NATIO L RE OVE Y ADMINI TRATION 

SUPPLEMENTARY 

CODE OF :FAIR COMPETITION 

FOR THE 

COMPLETE WIRE AND IRON 

FENCE INDUSTRY 

(A Divi ion of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON JULY 3, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRI TING OFFI E 

W ASHI GTON : 1934 
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 CO:MMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 CustQmhouse. Buffalo, N.Y.: Chamber of Commerce Building. 

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, T x.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indi anapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. 

Louisville, I y.: 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 Ea. t Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

P ortland, 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. 84-Supplement No. 38 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

COMPLETE WIRE AND IRON FENCE INDUSTRY 

As Approved on July 3, 1934 

ORDER 

APPROYING SUPPLEl\JE~TAHY ConE OF FAIR Co:\1PETITION FOR THE 

··ol\IrLETE \\"IRE AND IRoK FEKCE INDUSTRY 

.A DIYISIO:X OF THE FABRICATED METAL PRODCCTS hl.ANUFACTURIXG AND 

:METAL FINISHING AND l\I ETAL COATING INDUSTRY 

71888 °--8:!0- 1 34 (1 ) 
2 

the names and addre e · of his agents, distributors and jobbers, stat- ing specifically therein the territory, if any, assigned to each." 

be and they are hereby taye l pending my further Order, which may 

be i sued up n adequate showino· by the Indu try of the neces ity of 

such provisions; and provided, further, that, pending my afore aid 

further Order relative to Article VIII, SLction 7, that part of 

Article II, Section 4 (a ) and 4 (b) , which reads, ' r gi tered distributor , jobbers and agents," b deleted nd the following wording 

be inserted in lieu thereof, "distributors, jobbers and agents". 

Huau S. J OH soN, A.d17~inistTator for I ndustrial R ecovery. 

Approval recommended : 

B ARTON vv. MURRAY, 

Division Ad1ninist?·ator. 

wASHINGTON, D.C., July 3, 1934. 
REPORT TO THE P 

he .t'RESIDENT, 

The lrllite Ilou .. , .. . 

ENEHAL STATEM ENT 

HESUlVIE OF THE CODE 

Code . 

yed ]n the bnpIetal 

ting up and vi ing price 

(3 ) 
4 

Article VIII sets forth the unfair trade practices o:f this Supple- mentary Code which has been especially designed to offset unfair 

competition in this division of the Industry. Article IX provides against monopolies and monopolistic practices. 

Article X contains the mandatory provisions contained in Section 

10 (b) of the Act and also provides for the submission of proposed 

amendments to the Supplementary Code. Article XI recognizes that price increases be hmited to actual 

additional increases in the seller's costs. 

Article XII states the effective date and duration of the Supplementary Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said Supplementary Code having found as herein set forth and on the basis 

of all the proceedings in this matter: 

I find that : 

(a) Said Supplementary Code is well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

Act, including r emoval of obstructions to the free fto'iv of interstate 

and foreign commerce which tend to di1ninish the amount thereof 

and will proYide for the general welfare by promoting the organization of industry for the purposes of cooperative action among the 

trade groups, by inducing and maintaining united ~ction of labor 

and management under 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 improving 

standards of labor, and by otherwise r ehabilitating industry. 

(b) Said industry normally employs not more than 50,000 employees ; and is not classified by me as a maj or industry. 

(c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of snid Act, includ- ing 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 association truly representative of the 

aforesaid industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Supplementary Code is not designed to and will not 

permit monopolies or monopolistic practices. (e) The Supple1nentary Code is not designed to and will not elim- inate or oppress small enterprises anc1 will not operate to discrim- inate 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 

Supplementary Code. 

For these r easons, therefore, I have approved this Supplementary 

Code ; provided, however, that the provisions of Article VII, Sec-
5 

J y 3 1934. 

