Approved Code No. 232 Registry No. 1715-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MERCHANDISE 

WAREHOUSING TRADE 

AS APPROVED 0~ JANUARY 27, 1934 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

( 

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

V 
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. 

13uffalo, 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, lna.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Bui:ding. · l\1emphis, '.renn. : 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. 

Philartelphia, Pa. : 422 Commercial Trust Buil<linge 

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. 232 

CODE OF FAIR COMPETITION 

FOR THE 

MERCHANDISE WAREHOUSING TRADE 

As Approved on January 27, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

MERCHANDISE WAREHOUSING TRADE 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, appro-\'ed June 16, 1933, £or approval of a Code of 

Fair Competition £or the Merchandise Warehousing Trade, and 

hearings having been duly held thereon and the annexed report on 

said 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 £or 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 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 Code of Fair 

Competition be and it is hereby approved; provided, however, that 

the continued participation of the Merchandise Division of the 

American vVarehousemen's Association shall be contingent upon the 

amendment of the constitution and bylaws of such association to the 

satisfaction of the Administrator on or before February 15, 1934. 

HuaH S. JOHNSON, 

Adm.inistrator for Industrial R ecove1·y. 

Approval recommended: 

A. D. WHITESIDE, 

Division Acl1ninisfrator. ,v AsHrKoToN, D.c., 

January B7, 1934. 

36420°-313-144--34 ( 495) 
The PRESIDENT, 

The White House. 

Srn: This is a report of the Hearing on the Code of Fair Competition for the Merchandising Warehousing Industry, conducted in the 

Willard Hotel, on October 27th, 1933. The Code which is attached 

was presented by duly qualified and authorized representatives of the 

Industry, complying with the statutory requirements, said to represent 

80 percent of the space available for merchandise warehousing 

purposes. 

THE INDUSTRY 

The number of firms in this business aggregate 1,420. These 

firms utilize approximately 45,000 000 square feet out of a capacity 

of 75,000,000 square feet. Approximately 30,000 employees are 

affected by this Code. 

It is estimated that employment of warehouse labor will be 

increased 14 percent by the establishment of the uniform 45 maximum hour week proposed by the Code. It is stated that the increase 

in weekly pay rolls under the proposed minimum wage will be 7 

percent. · 

PROVISIONS OF THE CODE 

The Code provides for a basic work week of 45 hours. The Code 

proposes wage rates with differentials established on the basis of 

size of city and region. The proposed minimum hourly wage rates 

vary from 27.5 to 40 cents. The minimum weekly wage rates proposed for clerical employees range from $13.00 to $15.00. 

Under Article IV, Administration the Code provides for a Code 

Authority of 12 members from the Trade and, at the discretion of 

the Administrator, three additional members from the government. 

The Trade Practice Section of this Code is for the most part a 

codification of rules and regulations which have been well established 

by the association serving this Trade. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Reco, ery Act including 

removal of ob tructions 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 organization of indu try for 

the purpose of cooperative action among the trade group by inducing and maintaining united action of labor and management under 

(496) 
497 

adequate Governmental sanctions and supervision, 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 im.proving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than 50,000 employees; and is not classified by me as a major Industry. 

( c) The 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 a trade association truly representative of the aforesaid 

Trade; and that said association imposes no inequitable restrictions 

on admission to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( e) The 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 

Code. For these reasons, the Code has been approved. 

Respectfully, 

JANUARY 27, 1934. 

HUGH S. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

MERCHANDISE WAREHOUSING TRADE 

ARTICLE I-PuRPOSES 

To effectuate the policies of Title I of the National Industrial 

RecoYery Act, the following provisions are established as a Code of 

Fair Competition for the Merchandise "\Varehousing Trade, and 

shall be the standard of Fair Competition for such trade, and shall 

be binding upon every member thereof. 

