Approved ode No. 17-Supplement No. 1 Registry No. 1405-02 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

c ,oDE OF FAIR COMPETITION 

FOR THE 

FUNERAL VEHICLE 

AND AMBULANCE INDUSTRY 

(A Division of the Automobile Manufacturing Industry) 

AS APPROVED ON NOVEMBER 8, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

* •• 

UNITED ST ATES 

GOVERNM•ENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication ls for sale by tbe Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

und Dome ·tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Po t Office Builclin6. 

Binningb am, Ala. : 257 Federal Building. 

Boston, Ma s. : 1 01 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chica 0 ·0, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerc . 

Dallas, Tex.: Chamber of Commerce Buildina. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston , Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Comme rce Building. 

Jack onvill e, F la .: Chamber of Co1nrn r ce Building. 

Kansas City, Mo.: 1028 Ba ltimore Aven ue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisvill . Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn.: 213 Fecle·ral Building. 

New Orlean , La.: Room 225-A, Custombou e. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plum Street. 

Philadelphia, Pa. : 933 Co,rnm r cia l Trust Building. Pittsburgh, Pa.: Ch amber of Commerce Building. 

Portl and, Oreg.: 215 New Post Offi ce Building. 

t. Loui , Mo.: 506 Olive Street. 

San Fran isco, Calif.: 310 Custombou e. 

Seattle, Wash.: 809 F ederal Building. 

(11) 
Approved Code No. 17-Supplement No. 1 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

FUNERAL VEHICLE AND AMBULANCE INDUSTRY 

As Approved on November 8, 1933 

EXECUTIVE ORDER 

APPROVI a SuPPLE1vrnNTARY CoDE OF FAIR CoMPETITION FOR THE 

FUNERAL V EHI LE AND A rBULANCE IND STRY 

A DIVI ION OF THE \ UTOMOBILE l\IANUF ACT RI G INDU TRY 

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 Supplement to the Code of Fair Competition for the Auto·nobile nlanufacturing 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 tμe Supplement, together with his recommendations and findings with re pect thereto, and the Administrator having found that the said Supplement complies in all re pects with the 

pertinent provisions of title I of said act and that the requirements 

of clau es ( 1) and (2) of sub ection (a) of section 3 of the said act 

have been met: 

OvV, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority ve ted in me by title I of 

the National Indu trial Recovery Act, approved June 16, 1933, and 

otherwise do adopt and approve the report, recommendations, and 

fin lings of the Administrator and do order that the aid supplement be and it is hereby approved. 

THE ,v HITE HousE, 

N ove1nber 8, 1933. 

Approval recommended : 

HUGHS. JOHN ON, 

Adrninistrator. 

FRA KLIN D. ROOSEVELT. 

(III) 

66308°-657-41-34 
LETTER OF TRANSMITTAL 

NOVEMBER 2, 1933. 

The PRESIDENT, 

The White House. 

Srn: The proposed supplement to the Code 0£ 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 hearing was conducted in Washington on October 16, 1933, and all persons 

requesting an appearance were publicly he.ard 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 0£ 

approximately 40%. The fair trade pra.ctices as set forth in the 

Supplement, we believe are essential 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 

Subdivision. 

A rticle I. States the purpose of the Supplement. 

Article I I. Defines accurately specific references in the Subdivision 

of the Supplement. 

Article I I I. 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 

Recovery Act. 

FINDINGS 

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 ~1anufacturers 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 eliminate 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. 

Respectfully, 

(IV) 

HUGH s. JOHNSON, 

Ad,ministlf'ator. 
UPPLEMENT RY 

THE F ER L 

DUSTRY 

ODE OF FAIR CO 1PETITION FOR 

VEHICLE AND AMBULA CE INA DIYI ION OF THE AUTOMOBILE l\IANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

Pursuant to Article X of the Code of Fair Competition for the 

Automobile ~Ianufacturing Industry, duly approved by the President on August 26, 1933, the following proYision relating to fair 

tra le practices for the Funeral Vehicle and Ambulance Subdivision 

of the utomobile :Manufacturing Industry are submitted in behalf 

of aid subdivision, and upon approval by the President shall be 

binding upon every member of said Subdivision. 

ARTICLE II-DEFINITIONS 

1. The term "Funeral Vehicles and Ambulance " and/or "Products as use l herein shall mean hearses, ambulances, combination 

hear es and ambulances, funeral service cars and specia-1 vehicles 

and/ or bodies therefor. 

2. The term Hearse " shall mean a motor veliicle 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 tran portation of materials and equipment used in the funeral 

service and burial of the dead. 