H UGH . J OliN ON 

Administrato,·. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE COMPLETE WIRE AND IRON FENCE INDUSTRY 

A DIVI ION OF THE FABRICATED l\IETAL PRODUCTS MANUFACTURING AND 

l\IETAL FINISHING AND l\IETAL COATING INDUSTRY 

ARTICLE I- PURPO ES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established a a Supplementary Code of Fair Competition for the Complete "\Vire and I ron 

Fence Industry, pursuant to Article VI of the Basic Code of Fair 

Competition for the Fabricated Metal Products Manufacturing and 

Metal Finishing and l\lletal Coating Industry, approved by the President on the 2nd day of November 1933, and t he provi ion of this 

Supplementary Code shall be the standard-. of Fair Competition o:f 

such Industry and shall be binding upon eYery member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Cmnplete Wire and Iron Fence I ndustry" 

hereinafter referred to as "the In 1ustry" is defined to mean and 

include the manufacturing and/ or a.ss·embling for the purpose of 

elling and/ or furnishing for installing or in place, any one or any 

combination of the following : 

(a) Comr lete wire fences of such type. and designs as n1.ay be 

catalogued by one or more members of the Industry as complete 

chain link and/ or wire fences, and which generally consist of woven 

wire fence fabric, metal posts and other metal parts or fittings. 

(b) Complete iron fences of such typ s and designs as may be 

catalogued by one or more members of the Industry as complete iron 

fence , 1nade of teel, wrought iron, or .other metals, and which generally consi t of rails, pickets, po ts and other parts. 

(c) Such wire and iron gates, panels, fan exten ions, and other 

items or fittings which are catalogued by one or more members of 

the Industry as for use with complete wire .or iron f ences. 

(d) Such woven wire fabrics as are not now or hereafter included 

under any other code and which are used in connection with the complete wire fences which are catalogued by one or more members of 

the Indu try. 

SECTION 2. The term " manufacturing " as used in Section 1 hereof 

is defined to mean and include any applicable proces beyond the 

finishing mill shape or foundry oper ation. 

SECTION 3. The term " assembling " as used in Section 1 hereof is 

define l to mean and include any method or stage of a sembly of a 

complete wire or iron fence. 

(6) 
7 

1 in this ;:;upfence ., and / or 

assembly of fence 

demv and 

cept a 

rity '' as used 

upplementary 

1 ItalicizNI wonl tll'lf'if'd. S£•t> paragraph 2 or orde r approving this Code. 

71 888 ' - - h:.!U- lo- -34--2 
8 

SECTION 13. The term "As ociation" is defined to mean the Wire 

and Iron Fence Association, or its ucce or. 

SECTION 14. The term " Secretary " as u eel herein means the 

Secretary of the Supplementary Code Authority. He shall not be 

a member of the Indu try, nor connected with a member of the 

Industry, and shall be the Confidential and disinterested Agent of 

the Supplementary Code Authority. 

SECTION 15. The term ' Supplementary Code Committee" as used 

herein is defined to 1nean the committee authorized to present this 

Supplem.entary Code. 

ARTICLE III- EMPLOYMENT PROVISIONS 

This Industry i a division of the Fabricated Metal Products 

1\fanu'facturing and ~Ietal Finishing and Metal Coating Industry 

and without limitation the waae, hour and labor provisions in 

Article III of its Basic Code as approved by the President, November 2, 1933, including Section I of said Article III, by which the 

provisions of sub-section (1), (2) and (3) of Section 7 (a) of 

Title I of the Act are made conditions of this Code, are specifically 

incorporated herein anl 1nade a part hereof as the wage, hour 

and labor pro i ion of this Supplementary Code. 

ARTICLE IV-ORGANIZ,\TION AND AmvnNrsTnATION 

SECTION 1. During the period not to exceed sixty ( 60) days following the effective date, the Supple1nentary Code Committee of the Indu try hall constitute a Temporary Supplementary Code Authority 

until the Supplem~mtary Code Authority is elected. There shall be 

con tituted within the sixty-day (60) period a Supplementary Code 

Authority consisting of nine (9) members, to be elected by the mmnbers of the Industry, at a meeting called by the Temporary Supplenlentary Code Authority, upon fifteen (15) days' notice sent by 

registered mail to all members of the Industry whose names may be 

ascertained by diligent search, who may vote eithe.1· in per on or by 

proxy. The members of the Supplementary Code Authority first 

elected shall serve until the following annual meeting of the. Association in October, 1934, and thereafter me1nbers of the Supplementary Code Authority shall be elected by the members of the Industry 

at a meeting of the members of the Industry to be held at the time 

and place o:f each annual meeting of the Association to serve until 

the following annual meeting. 

The me.mb rs of the Supplementary Code Authority shall be 

elected a follows : 

(a) Two (2) members who hall be members of the Industry to 

be elected by a majority vote of all known member of the Indu try, 

pre ent in per on or by proxy, each membor to have one. vote. 

(b) One (1) member of the Industry who is not a member of the 

A ociati n to be elected by a majority vote of all known nonmembers of the Association, present in person or by proxy, each 

member to have one vote. 