ARTICLE II 

The term '1\ferchandi e \Varehousing Trade" or "Trade", as 

used herein, includes the furnishing, for a con ideration, of warehousing services for goods, wares and/ or n1erchandise, except: 

(a) Grain in bulk (grain elevators) . 

(b) Used household goods and/or used personal effects (household good warehou es, parcel rooms: and safe deposit vaults) . ( c) U secl ,·ehicles ( public garages) . . 

( d) Such good , "'·a.res, and/or merchandise as require for their 

pre en ation artificial refrigeration below 45 degrees Fahrenheit 

( cold-storage warehou e) . 

( e) Warehousing services performed by those who are engaged in 

warehousing only agricultural commodities that are grown in their 

immediate area. 

( f) Such warehousing services as may be required by the Interstate Commerce Act to be furnished by common carriers. The term 'employee as used herein includes anyone engaged in 

the 1\1erchandise \Varehousing Trade in any capacity receiving com- pensation for his services irrespective of the nature dr method of 

payment of such compen ation. 

The terms" employer",' warehouseman" or" merchandise warehouseman', as used herein include anyone by whom any such employee is compensated or employed. 

The term " member of the Trade " includes anyone engaged in the 

Merchandi e Warehousing Trade as above defined, either as an employer or on his own behalf. 

The term" Code Authority" as used herein means the Merchandise 

Warehousing Trade Code Authority as provided for in Article VI 

of this Code. 

(498) 
499 

The terms "President" "Act" and "Administrator" as used 

herein shall mean respectively ' the ' President of the United States, 

the National Industrial Recovery Act, and the Administrator of said 

Act. 

Population for the purpo es of this Code shall be determined by 

reference to the 1930 Federal Census. 

ARTICLE III-HouRs 

SECTION 1. No employee shall be permitted to work in excess of 

forty-five (45) hours in any one week or eight (8) hours in any 

twenty-four (24) hour period, except as otherwise provided in this 

Article. 

SEc. 2. The maximum hours fixed in the foregoing section shall 

not apply to: (a) Any employee in a managerial or executive capacity who receiYes more than thirty-five dollars ($35.00) per week; 

(b) any employee on emergency work, but in any such special case 

one and one half (11⁄2) times his hourly rate shall be paid for each 

hour worked in excess of eight (8) hours per day or forty-five (45) 

hours per week; ( c) watchmen, who shall not be permitted to work 

in excess of fifty-four (54) hours in any one week or more than six 

( 6) clays in any consecutive seven (7) days. 

ARTICLE IV-"'\V AGES 

SECTION 1. (a) No warehouse labor shall be paid at less t~an the 

follm,ving hourly rates, regardless of whether an employee 1s compensated on a time rate, piecework or other basis: 

R egions (as estab lished in Article VI) 

In regions In all other 

3 and 7 regions 

In cities of more than 500,000 population ___ _____________________________________ _ In cities of 50,000 to 500,000 population ___ _____________________________ __________ _ In cities of less than 50,000 population __________________________________________ _ 

$0.325 

.30 

. 275 

$0.40 

. 375 

. 35 

(b) No office or clerical employee shall be paid at less than the 

following weekly rates except office boys (16 to 18 years of age) who 

may be compensated at not less than 80% of that amount, provided 

that the total number of those so compensated shall not exceed 10% 

of the total number of office employees, with a minimum of one: 

In cities of more than 500.000 population ________ __________ $15. 00 

In cities from 50,000 to 500,000 population_______________ H. 50 

In cities of less than 50,000 population___________________ 13. 50 

( c) No office or clerical employee engaged on other than a weekly 

~r longer employment basis shall be paid at less than forty ( 40) cents 

per hour in any of the Regions established in Article VI. 