5. The term ' ubdivision" as used herein shall mean the manufacturing and a embling 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 Association having its office at Cincinnati Ohio. 

7. The term ' ~1ember of the ~ubdivision" a 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 ubdivision who signifies assent to the Code of Fair 

Competition for the utomobile 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 upplement shall have been approved by the President 

of the United States. 

(1) 
2 

ARTICLE III-ConE AUTHORITY ORGANIZATION 

Each Code Membe,r of the Subdivision shall be entitled to participate 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 "Subdivi ion Authority " under the supervision of 

the Chamber. (Such committee shall be hereinafter referred to as 

the Subdivision Authority.) Each Code Member of the Subdivision 

shall contribute his equitable and proportionate share toward defraying the expenses incurred in the administration of this Supplement. 

Such equitable and proportionate share shall be determined by the 

Subdivision Authority under the supervision of the Chamber and 

subject to the approval of the Administrator. 

ARTICLE IV-POWERS A D DUTIES 

1. (a) ,vi thin 10 days after the effective date of this Supplement 

all members of this Subdivision shall file with the Subdivision 

Authority schedule of their net prices to" Jobbers"," Distributors", 

and "Dealers." Each member of the Subdivision ,shall adhere to 

his own quoted prices o filed. If any member desires to change 

uch prices, he shall first file a revised schedule of prices with the 

"Subdivision Authority." 

(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 foregoino- schedules, complete price 

lists for extra equipment which may be offered or sold over and above 

specification equipment. 

( d) No member of the " Subdivision" shall sell or offer for sale 

any Funeral Vehicle or Ambulances at prices lower or on terms 

more .favorable than those included in hi,s own schedule filed as 

hereinabove provided. 

( e) For the purpose of this Section 1, the :following definitions 

shall apply: 

The term " Jobber " or " Distributor '' shall mean : 

( v) anyone enga1Yed in the business of selling funeral vehicles 

to the :funeral trade, who has a place o.:f business separate and 

distinct from thee, tabli hment of any Funeral Director; or 

( z) anyone engaged in the business of selling ambulances. 

The term "Dealer" shall mean anyone engaged in whole or 1n 

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 '( Sub li vision " shall ell funeral vehicles or 

ambulances at a net realized price less than the ost of such product 

to such member. Cost shall be computed on the basis o.f a uniform 
3 

formula or uniform formulre of co t accounting prescribecl Ly tll '' 

ubdivi ion Authority, and ubject to approval of the Administrator. 

Each 1\1 mb r" of the 'Subdivi ion" shall from time to time on 

r qu t or the " SubcliYi ion Authority " submit his co t omputed 

on the ba is of such formula or formulre. 

3. In addition to the information required to be submitted to the 

Code Authority as et forth in this Article there shall b 0 fnrni heel 

to o-overnment agencies such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) 

of the ational 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, commissions, credits, or unearned discounts, whether in the form of money 

or otherwise. 

(c) Maliciously inducing or attempting to induce the breach of an 

existing oral or written contract between a competitor and his customer 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 

such sale. 

( 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 therefor. 

(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 a.gents, 

employees, or representatives of com.petitors' customers or prospective customers, without the lmowledge of their employers or principals, 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 

competitors. 

(g) The false marking or pricing of any .kind of products of the 

" Subdivision" in order to mislead or deceive customers or prospective customers. 

(h) The making or causing or knowingly permitting to be made 

or published of any false or deceptive statement by way of advertisement or otherwise, having the tendency to mislead or deceive 

customer or prospective customers. · 

( i) Imitation of competitors' trade-marks. 

(j) False di I aragement of comp titors or their products. 

(k) The malicious indu ino· of employees away from competitor . . 2. Nothing in this Suppl ment shall limit the effect of any adj udication by the Courts or holding by the Federal Trade Commi ion on 
UNIVERSITY OF FLORIDA 

4 II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 

3 1262 08584 3505 

complaint, finding, and order that any practice or method is unfair, 

provided that such adjudication or holding is not incon i tent with 

any provision of this Supplement or with the National Recovery 

Act. 

ARTICLE VI-GENERAL 

1. No provision of this Supplement shall be interpr ted or applied 

in such manner as to 

(a) permit monopolies or monopolistic practices. 

( b) eliminate or oppress small enterprises or discriminate against 

small enterprises. 2. No inequitable restrictions upon membership in the Association 

shall at any time be imposed. 

3. This Supplement is hereby mu.de expressly subject to the right 

of the President pursuant to Section 10 (b) of the National Industrial 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 President 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 ri_ght to object individually or jointly to any such modifications. 

5. Such provisions of this Suppl ment 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. 

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