Approved Code No. 146 l?eglstry No. 310-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR 

PRODUCTS INDUSTRY 

AS APPROVED ON DECEMBER 7, 1933 

BY 

PRESIDENT ROOSEVELT 

UNIV. OP· FL lll-

. -· ·~ 

0-- ··-· : ---·· 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

/ UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

( 

\ 

For sale by the Superintendent o{ Documents, Washlnaton, D.C~ - - - - - - - - Price 5 cents 

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This publication ls for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

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

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 IJ'ederal 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. 

L 
Approved Code No. 146 

CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR PRODUCTS 

INDUSTRY 

As Approved on December 7, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been duly made, pursuant to and in full 

compliance with the provisions of title I of the National Industrial 

Recovery Act, ap:proved June 16, 1933, for my approval of a Code 

of Fair Competit10n for the Excelsior and Excelsior Products Industry, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said 

code of fair competition together with his recommendations and 

findings with respect thereto, and the Administrator having found 

that the said code of fair competition complies in all' respects with 

the pertinent provisions of title I of said a.ct 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 Industrial 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 code 

of fair competition be and is hereby approved. 

Approval recommended: 

HUGH S. JOHNSON, 

Admvnistrator. 

THE WHITE HousE, 

December 7, 1933. 

FRANKLIN D. ROOSEVELT. 

25690°-244-146-33 (565) 

NOVEMBER 20, 1933.. . 

The· PRESIDENT, 

The White Howse. 

Sm: A Public Hearing on the Code of Fair Competition for the 

Excelsior and Excelsior Products Industry, submitted by the National Excelsior Products Association, located at 111 West Washington Street, Chicago, Illinois, was conducted in Washington on 

the 17th of October 1933, in accordance with the provisions of the 

National Industrial Recovery Act. The Association claim,s to represent 70 percent of the Industry. 

The maximum hours permitted under this Code for factory employees are forty ( 40) hours per week, except that for two ( 2) periods each year consisting of not more than :four ( 4) weeks each, 

the maximum hours of employment shall be not more than fortyeight ( 48) hours per week. For clerical and office employees a 

maximum of forty-eight ( 48) hours per week is permitted. However, overtime at the rate of time and one third i,s pr.ovided for all 

hours per day over eight ( 8) and all hours per week over forty ( 40). 

The minimum wage for male .factory employees is thirty cents 

(30¢) per hour in the North and twenty-two and one half cents 

(221⁄2¢) per hour in the South. The minimum wage for female factory employees on such light nonhazardous work as has customarily 

been performed by female employees is twenty-five cents (25¢) per 

hour in the North and twenty cents (20¢) per hour in the South. 

The minimum wage for clerical or office employees is fourteen dollars ($14.00) per week. However, female employee,s performing 

eubstantially the same work as male employees shall receive the same 

rate of pay as male employees. 

This Industry has two extreme peaks during the year, one prior 

to and includjng the Christmas season and the other in the spring 

of the year. Owing to the fact that the.se commodities are so bulky 

and involve such a serious fire hazard, it is practically impossible 

to build ,for storage in anticipation of future demands. 

Since the world war, cotton !inters have been taking the place of 

excelsior in low-priced mattresses. Corrugated and fiber board box 

partitions and shredded paper compete with excelsior. Straw, hay, 

wood shavings, sawdust, shingle -tow and old newspapers are serious 

factors of competition since these commodities are byproducts of 

other industries and require no further processing to become packing 

and upholstering material. 

The increased cost of material together with the competition of 

byproduct articles requiring no further processing present little hope 

for more than a slight increase in the sale of excelsior products and 

it is not expected that this industry will increase employment to 

any extent beyond that which is now being made in compliance with 

this Code. 

(567) 
568 

On the basis of the forty ( 40) hour week, 278 wage earners should 

benefit through reemployment, bringing the total number of wage 

earners to 1,205. 

The value of products in the Excelsior and Excelsior Products 

Industry in 1929 was $51008,769 and in 1931 was $2,982,864, a decrease of 40.4 percent. 