(d) No employee whose full-time weekly hour , as of July 1, 

1933, are r educed, by reason of the provi ions of Article III of this 

Code, by less than twenty percent (20 % ) shall ha Ye his full-time 

weekly earnings, as of July 1, 1933, reduced. No employee whose 
500 

full-time weekly hours, as of July 1, 1933, are reduced, by rea on of 

the provisions of Article III of this Code, in exces of twenty percent (20%) shall have his said earnings as of July 1, 1933, reduced 

by mor than fifty percent ( 50%) of the amount calculated by multiplying the reduction in hours by the Code hourly rate. 

SEc. 2. Each member of the Trade shall, within thirty (30) days 

after the effective date of this Code, effect an equitable adjustment of 

all wages above the minimum herein prescribeJ. 

ARTICLE V-GENERAL LABOR PnonsION s 

SECTION 1. Each member of the Trade shall comply with the 

following requirements of the National Industrial Recovery Act: 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of em players of 

labor, or their agents, in the designation of such representatives 

or in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employm-ent shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

SEc. 2. No employer shall employ any person under sixteen (16) 

years of age. 

SEc. 3. Within each State this Code shall not supersede any laws 

of such State imposing more stringent requirements on employers 

regulating the age of employees, wages, hours of work, or health, 

fire, or general working conditions than under this Code. 

SEc. 4. Employers shall not reclassify employees or duties of 

occupations performed by employees so as to defeat the purposes of 

the Act. 

SEC. 5. Each employer shall post in conspicuous places full copies 

of this Code. 

ARTICLE VI-ADMINISTRATION 

To further effectuate the po1icies of the Act, a lVIerchandise Warehousing Trade Code Authority is hereby constituted to cooperate 

with the Administrator in the administration of this Code. 

SECTION 1. Organization and Constitution of Code Authority. 

(a) The Code Authority shall consist of twelve (12) individuals 

from the Trade, ten (10) of whom shall be elected by members of 

the Trade and two of whom shall be the President and Vice President of the American ,v arehouseman's Association, Merchandise 

Division, or such other number as may be approved from time to 

time by the Administrator, to be elected as hereinafter provided, 

and of such additional members without vote, not to exceed three 

(3), as the Administrator, in his discretion, may appoint to represent 

such groups or governmental agencies as he may designate. 
501 

The Executive Committee of the American Warehousemans Association, Merchandise Division, shall arrange for the nomination 

and election of the Trade members of the Code Authority to be 

completed not later than sixty (60) days after the effective date of 

this code. Due and timely notice of such election shall be given to 

all members of the Trade who have complied with the terms of 

Section 3 of this Article. Each such member of the Trade shall be 

entitled to one vote in person or by proxy in the nomination and 

election of the member of the Code Authority for his region. Nominations and election for each region shall be made in open meeting 

by plurality vote of the members of the Trade from the region.1 

(b) The regions from which the ten (10) members of the Trade 

shall be elected are hereby established as follows : 

Region No. 1.- :Maine, New Hampshire, Vermont, nfassachusetts, 

Connecticut, and Rhode Island. Region No. B.- New York, Pennsylvania, New Jersey, Dela,Yare, 

Maryland, and District of Columbia. 

Region No. 3.- Virginia, North Carolina, South Carolina, Georgia, 

Florida, Alabama, Mississippi, Tennessee, Kentucky, and ,vest 

Virginia. 

Region No. 4.-Ohio, Indiana, Illinois, ,viscorn;jn ( excluding 

Superior), and Michigan. 

Region No. 5.- Minnesota; Superior, vVisconsin · North Dakota; 

South Dakota; and Montana. 

Region No. 6.-JVIissouri, I owa, Nebraska, and Kansas. 

Region No. 7.- Texas, Louisiana, Arkansas, Oklahoma, an<l New 

Mexico. 

Region No. 8.-Colorado, Utah, and ,vyoming. 

Region No. 9.- vVashington, Oregon, and Idaho. 

Region No. 10.- California, Nevada, and Arizona. 

The Chairman shall represent the territorial possessions of the 

United States. 

