*Ree:istry No. 1403-l-04A 

NATIONAL RECOVERY ADMINISTRATION 

FAIR TRADE PRACTICES 

FOR THE 

FUNERAL 

VEHICLE AND AMBULANCE 

SUBDIVISION OF THE 

AUTOMOBILE MANUFACTURING INDUSTRY 

u 

SUPPLEMENT TO 

CODE OF FAIR COMPETITION 

FOR THAT INDUSTRY 

AS APPROVED ON NOVEMBER 8, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PAR1'. , \ ( 

u 1- Executi,ve Order 

2. Letter of Transmittal 

3. Text of Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

• Former Registry No. 1405-02 

For sale by the Superintendent of Documents, Washing ton, D.C. 

( 

- - - - P rice 5 cents 

\/ 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Was~ington, 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. 

Charle ton, S.C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohi~: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich. : 2213 Fil'st National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fia.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, '.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. 

Philadelphia, Pa.: 933 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 Building. 

(II) 
EXECUTIVE ORDER 

SUPPLEMENT TO CODE OF FAIR COMPETITION FOR THE AUTOMOBILE 

MANUFACTURING INDUSTRY COVERING FAIR TRADE PRACTICES FOR 

THE FUNERAL VEHICLE AND AMBULANCE SUBDIVISION 

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 Automobile Manufacturing 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 containing an analysis of the Supplement, together with his recommendations and findings 1 with respect thereto, and the Administrator having found that the said Supplement complies in all respects with the 

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

of clauses (1) and (2) of subsection (a) of section 3 of the said act 

have been met: 

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

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

the National Ind1istrial Recovery Act, approved June 16, 1933, and 

otherwise do adopt and approve the report, recommendations, and 

findings of the Administrator and do order that the said supplement be and it is hereby approved. 

THE WHITE HousE, 

November 8, 1933. 

Approval recommended: 

HUGH S. JOHNSON, 

Adrninisfrator. 

FRANI{LIN D. ROOSEVELT. 

(III) 

19902°-188-181-33 
NOVEMBER 2, 1933. 

The PRESIDENT, 

The lVhite H ouse. 

Srn : The propo ed upplement to the Code of Fair Competition 

of the Automobile l\1anufacturing Industry, covering fair trade 

practices for the Funeral Vehicle and Ambulances Subdivision of 

said Industry, was submitted by the Funeral Vehicle and Ambulance 

:Manufacturers A sociation, representing 70% of the members of the 

Industry, and 85% of the Dollar Volume of the Industry. The hearing was conducted in "\Vashington on October 16, 1933, and all persons 

r eque ting an appearance were publicly he.ard in accordance with the 

. tatutory and regulatory requirements. 

Thjs Subcli-rision of the Autom.obile Industry from its peak in 

1929 to the beginning of 1933, has experienced a drop in sales of 

approximately 40%. The f air trade practices as set :forth in the 

Supplement, we believe are essential to the industrial recovery 

of the Subdivi ·ion. The fair trade practices as contained in this 

Supplement: ,ye believe ar e necessary to the rehabilitation of the 

Subdivision . .Articl I. States the purposes of the Suppleme:Qt. 

A1·ticle I/. Defines accurately specific references in the Subdivision 

of the Supplement. 1-rticle 111. Establishes Subdivision authority for Funeral Vehicle 

and Ambulance Subdivision to Automobile Manufacturing Industry. 

Artd.cle IV. Determines method of cost and defines manner in 

which information shall be obtained. 

A1·ticle V. Sets forth fair trade practices of the Subdivision. 

A1·ticle VI . Contains the :Mandatory Subdivisions of the National 

Recovery Act. · 

FINDINGS 

The Administrator finds: A. This Suppleinent 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 JYianufacturers Association is truly 

representative of the Funeral Vehicle Manufacturing Subdivision 

of the Automobile Manufacturing Industry, and the articles of 

Association contain no inequitable restijctions on membership; C. 

The Supplement is not designed to promote monopolies or elimin ate 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 r ecommended therefore, that this Supplement to the Code 

of the Automobile Manufacturing Industry be approved. 

Respectfully, 

(IV) 

H U GH S. JOHNSON, 

Administ1·ator. 
SUPPLEMENT TO CODE OF FAIR COl\'IPETITION FOR THE 

AUTOMOBILE MANUFACTURING INDUSTRY COVERING 

FAIR TRADE PRACTICES FOR THE FUNERAL VEHICLE 

AND AMBULANCE SUBDIVISION OF THE SAID INDUSTRY 

ARTICLE I-PURPOSE 

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

Automobile Manufacturing Industry, duly approved by the President on August 26, 1933, the following provisions relating to fair 

trade practices for the Funeral Vehicle and Ambulance Subdivision 

of the Automobile Manufacturing Industry are submitted in behalf 

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

binding upon every member of said Subdivision. 