FINDINGS 

The Administrator finds that: 

(a) The Code as recommended, complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7, and subsection (b) of Section 10 

thereof; and that 

(b) The National Excelsior Products Association, the applicant 

group herein, imposes no inequitable restrictions on admission to 

membership and is truly representative of the Excelsior and Excelsior Products Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

This Industry has cooperated in a most satisfactory manner with 

the Administration in the preparation of this Code. From evidence 

adduced during this hearing and from recommendations and reports of the various Advisory Boards it is believed that this Code as 

now proposed and revised represents an effective, practical, equitable 

solution for this Industry and its approval as herewith submitted is 

recommended. 

Respectfully, 

HUGH s. JOHNSON, 

.Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR PRODUCTS INDUSTRY 

ARTICLE I-PURPOSES 

To effect the :policies of Title I of the National Industrial Recovery 

Act, the following provisions are submitted as a Code of Fair Competition for the Excelsior and Excelsior Products Industry, and upon 

approval by the President shall be the standard of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term " excelsior " as used herein is defined as a packin~ or 

upholstering material composed of long, fine wood or paper shavings 

or shreds. 

2. The term " excelsior products " as used herein shall include 

packing pads consisting of a paper wrapper filled with excelsior as 

defined in the preceding paragraph. 

3. The term " industry " as used herein is defined to mean all 

members engaged in the manufacture for sale of Excelsior or Excelsior Products. 

4. The term "member of the industry" includes any individual, 

partnership, association, corporation, or other person engaged in 

the industry, either as an employer or on his own behalf. 

5. The term "employee" as used herein includes any and all persons engaged i~ the industry, except a member of the industry, however compensated. 

6. The term "employer" as used herein includes anyone by whom 

any such employe.e is compensated or employed; 

7. Whenever used herein the " South " shall be understood to mean 

the following states : Virginia, North Carolina, South Carolina, 

Georgia, Florida, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, Arkansas, Oklahoma, and Texas. The "North " shall be 

understood to mean all other states and the District of Columbia. 

ARTICLE III-HOURS 

1. No employee, except as otherwise specified in this article, shall 

be permitted to work in excess of forty ( 40) hours in any one week, 

except that for two periods each year consisting of not more than 

four ( 4) weeks each, the maximum hours of employment may be not 

more than forty-eight ( 48) hours per week. 

2. No person employed in clerical or office work shall be permitted 

to work in excess of forty-eight ( 48) hours in any one week. 

(569) 
570 

3. Employees covered in sections 1 and 2 above shall be compensated at the rate of time and one third for all hours per day over 

eight (8) and all hours per week over forty ( 40). 

4. The provisions of this article shall not apply to executives, supervisors, and their immediate assistants who receive more than 

thirty-five ($35.00) dollars per week, nor to outside salesmen. 

5. The provisions of Section one ( 1) of this article shall not apply 

to watchmen, who shall be employed in pairs, and shall not be permitted to work in excess of thirty-six (36) hours per week and fortyeight ( 48) hours per week in alternate weeks, nor more than an average of forty-two ( 42) hours per week in a two (2) week period. 

6. The provisions of Section one (1) of this article shall not apply 

to truck drivers, who shall not be permitted to work in excess of 

forty-eight ( 48) hours per week. 

7. The maximum hours fixed in the :foregoing sections shall not 

apply to any employee on emergency maintenance or emergency repair work involving breakdowns or protection of life or property, 

but in any such special case at least one and one third (Ph) times 

his normal rate of compensation shall be paid for hours worked in 

excess of the maximum hours herein provided. 

ARTICLE IV-WAGES 

1. (a) No male employees shall be paid less than twenty-two and 

one half (221⁄2¢) cents per hour in the South, and not less than thirty 

(30¢) cents per hour in the North. 

(b) No female employees on such light, nonhazardous work as 

has customarily been performed by female workers shall be paid less 

than twenty (20¢) cents per hour in the South, and not less than 

twenty-five (25¢) cents per hour in the North. 

( c) No person em ployed in clerical or office work shall be paid 

less than fourteen ($14.00) dollars per week. 

2. This Article establishes a minimum rate of pay, which shall 

apply irrespective of whether an employee is actually- compensated 

on a time-rate, piecework, or other basis. 

3. Female employees performing substantially the· same work as 

male employees shall receive the same rates of pay as male employees. 