( c) The P resident and Vice-President of the American ,v arehousemen's Association, Merchandise Division, shall be Chairman and 

Vice-Chairman respectively of the Code Authority. Pending election 

of the other members of the Code Authority as provided for in ( a) 

of this Section, the President of the American ,v arehousemen's 

Association, Merchandise Division, shall appoint the other ten men1-

bers of the Authority, with the approval of the majority of the 

members of the Executive Committee of the American ,v arehousemen's Association, Merchandise Division, and with due regard for 

rep~esentation of Warehousemen's Associations in each respective 

reg10n. 

The ten (10) members appointed from the Trade shall serYe for not 

more than sixty (60) clays from the effective date of this Code. The 

elected members shall serve for a period of one year. Election of 

such members shall be held annuallv. 

(cl) Each Trade association directly or indirectly participating 

in the selection or activities of the Code Authority shall: 

1. I mpose no inequitable restrictions on membership: and 

1 See paragraph 2 of order approving thi · Code. 

36420°-313-144-34-2 
502 

2. Submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made thereto, 

together 'with such other information as to membership, organiza- tion, and activities as the Administrator may deem necessary to 

effectuate the purposes of the Act. 

(e) In order that the Code Authority shall at all times be truly 

representative of the Trade and in other respects comply with the 

provisions of the Act, the Administrator may provide such hearings 

as he may deem proper· and thereafter if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, he may require an appropriate modification in the method of selection of the Code Authority. 

(f) The Chairman, Vice Chainnan, and Secretary of the Code 

Authority . ·hall constitute the Administrative Committee which 

shall exercise such authority and perform such duties as may be 

delegated to it by the Code Authority. 

(g) The Trea urer of the American Warehousemen's Association, 

l\1erchanclise Di vi ion, shall serve as the Tr€asurer of the Code 

Authority. 

(h) The Executive Secretary of the American Warehousemen's 

Association, Merchandise Division, shall serve as the Secretary of 

the Code Authority. 

SEc. 2. (a) The Code Authority shall have the follo"ing duties 

and powers to the extent permitted by the Act: to make such rules 

and regulations; procure such reports and other information; appoint such comm.ittees; and employ or designate such agents and 

delegate to them such duties and authority, as may be necessary. 

(b) If the Administrator shall determine that any action of a 

code authority or any agency thereof is unfair or unjust or contrary 

to the public interest, the Administrator may require that such action 

be suspended for a period of not to exceed thirty days to afford an 

opportunity for investigation of the merits of such action and further 

consideration by such code authority or agency pending final action, 

which shall be taken only upon approval by the Administrator. 

(c) Nothing contained in this Code shall constitute the memberp 

of the Code Authority partners for any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone for 

any act of any other member, officer, agent, or employee of the Code 

Authority. Nor shall any member of the Code Authority exercising reasonable diligence in the conduct of his duties hereunder, be 

liable to anyone for any a tion or omission to act under this Code, 

except for his 011n willful misfeasance or nonfeasance. 

SEC. 3. l\1embers of the Trade shall be entitled to participate in 

and hare the benefit.· of the activities of the Code Authority and 

to participate in the selection of the members th 0 reof by assenting to 

and complying with the requirements of this Code and . ustaining 

their reasonable hare of the expenses of it formulation and administration. The Code Authority shall establish, asses and collect from 

each subscriber to this Code an initial annual fee which shall become 

applicable and clue npon the effective date of this Code, as follows : 

$24.00. pln · $12.00 for each 10,000 c:qua re feet or fraction thereof, 

deYoted to the conduct of the merchandise warehousing business as 
503 

defined in Article II, subject to a maximum annual fee of $264.00 

for any one merchandi e warehouseman. 

Due and timely notice shall be sent to eYery member of the Trade 

whose name can be ascertained after diligent search that the requirements of this ection must be complied with before such member will 

be entitled to a vote in the nomination and elertion of hi. Trade 

member of the Code Authority. 