(c) Six (6) members by a fifty-one percent (51 % ) vote of members of the A sociation, present in person or by proxy weighted on 
9 

ode ..Aunt cmber 

hat the 

memode Authority shall also fron 

o<.le .. Authority, <.lcsjgnat<'<l jn said · 1 to be furnished 

shall hn vc all th 

pro per lo C'n abl-e it 
10 

to fully administer this Supplementary Code and to effectuate its 

purpo ·es. Vithout bmitation to the foregoing or any other powers or duties 

pro' ided for in this Supplem ntary Code, the Supplementary Code 

Authority c:hall have the following specific duties: 

(a) To adopt By-Laws and Rules and Regulations for, and keep 

record"· of its procedur ~ and the administration of this Supplementary Cole. 

(b) To obtain from members of the Industry uch information 

and report as are r equired f or the administration of this Supplementary Code. I n addition to information required to be ubmitted 

to the Supplementary Code Authority, member of the Industry subject to this Supplementary Code shall furni h such statistical information as the Administrator may deem necessary for the purposes 

recited in Section 3 (a) of the Act to such F ederal and State agencies a he may designate ; provided that nothing in this Supplemen-· 

tary Code shall relieve any member of the Indu try of any existing 

obligations to furnish r eports to any Governmental agency. No 

individual report shall be disclosed to any other member of the 

I ndustry or any other party except to such other Governmental 

Agencies a may be directed by the Administrator. 

(c) To u such trade associations and other ag ncies as it deems 

proper for the arrying out of any of its activities provided for 

herein, provided that nothing herein shall relieYe the Supplementary 

Code Authority of its dutie · or responsibilities under this Supplementary Code and that such trade a sociations and agencies shall 

at all times be subj ect to and comply with th provisions hereof. 

(d) To make recommendations to the Administrator for the co- or dination of the administr ation of this Supplementary Code with 

such other codes, if any: as may be related to the Industry. (e) It being found nece ary in order to support the administration of this Supplementary Code and t o maintain the standards of 

f air competition established hereunder and to eff ctuate the policy 

of the Act, the Supplementary Cole Authority is authorize l: 

(1) To incur such rea onable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be r ai eel a hereinafter provided and which 

shall be held in trust for the purpose of thi Supplementary Code·; 

(2) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem neces ary: 

( 1) an itemized budget of its estimated ex pen e · for the foregoing 

purposes, and (2) an equitable basis upon which the funds neces ary 

to support such budget shall be contributed by members of the 

Indu try; 

(3) After such budget and ba is of contribution have been approved by the Admini trator, to determine and obtain equitable contribution as above set forth by all member of the Industry, and to 

that end·: if nece sary, to institute legal proceedings therefor in its 

own name. 

Each member of the Industry hall pay his or its equitable contribution to the expen es of the maintenance of thi Supplementary 

Code Authority, determined as hereinabove provi led, and subject 

to rules and regulations pertaining thereto i sued by the Admini. tra.-
11 

an 

TIXO 
12 

mine an l/or e timate costs in accorclan e with the principles of such 

methorls. 

SE TION 2. Vl hen the Supplementary Code Authority determines 

that an emer aency exist · in this Industry and that the cause thereof 

i de tructiYe price-cutting such as to render ineffective or seriously 

endanger the maintenanc of the provi ions of this Supplementary 

Code, the Supplementary Code Authority may cuu e to be determined the lowest rea. onable cost of the products of this Indust:ry, h determination to be subj eCt to su h notice and hearing a ' the 

Administrator may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, luring the p riod 

of the emergency, it shall be an unfair trade practice for any rnember of the Industry to sell or offer to sell any products of the Industry 

for which the lowest reasonable cost has been determined at such 

prices or upon such terms or conditions of sale that the buyer will 

pay less therefor than the low t reasonable cost of . uch products. 

When it appears that conditions have changed, the Supplementary 

Code Authority, upon its own initiative or upon the reque t of any 

interested party, shall cau se the determination to be reviewed. 

