a group where the use of price lists, with or without discount sheets, and fixed terms of sale and payment is well recog nized, and that a system of selling on net price lists or price lists and discount sheets with fixed terms of sale and payment sh ould be put into effect in such group, then each manufacturer of the product or products of such group shall within twenty (20) days afte r notice of such determination, file with the Code Authority n e t price lists or price lists and discount sheets, with fixed terms of sale and payment, showing his prices and discounts and terms of sale and payment, and such price lists and/or discount sheets and/or terms o:f sale and payment shall be published and may b e thereafter revised in the manner hereinbefore provided. Provided that Code Authority shall make no determination tq place any product of the Subdivision (not now on a price list basis) on a price list basis, as provided in this paragraph (b) of Article VII unless affirmative consent to such determination is given by a 75% vote of employers cooperating in this Code who are at that time engaged in manufacturing such product. The eligibility requirements, method and effect of such voting shall be the same as is provided by Article V. (c) No e . m ployer shall sell directly or indirectly by any means whatsoever, any product of the Subdivision c overed by provisions of this Article VII at a price low e r or at discounts greater, or on more favorable t erms of sale and payment, than those provided in his own current net price lists, or price lists and dis count sheets, and terms of sale and payment which have been filed with Code Authority and which have becom e effective. ARTICLE VIII-TRADE PRAGTICES Each of t h e following acts and practices is deem ed to be inimical to the best intereSts of the Industry, and of the public, and each is, therefore, hereby declared to be, and to constitute, an unfair method of competition, viz: 1 See paragraph 2 of order approving this Code.

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10 (a) The secret payment of any rebate, credit, subsidy, or dis count, in money or otherwise, with intent to influence any sale. (b) The payment, or promise to pay, to any agent, fiduciary, or representative, any money or valuable thing, with or without the knowledge of his principal, for the purpose of improperly influencing any sale to his principal, provided that this paragraph shall not be construed to prohibit free and general distribution of articles commonly u sed for advertising except so far as such articles are s.dually used for con1mercial bribery as hereinabove defined. (c) Untruthfully advertising, representing, or marking any prod uct with intent to deceive or mislead. (d) The publishing or circularizing of any threat of suit for infringement of patent or trade-mark, or of any other legal pro ceedings, not in good faith, which would tend to harass a competi tor or intimidate his customers. ARTICLE IX-SALES FOR ExPORT The provisions of this Supplemental Code concerning pricing and marketing shall not apply to direct export sales of any product. A similar exemption may be granted by the Code Authority as to sales of any product destined ultimately for export. Unless other wise determined by the Code Authority the term "export " shall include all shipments to all places without the several states of the United and the of Colum?ia; provided1 however, that no shipment to any terntory or possesswn of the United States shall be considered an export when any employer is engaged in the Subdivision in such territory or possession. ARTICLE X-MODIFICATIONS (a) As provided by Section 10 (b) of the Act, the President may :from time to time cancel or modify any order, approval, license, rule or regulation issued under Title I of the Act. (b) Any amendments, additions, revisions, or supplements of this Supplemental Code, proposed by Code Authority, and ap proved by 75% of the employers shall be in full force and effect upon approval by the Administrator. The eligibility requirements, method , and effect of such voting shall be the same as provided by Article V. ARTICLE XI-WITHDRAWAL As is provided by Article IX of the Code, upon 30 days' notice to Basic Code Authority and to the Administrator, this Subdivision may, upon the affirmative vote of not less than two-thirds of the employers within this Subdivis ion, withdraw from the jurisdiction of Basic Code Authority. After and in event such withdrawal is accomplished, this Supplemental Code, together with the provisions of the Code, except such portions of Articles I, II, VI and VII as are not pertinent thereto as determined by the Code Authority and the Administrator shall become and be the Code governing this Subdivision, and the Code Authority shall for this Subdivision

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11 become and be the only Code Authority, and shall perform all the functions with respect thereto. ARTICLE XII-1\tioNOPOLIES Applicant imposes and shall impose no inequitable restrictions on membership therein. The Supplemental Code presented by it is not designed to promote monopoly, and shall not be so construed or applied as to oppress or eliminate small enterprises or discriminate aga]nst them, and is d es igned to effectuate the policy of the Act. ARTICLE XIII-EFFECTIVE DATE This Supplemental Code shall become effective and binding on all persons engaged in the Subdivision on the eleventh day after its approval. Approved Code No. 347-S.upplement No. 8. Registry No. 1320'--01. 0

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UNIVERSITY OF FLORIDA Ill II /IIIII IIIII/IIIII IIIII lllllf/111 II/I IIIII/ II/IIIII II IIIII/ I 3 1262 08583 0718