Adjustments in the amount of fees may be made from time to 

time by the Code Authority, subject to review by the Administrator, 

on the basis of capacity, volume of business, and/ or such other factors 

as may be equitable to be taken into consideration. 

ARTICLE VII-CERTIFICATE OF PARTICIPATIOX 

SECTION 1. Upon payment of the fee prescribed in Article VI, 

Section 3, each member of the Trade, shall receiYe from the Code 

Authority a Certificate of Participation serially numbered, showing 

that he is a subscriber to this Code. 

SEc. 2. Commencing thirty (30) days after the effective date of 

this Code, every warehouse receipt issued by each member of the 

Trade shall bear a notation showing his certificate number and 

reading: 'Subscribed to Merchandi e ,varehousing Trade Code. 

Certificate No. -." 

SEc. 3. To further the purposes of Title I of the Act, each member of the Trade may otherwise di play similar evidence of his participation in this Code. 

ARTICLE VIII-STANDARDIZATION OF ,v AREH0USING TRADE PRACTICES 

Each member of the Trade shall post in a conspicuous place, acce sible to view, the following section: 

SECTION 1. The following, the Standard Contract Terms and Conditions, are hereby made a part of this Code of Fair Competition: 

"As adopted by unanimous vote by representatives of the shippers, 

bankers, railway men, and warehousemen at a general conference, 

April 30, 1926, at the Department of Commerce, Washington, D.C., 

and indorsed October 30, 1926, by the Department of Commerce. SECTION 1. T ender· f01· Storage.-(a) All goods for storage shall 

be delivered at the warehouse properly marked and packed for 

handling. The· storer shall :furnish, at or prior to such delivery, a 

manifest showing marks, brands, or sizes to be kept and accounted 

for separately, and the class of storage desired; otherwise the goods 

may be stored in bulk or assorted lots, in freezer, cooler, or general 

storage, at the di cretion of the warehousemen, and will be charged 

for accordingly. 

(b) The word " lot " as u ed herein means the unit or units of 

goods for which a separate account is_ to be kept by the warehouseman. Delivery of all or any units of a lot shall be made without 

sub equent sorting except by pecial arrangement and subject to a 

charge. 

( c) The warehou eman undertake to -tore an l deliver goods only 

in the package in which they are originally received. 
504 

SEc. 2. Storage p·eriod.-(a) All goods are stored on a month-tomonth basis, unless otherwise provided. A storage m?nth s~1all extend from a date in one calendar month to, but not 1ncludmg, the 

same date of the next and all succeeding calendar months, but if 

there be no correspon<ling date in the next succeeding calendar 

month, it shall extend to and include the last day of that month. 

"'Vhen the last day of a final storage month falls on Sunday or a 

legal holiday, the storage month shall be deemed to expire on the 

next succeeding business day. 

(b) Except where other procedure is provided by the warehouse 

receipts act, the warehouseman may, upon written notice to the 

storer of record and to any other person known by the warehouseman to claim an interest in the goods, require the removal of any 

goods by the end of the next succeeding month. Such notice shall 

be given by delivery in person or by registered letter addressed to 

the last known place of business or a.bode of the person to be notified. 

SEc. 3. Insurance, Storage Rates, Ewpiratio-n, and Transfe1·s.-

(a) All charges for storage are on a month-to-month basis unless 

otherwise provided. Charges for any particular lot shall begin at 

the receipt of the first unit of that particular lot in store ancl shall 

continue and include the storaae month during which the last unit 

of the particular lot is delivered. Charges shall be made on the basis 

of the maximum number of units in any particular lot in store during 

a storage month. All charges for storage are due on the first day 

of a storage month, and all other charges are due when incurred. 