ARTICLE V - GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed 

in the industry. No person under eighteen (18) years of age shall 

be employed at operations or occupations which are hazardous in 

nature or dangerous to health. The Code Authority shall submit 

to the Administrator within sixty ·( 60) days a list of such operations 

or occupations. In any State an employer shall be deemed to have 

comr,lied with this provision as to age if he shall have on file a 

certificate or permit duly issued by the Authority in such State empowered to issue employment or age certificates or permits showing 

that the employee is of the required age. 

2. (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 employers of labor, or their agents, in the designation of such rep re-
671 

sentatives or in self-organization or in other concerted activities for 

t~e purpose of collective bargaining or other mutual aid or protect10n. 

(b) No employee and no one seeking employment 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, and 

(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. 

3. No employer shall reclassify employees or duties of occupations 

performed for the purpose of defeating the provisions of the Act or 

of this Code. 

4. Every employer shall provide for the safety and health of his 

employees at the place and during the hours of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within six ( 6) months after the 

effective date of this Code. 

5. No provisions in this Code shall supersede any law within any 

State which imposes more stringent requirements on employers as 

to age of employees, wages, hours of work, or as to saf ety, health 

or sanitary conditions, or insurance, or fire protection, or generai 

working conditions, than are im:()osed by this Code. 

6. Each employer shall post 1n conspicuous places full copies of 

this Code. 

ARTICLE VI-ADMINISTRATION 

To further effectuate the policies of the Act, a Code Authority 

is hereby established to cooperate with the Administrator in the 

administration of this Code. 

1. Organization and Constitution of Code Authority. 

(a) The Code Authority shall consist of three ( 3) members, or 

such other number as may be approved from time to time by the 

Administrator 1 elec~d by a fair method of selection and approved 

by the Administrator; and three (3) members to be appointed by 

the Administrator who shall be without vote. 

(b) In each of the divisional groups of the National Excelsior 

Products Association, the Code Authority shall designate some one 

individual, to be approved by the Administrator, who shall act as 

its representative in such Division; and shall be designated as the 

Regional Ad visor for such Di vision. Such Regional Ad visor shall 

be the representative in his Division of the Code Authority, and 

the Code Authority, with the approval of the Administrator, may 

delegate any of its functions and powers under this Code to such 

Regional Advisor, provided that nothing contained herein shall relieve the Code Authority from its duties and responsibilities under 

this Code. 

( c) The National Excelsior Products Association is hereby designated the Administrative Agency for the Code Authority. 

( d) The National Excelsior Products Association shall : 

(1) Impose no inequitable restrictions on membership, and 

(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, 
572 

organization, and activities as the Administrator may deem necessary 

to effectuate the purposes of the Act. 

( e) In order that the Administrative Agency and the Code 

Authority shall at all times be truly representative of the Excelsior 

Products Industry 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 Administrative 

Agency and/or the Code Authority is not truly representative or do.es 

not in other respects comply with the provisions of the Act, may 

require an appropriate modification in the method of selection of the 

Administrative Agency and/ or Code Authority. 

(f) Any member of the industry may participate in any endeavors of the Code Authority and/ or the National Excelsior 

Products Association in the preparation of any revisions of, or additions or supplements to this Code, either by becoming a member of 

the National Excelsior Products Association or by sustaining its 

reasonable share of the expense of administration of this Code. 

(g) Nothing contained in this Code shall constitute the members 

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 be 

liable to anyone for any action or omission to act under the Code, 

except for· his own wilful misfeasance or nonfeasance. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act: 

(a) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code, in accordance with the powers herein granted, and to submit the same to the 

Administrator for his approval together with true copies of any 

amendments or additions when made thereto, minutes of meetings 

when held, and such other information as to its activities as the 

Administrator may deem necessary to effect the purposes of the Act. 

(b) To receive complaints of violations of this Code, make investigations thereof, provide hearings thereon, and adjust such complaints, and bring to the attention of the Administrator for prosecution, recommendations and information relative to unadju.sted 

violations. 

( c) To coordinate the administration of this Code with such 

other codes, if any, as may be related to the industry, or any subdivision thereof, and to delegate to any other administrative authority, with the approval of the Administrator, such powers as will 

promote joint and harmonious action upon matters of common 

interest. 