AnTICLE II-DEFINITIONS 

1. The term "Funeral Vehicles and Ambulances" and/or "Products " as used herein shall mean hearses, ambulances, combination 

hearses and ambulances, funeral service cars and special vehicles 

and/ or bodies the ref or. 

2. The term " H earse " shall mean a motor vehicle designed for 

transportation of the dead. 

3. The term ·"Ambulance " shall mean a motor vehicle designed 

for the transportation of the sick or wounded. 

4. The term " Service Car " shall mean a motor vehicle designed 

for the transportation of materials and equipment used in the funeral 

service and burial of the dead. 

5. The term "Subdivision" as used herein shall mean the manufacturing and assembling within the United States of Funeral 

Vehicles and Ambulances as hereinabove defined, and o:f 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 " Member of the Sub di vision " as used herein shall 

mean anyone engaged in the Subdivision as hereinabove defined, 

either as an employer or on his own behalf. 

8. The term "Code Member of the Subdivision" shall mean any 

member of the Subdivision who signifies assent to the Code of Fair 

Competition for the Automobile Manufacturing Industry as approved 

by the President on August 26, 1933, and to this Supplement thereto. 

9. Th~ term "Effective Date" as used herein means the 10th day 

after this Supplement shall have been approved by the President 

of the United States. 

(1) 
2 

ARTICLE III-ConE AuTHORiTY ORGANIZATION 

Each Code Member 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 ~Ianufacturing Industry approved August 26, 1933, 

to function as a "Subdivision Authority" under the supervision of 

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

the Subdivision Authority.) Each Code ~!ember 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 AND DuTIES 

1. ( ai) ·vvithin 10 days after the effective date o.f this Supplement 

all members of this Subdivision shall file with the Subdivision 

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

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

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

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

" Subdivision Authority." 

(b) Each member of the Subdivision shall file, together with his 

pchedule of prices, specifications, and a complete description of the 

model covered by each price. _ (c) Each member of the Subdivision shall file with the Subdivision 

Authority in addition to the foregoing schedules, complete price 

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

specification equipment. 

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

any :Funeral Vehicles or Ambulances at prices lower or on terms 

more favorable than those included in hi,s own schedules fi,1ed 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 engaged in the business of selling funeral vehicles 

to the fune1~al trade, who has a place o.f business separate and 

distinct from the e.stablishment 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 di,stinct from the establishment of any 

funeral director ; or 

(y) sells ambulances. 

2. No member of the '~Subdivision" shall sell funeral vehicles or 

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

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

formula or uniform formulffi of cost accounting prescribed by the 

Subdivision Authority, and subject to approval of the Administrator. 

Each" Member" of the "Subdivision" shall from time to time on 

request of the " Subdivision Authority " submit his costs computed 

on the basis of such formula or formulffi. 

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

Code Authority as set forth in this Article there shall be furnished 

to government agencies such tatistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) 

of the National Industrial Recovery Act. 

AR'l.'ICLE 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, conunissions, 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 off.ering or giving of prizes, commissions, or gifts in 

connection with the sale of product. 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 establi hed 

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, 

empl~yees, or representatives of competitors' customers or prospective customers, without the lmowledge of their employers or principals, to induce such agents, employees, or representatives to influence 

their ern.ployers or principals to purchase or contract to purchase 

from_ the 1nakers 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 

custorn.ers or prospective customers. 

( i) Imitation of competitors' trade-marks. 

(j) False disparagement of competitors or their products. 

(k) The malicious inducing of employees away from competitors. 

2. Nothing in this Supplement shall limit the effect of any adjudication by the Courts or holding by the Federal Trade Commission on 
\I\ 11 \\\\\\\[\\\1i1\\~1\\1\111\~\ \~ \1[1i1\\\fa\\\\ \\\\I 3 1262 08728 6091 

4 

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

provided that uch adjudication or holding is not inconsistent with 

any provision of this Supplement or with the National Recovery 

Act. 

ARTICLE VI-GENERAL 

1. No provision of this Supplement shall be interpreted or applied 

in such manner as to 

(a) permit monopolies or monopolistic practices. 

( b) eliminate or oppress sm?,11 enterprises or discriminate against 

small enterprises. 

2. No inequitable restrictions upon meJ?.lbership in the Association 

shall at any time be imposed. 

3. This Supplement is hereby made expressly subject to the right 

of the President pursuant to Section 10 (b) of the National I ndus- trial Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of the said 

Act, and specifically but without limitation to the right of the P resi- dent to cancel or modify his apprmral of this code or of any conditions imposed upon him upon such approval. 

4. By presenting this Supplement the members assenting hereto 

do not thereby consent to any modification thereof, and they reserve 

the right to object individually or jointly to any such modifications. 

5. Such provisions of this Supplement as are not required to be 

included therein by the National Industrial Recovery Act may, 

upon the application of the Subdivision and with the approval of 

the President, be modified or eliminated. 

0