(b) Instructions to transfer goods on the books of the warehouseman are not effective until delivered to and :;iccepted by him, and all 

ch:!.rges up to the time transfer is made are chargeable to the storer 

of record. If a transfer involves rehandling the goods, it will be 

subject to a charge. . ( c) The warehouseman reserves the right to move, at his own expense of transfer, and upon notice sent by registered mail to the 

storer of record and to the last known holder of the negotiable warehouse receipt, any goods in storage from any room of the warehouse 

in which they may be stored to any other of his rooms or warehouses, 

but if such storer or holder takes delivery of his goods in lieu of 

transfer, no storage charges shall be made for the current storage 

month. 

(d) When rates are quoted by weight, they will, unless otherwise 

specified, be computed on gross weight, and 2,000 pounds shall constitute a ton. 

( e) Goods are not insured nor do storage rates include insurance 

unless so specified in writing. (Adopted with the understanding 

that in any State requiring insurance by statute the words " or required by statute ' would be considered a part of the standard terms 

and conditions.) 

SEC. 4. Hand ling.-( a) Handling charges cover the ordinary labor 

and duties incidental to receiving goods at warehouse door, storing 

and delivering to warehouse door, but do not include unloading or 

loading of cars, vehicles, or vessels, unless so specified. Handling 

charges will be billed with the storage for the first month. 
505 

(b) Goods, at the request of a storer, received or delivered during 

other than u ual business hours will be subject to an additional 

charge. 

SEc. 5. Oar Loading and Unloading.-(a) Charges for unloading 

or loading of cars include use of switch track, labor required to or 

from warehouse door, and billing of car. 

(b) Dunnage and fastenings supplied by the warehouseman and 

used in loading out cars are chargeable to the storer. 

( c) Any additional costs incurred by the warehouseman in unloading cars containing damaged goods are chargeable to the storer. 

( d) The warehouseman, unless he has failed to exercise due care 

and diligence, shall not be responsible for demurrage, nor for delays 

in unloading inbound cars, nor for delays in obtaining cars for 

outbound shipments. 

SEc. 6. Detive1~ R eqmrenients.-(a) No goods shall be delivered 

or transferred except upon receipt by the warehouseman of complete 

instructions properly signed by the storer. 

(b) When a negotiable receipt has been issued, no goods covered 

by that receipt shall be delivered or transferred on the books of the 

warehouseman unless the receipt, properly indorsed, is surrendered 

for cancellation or for indorsement of partial delivery thereon. 

( c) 1Vhen goods are ordered out, a reasonable time shall be given 

the warehouseman to carry out instructions; and if he is unable, due 

to causes beyond his control, to effect delivery before expiring 

storage dates, the goods will be subject to charges for another storage 

month; except when the warehouseman has given notice in accordance 

with the provisions of section 2 (b), or because of fire, acts of God, 

war, public enemies, seizure under legal process, strikes or lockouts, 

riots and civil commotions, if he is unable, due to causes beyond 

his control, to effect delivery before the expiring storage date, the 

goods shall be subject to storage charges only for that part of the 

month during which the goods remain in store. 

SEc. 7. Bonded Stores.-A charge in addition to regular rates 

will be made for merchandise in bond. 

SEc. 8. Minimum, Oharges.-A minimum charge will be assessed 

for storage, handling, and other services. 

SEc. 9. E x fra Se1·vice (a) Extra services in the interest of the 

storer, such as special warehouse space, material, drayage, repairing, 

coopering, sampling, weighing, repiling, inspection, physical warehouse checking, compiling stock statements, collections, revenue 

stamps, reporting marked weights or numbers, handling railroad 

expense bills, etc., are chargeable to the storer. 

(b) Stock statements submitted in duplicate by the storer will 

be checked with the books of the warehouseman without charge. 

( c) Shipping includes marking, tagging, billing, procuring, and 

forwarding bills of lading, and is chargeable to the storer. 

( d) Freight and other di bursement made on behalf of the storer 

are due and payable on demand and subject to interest from date 

billed by the warehouseman. 