( d) In order to keep the President of the United States and the 

Administrator informed as to the observance or nonobservance of 

this Code, each member shall prepare and file with the statistical 

department of the National Excelsior Products Association, at such 

times and in such manner as may be prescribed, statistics covering 

the number of persons employed, wage rates, earnings, hours of work, 

and such other data or information as the Code Authority may from 

time to time require. All such information shall be kept confidential2 

as to members of the industry, and only general summaries thereat 

may be published. 
573 

( e) The Code Authority shall establish and publish t? the industry 

within sixty (60) days after this Code becomes effective, standards 

:for and classifications of the industry's products, which standards 

and classifications, when approved by the Administrator, shall thereafter be followed by all members of the industry. 

(f) The Code Authority shall establish, within sixty days after 

this Code becomes effective, a uniform system of cost finding, which, 

when approved by the Administrator, c::hall be the basis for determining costs of each member of the industry. 

(g) Each member of the industry shall, within fifteen days after 

the effective date o:f this Code, file with the Code Authority his 

net price lists, or price lists and discount sheets as the case may be, 

individually prepared by him, showing his current prices or prices 

and discounts, and terms of payment. Revised price lists, or revised 

price lists and discount sheets, may be filed from time to time thereafter with the Code Authority by any member to become effective 

upon a date specified by such member, which date shall be not less 

than ten (10) days nor more than twenty (20) days after the filing 

of such revised lists. Copies thereof, with notice of the effective date 

specified shall be sent immediately by the Code Authority to all 

known members of the industry, who may file, if they so desire, 

revisions of their price lists and/ or discount sheets which, if filed 

in less than five ( 5) days previous to such effective date shall take 

effect upon the date when the revi ed price lists or discount sheets 

first filed shall go into effect. 

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

Authority, there shall be furnished to government agencies such information and reports as the Administrator may deem necessary fo1· 

the purpose recited in Section 3 (a) of the Act. No individual reports shall be disclosed to any other member of the industry or any 

other party except to such governmental agencies as may be directed 

by the Administrator. 

ARTICLE VII-TRADE PRACTICES 

For all purposes of the Code the acts described in this Article shall 

constitute unfair practices. Any member of the industry who shall, 

directly or indirectly, through any officer, employee, agent, or repre· 

. sentative, knowingly use, employ, or permit to be employed any of 

such unfair practices shall be guilty of a violation of the Code. 

1. False Marking or Branding .-The false marking or branding 

of any product of the industry which has the tendency to mislead or 

deceive customers or prospective customers, whether as to the grade, 

quality, quantity, substance, character, nature, origin, size, finish, 

or preparation of an product of the industry..,_ or otherwise. 

2. Misrepresentation or False or Misleael/ing Advertising.-The 

making or causing or knowingly permitting to be made or published 

any false, materially inaccurate, or deceptive statement by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity, substance, character, nature, origin, size, finish, or preparation of any product of the industry, or the credit terms, values, 

policies, or services of any member of the industry, or otherwise, 

having the tendency or capacity to mislead or deceive customers or 

prospective customers. 
574 

S. Oommvercial Bribery.-No member of the Industry shall directly 

or indirectly give or permit to be given, or offer to give, money or 

anything of value to agents, employees, or representatives of cus-· 

tomers, or prospective customers, or to agents, employees, or representatives of competitors' customers or prospective customers, without the knowledge of their employers or principals, as an inducement 

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. 

4. Interference with Oontractucil Relations.-No member of the 

industry shall maliciously induce or attempt to induce the breach of 

an existing oral or written contra.ct between a competitor and his 

customer or source of supply, or interfere with or obstruct the 

performance of any such contractual duties or services. 

5. Secret R ebates.-No member of the industry shall make the 

secret payment or allowance of rebates, refunds, commissions, credits, 

or unearned discounts, whether in the form o.f money or otherwise, 

or the secret extension to certain purchasers of special services or 

privileges not extended to all purchasers on like terms and conditions. 

6. Giving of Prizes, Premium,s, or Gifts.-No member of the industry shall give or offer to give prizes, premiums, or gifts through 

any scheme which involves lottery, misrepresentation, or fraud and 

which are calculated to induce the sale of any product. 

7. Defamation.-No member of the Industry shall cause the defamation of competitors by falsely imputing- to them dishonorable 

conduct, inability to perform contracts, quest10nable credit standing, 

or by other false representations, or by the false disparagement of 

the grade or quality of their goods. 

8. Threats of Litigation.-The publishing or circularizing of 

threats of suits for infringement of patents or trade marks or of 

any other legal proceedings which are not made in good faith but 

with the intent and having the effect of harassing competitors or 

intimidating their customers. 