AnTicLE VI-SELLING BELow CosT 

No member of this Industry shall ell or exchange any of the 

products of this Indn try, at a price, or upon t erms and conditions, which will result in the purchaser paying for the goods received less 

than the allowable cost thereof to the seller, determined in accordance. with a uniform metLod of costing above described ; provided, 

however, that dropped lines, or seconds or inventories on hand which 

must be converted into cash to meet emergency needs may be disposed of by any member of the Industry, at any price and on any 

terms and conditions, but only if such member of the Indu try has 

filed with the Suppl"'mentary Code Authority or its Secr et ary, prior 

to such sale. or offer to sell, a statement in writing, setting f orth the 

fact of, and reasons for, such proposed dispo al. Any member of 

this Industry may sell below his costs in order that he. may meet 

competitive prices filed in accordance with the provisions of Article 

VII of this Supplementary Code., or to meet competition from 

products of equivalent design, character, quality, or specifications, 

manufactured out ide the United States, provided that the competitor is not violating this Supplementary Code. 

ARTICLE VII-PRICE LISTS 

SECTION 1. (a ) Each memher of the Industry shall within ten (10) 

days after notice from the Supplementary Code Authority file with 

the Supplementary Code Authority a list or lists which shall show 

his current list or net prices for all complete wire and iron fences, or parts thereof, under this Supplementary Code, also current 

charges made for installing such fences and such parts thereof, also 

discounts, if any, also definite specifications and trade practices 

governing the use or application of such prices, charges and/ or discounts and the Supplementary Code Authority shall immediately 

and simultaneously send copies thereof to all known members of the 
13 

nev . 

... % ten 

A.nTICLE VIII-U KF Am TRADE .t'n.scTICE 

paragraph 2 of ordl'r avpro\·iog this Code. 
14 

SECTION 2. No member of the Industry sh all willfully induce, or attempt to induce, a brea h of exi~ting ontract between competitor · and thoir cu tom r , by any false or deceptive mean or 

int rfere with or obstruct the performance of any such contractual 

cluti . or ervice by any uch means, with the purpose and effect of 

hampering injuring or embarrassing competitor in their bu ·ines . 

SECTION 3. No n1€mber of the Industry shall aid or abet any 

per ·on, firm, a ·ociation or corporation in any practice. dete~:tu]Jled 

to be unfair trade practi es in accordance with the provisions of 

this Sur plementary Code. 

SECTION 4. No member of the Industry shall make or give to a 

purcl~a er any guaranty or protection in any form again t decline 

1n pnces. SECTION 5. No member of the Industry hall use or sub titnte any 

material or method of manufacture not in accord with any applicable law, rule or organization of any governmental authority, 

or not in accord with the specifications for materials and/ or in tal-

}ation filed by him with the Secretary. 

SECTION 6. No member of the Industry hall guarantee the effective 

US" or life of a omplete wire or iron fence , except that he may 

guarr:. ntee workmr,nship and material . 

SE 'TION 7. No memb r of the In lu try shall fail to r egister with 

the Secretary a list of the name and acldre es of his agents, distributors and jobber , stating .-pecifically therein the territory, if any, 

a ·igned to each. 3 

SECTION 8. No member of the Industry hall render or leliver to 

any purchaser not under ontract as a jobber, distributor or agent, 

in, or in connection with a sale, any material or ervices, unle s fair 

compen ·ation for such shall be paid by purchaser. 

SECTION 9. No member of the Industry shall ship goods on consignment, except under circumstances to be defined by the Supplementary Code Authority and approved by the Administrator. 

SECTION 10. No member of the Industry shall sell or deliver a 

complete wire or iron fence which contains in whole or in part any 

finished material and/ or f en e parts which are not manufactured 

within the United States unle the purchaser thereof hall have been 

previou ly and definitely informe l by the member that the fence, in 

whole or in part, contains such imported material. 

SECTION 11. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. Standards of safety and health shall be submitted by the 

Supplementary Code Authority to the Administrator within three 

(3) months after the effective date of the Supplement ary Code. 

ARTICLE IX ~10NOPOLIES 

No provi ion of this Supplementary Code shall be o applied as 

to permit monopolies or monopolistic practice , or to eliminate, 

oppress or discriminate against small enterpri es. 

• See paragraph 2 of order approving this Code. 
15 

AnTI 'LE ~ ~[ omFI ·xrr ·' 

nTICLE XI- Pm E L · RE.\ E 

AnTI LE XII-EFFE TIVE D .\TE AND D-cRATIO • 

a 1 ar 

r. 

w r 

and 

IllThi upplem ntary l hall become eff ctiYe at 12: 01 o' lock A.~I , Ea t rn tan lard Tim , on tb tenth day after it i appro ed 

b ' th Pr id nt. 

Appr ' c1 oc1 No. 4-- 'uppl m ot No. 3 . Regi try No. 1113---01. 

0 


UN IVERSITY OF FLORIDA 

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