( e) Storers, including holders of negotiable receipts, may subject 

to insurance regulations and reasonable limitations, ha vc access to 

their goods in store when accompanied by a warehouse employee 

whose time is chargeable to the storer. 
506 

SEC. 10. Liability.-(a) The responsibility of a warehouseman, in 

the absence of written provisions, is the reasonable care and diligence 

.required by law. 

(b) Perishable goods, or goods which are susceptible to damage 

through temperature changes or other causes incident to general storage, are accepted in general storage only at owner's risk for such 

damages as might result from general storage conditions. ' 

SEc. 11. Schedule of Oha1·ges.-Whenever provision is made in 

these standard contract terms and conditions for a charge or charges 

by the warehouseman, such charge or charges will conform to the 

warehousemen's tariff in effect at the time the charge accrues or the 

service is performed, except that no increase in charges within the 

direct control of the warehouseman will be made on goods that are 

in storage without a 30-day notice mailed to the storer of record or 

the last-known holder of a negotiable warehou e receipt. 

SEo. 12. (a) The Standard Contract Terms and Conditions designate each of the following as a separate and distinct warehousing 

service: 

Handling 

Storage 

Providing special warehouse space 

Supplying material 

Repairing or coopering 

Sampling 

vVeighing 

Repiling 

Inspection 

Special physical warehouse checking 

Compiling special stock statements 

Making collections of money in behalf of customer 

Furnishing revenue stamps 

Reporting marked weights or numbers 

Payment of freight charges in behalf of customer 

Shipping 

(b) Other separate and distinct warehousing services are: 

Drayage 

Distribution of " pool " cars 

Providing office space 

Providing office service; special telephone service, inv01c1ng 

for customers, etc. 

Providing extra labor 

( c) Not to name an adequate and separate rate or charge for 

each of the services listed in subsection (a) of this Section 12 when 

makino- quotation , or not assess an adequate rate or charge (whether 

or not there is an existing rate or charge) for each of the services 

listed in subsections (a) and (b) of this Section 12 when performed, 

shall be deemed a violation of this code. 

Such adequate rate or charge shall not be less than the lowest 

r easonable cost of the most efficient and lowest cost operator in 

the locality for the type of service for which the rate or charge is 

operative. Such reasonable cost shall comprehend fair and reasonable rates of pay to labor and include all other items of expense and 

overhead as determined by cost-accounting methods recognized in 
507 

the Trade and approved by the Code Authority, subject to the 

approval of the Administrator. Such reasonable cost may be approved or modified in conformity with the meaning of this Section 

by the Code Authority after due notice to and hearing for the 

members of the Trade in the locality, subject to review and modification by the Administrator. 

ARTICLE IX-TARIFFS 

,vithin thirty (30) days after the effective date of this Code, 

each member of the Trade shall publish, post in a conspicuous place 

open to public inspection, and file with the Code Authority a tariff 

containing all rates, charges, terms and conditions covering his 

warehousing familities and services, which rates, charges, terms, 

or conditions shall not be changed except upon the publication, posting, and filing of a new or supplemental tariff, to become effective ten 

(10) days thereafter. 

ARTICLE X-INFORMATION AND REPORTS 

SECTION 1. Each member of Trade shall keep his records and 

books of account in such form as to facilitate furnishing the inf ormation that the Code Authority may require, subject to the approval of 

the Administrator. 

SEc. 2. In addition to the information required to be submitted 

to the Code Authority, there shall be furnished to government 

agencies such statistical information as the Administrator may deem 

necessary for the purposes recited in Section 3 (a) of the Act. 

SEc. 8. Information determined by the Code Authority to be of a 

confidential nature shall be strictly treated as such by any member 

of the Code Authority to whose attention such information may come. 

ARTICLE XI-U NF AlR TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for members of the Trade and are prohibited : 

1. To describe the merchandise warehousing business, the method 

used, facilities furnished or services rendered, or to quote rates or 

charges, or to state terms or conditions, in a manner that is misrepresentative or that has a tendency or capacity to deceive customers or prospective customers as the true character thereof in any 

particular. 