9. Espionage of Oompetitors.-No member of the industry shall 

secure or attempt to secure confidential information concerning the 

business of a competitor by a false or misleading statement or representation, by a false impersonation of one in authority whether by 

bribery, or by any other unfair or fraudulent method. 

10. Inequitable Oontracts.-No member of the industry shall make 

any contract of sale which permits the buyer to cancel same or which 

provides for a lesser price to be paid in the event of a market decline, unless such contracts shall also permit the seller to cancel same 

or provide for a greater price in the event of a market rise. 

11. Failure to Mark or Bramd.-N o member of the industry shall 

sell or offer to sell a product of this industry without clearly stating 

and marking visibly the grade thereon. 

12. Oost Protection.-(a) No member of the industry shall sell or 

offer to sell directly or indirectly, any product of the industry at a 

price lower or at a discount greater, or on terms more favorable thaP 

those set forth in his current price lists and discount sheets on file, 

with the Code Authority, or (b) sell, or offer to sell any products, 

merchandise or service at prices below the lowest cost of any repre-
675 

sentative member of the industry, as determined by the Code Authority subject to the approval of the Administrator. 

13. Terms of Sale.-No member of the industry shall sell or offer 

to sell on more favorable terms of sale than net 30 days, without deduction of discount for prepayment. 

14. False Billing.-No member of the industry shall withhold from 

or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

15. Repudiating One's Own Oontract.-No member of the industry 

shall repudiate a contract entered into in good faith when the purpose of such repudiation is to create :for such member an unfair 

price advantage. 

16. Ooercion.-No member of the industry shall require that the 

purchase or lease of any goods be a prerequisite to the purchase or 

lease of any other goods. 

17. Other Unfair Practices.-Nothing in this Code shall limit the 

effect of any adjudication by t.he 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 provision o:f the Act or of this Code. 

ARTIOLE VIII-MonIFIOATION 

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

subject to the right of the President, in accordance with the provision o:f subsection (b) o:f Section 10 of Title I 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 imposed by him upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may be 

modified or amended on the basis of experience or changes in circumstance, such modification or amendment to be based upon application to the Administrator and such notice of hearing as he shall 

specify and to become effective on approval of the President, unless 

otherwise provided. 

ARTICLE IX-MONOPOLIES, ETC. 

N:o provision o:f this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X-CONTROL OF PRODUCTION 

Based on conditions in the industry in this period of emergency 

and to effectuate the operation of the provisions of this Code and the 

policy o:f the National Industrial Recovery Act, the following 

regulations are established : 

1. AU persons engaged in this industry shall register their productive machinery with the Code Authority within fifteen (15) 

days after the effective date of the Code and in such form as may 

be specified by the Code Authority. 
576 

2. No person engaged in this industry or for the purpose of 

engaging in this industry shall purchase, manufacture, lease or 

otherwise obtain or use productive machinery not owned, leased 

or otherwise held by such person prior to the effective date of this 

Code, except by securing a certificate of public convenience and 

necessity from the Administrator that the obtaining, manufacturing 

or use of such additional productive machinery is consistent with 

effectuating the policy of the National Industrial Recovery Act; 

but nothin~ contained herein shall be construed to prevent the replacement by a member of the industry of productive machinery of 

equal productive capacities existing on the effective date of this Code 

or the transfer of productive machinery from one manufacturer to 

another person, provided same was in use prior to the effective date 

of this Code, and provided further that such transfer does not have 

the effect of creating additional productive machinery within the 

in'dustry. 

3. The provisions of this article shall cease to be effective on the 

expiration of six months from the effective date of this Code. Provided, however, that prior to that time the Code Authority may submit to the Administrator its recommendation that said period be 

extended, based on such information as may be required, and if the 

Administrator finds upon such information and facts that a further 

extension of this period is consistent with and further effectuates the 

policy of the National Industrial Recovery Act he may declare the 

provisions of this article to be operative for such longer period and 

under such conditions as may he necessary to fully effectuate the 

policy last herein mentioned. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall be effective ten (10) days after its approval by the 

President. 

Approved Code ·No. 146. 

Registry No. 310--02. 

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UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II llllll llll 11111111111111111 

3 1262 08584 1962 

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