2. To offer or make confidential or secret rates, charges, terms, 

or conditions, or to off er or make in any manner or by any device 

whatever, more advantageous rates, charges, terms, or conditions, 

to certain favored customers or prospective customers than are offered 

or made to all customers or prospective customers. 

3. To defame competitors by falsely imputing to them dishonorable 

conduct, inability to perform contracts, questionable credit standing, 

or by other false representations or by the false disparagement of 

the grade or quality of their service. 

4. To subsidize directly or indirectly, or off er to subsidize, customers, or prospective customers, or those representing them, by 
508 

contributions or subsidies of money, services, or other gratuities 

or thin~s of value in the form of rebates, special concessions, payment or claims for loss or damage known to be fraudulent, or in any 

form, for the purpose or with the effect of inducing them to patronize 

or deal, or contract to patronize or deal, with the donor or of causing 

them to refrain from patronizing or dealing, or contracting to 

patronize or deal, with the donor's competitors. 

5. To issue or aid in issuing a warehouse receipt when the products 

for which such receipt is issued have not been actually receiYed by. 

or are not under the actual control of, the one issuing such receipt 

at the time of the issuance thereof. 

6. To issue or aid in issuing a negotiable warehouse receipt for 

stored product;:; of which the one issuing such receipt is owner, either 

solely or jointly or in common with others, without stating in said 

r eceipt the fact of such ownership. 

7. To deliver part or all of any lot of stored products for which 

a negotiable warehouse receipt, the negotiation of which would 

transfer the right to the possession of such products, has been issued 

and is outstanding and uncanceled, without obtaining the possession 

of such receipt, or taking up and canceling the same, or placing a 

statement plainly upon it of what products have been delivered, 

at or before the time of the delivery of such products, except where 

delivery thereof is made pursuant to an order of a court of competent jurisdiction or in compliance with a sale made to satisfy a lien 

thereon. 

8. To issue fraudulently or aid in fraudulently issuing a warehouse receipt for stored products which contains any false statement. 

9. To quote or charge a rate that is a departure from his tariff 

as provided in Article IX. 

10. To use any subterfuge to evade any provisions of this Code, 

such as (but without limitation) renting or offering to rent warehouse space under such terms or conditions as would defeat the purposes of this Code. 

Nothing in this Code shall limit the effect of any adjudication by 

the Courts or holding by the Federal Trade Commission on complaint, finding, and order, that any practice or method is unfair, 

providing that such adjudication or holding is not inconsistent with 

any provisions of the Act or of this Code. 

ARTICLE XII-MODIFICATION OF THIS CODE 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provision of 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 said Act, and 

specifically, but without limitation, to the right of the President to 

cancel or modify his approval of this Code or any conditions impo.·ed by him upon his approval thereof. 

SEc. 2. It is conte1nplated that certain specialized branches of 

the Trade, by reason of their peculiar characteristics, may require 

separate subdivisions of this Code, or subsidiary codes, and that 
509 

such subdivisions or subsidiary codes not inconsistent with the general provisions and intent of this Code may, with the approval of the 

Code Authority and of the Administrator, be made a part of this 

Code. 

SE . 3. This Code, except as to provisions required by the Act, 

1nay be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Adn1inistrator and such notice and hearing as he shall specify, and to 

become effective on approYal of the Administrator. 

ARTICLE XIII-1\IoNoPoLrns 

No provision of this Code shall be so applied as to permit monopolies or monopoli tic practices, or to eliminate, oppres or di criminate against small enterprises, or to permit or encourage unfair 

competition. 

ARTICLE XIY-EFFECTIVE DA TE 

This Code shall become effective on the fourteenth day after its 

approval by the President. 

• 

Approved Code No. 232. 

Registry No. 1715-01. 

0 
• 

UNIVERSITY OF FLORIDA 

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