Approved Code No. 146-Arnendment No.2 Registry No. 310-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR 

PRODUCTS INDUSTRY 

AS APPROVED ON APRIL 3, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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

Printing Office, Washington, D. C., and by the following N. R. A. offices: 

Atlanta, Ga.: 625 Citizens & ~outhern National Bank Building, 

Baltimore, Md. : 130 Customhouse. 

Birmingham, Ala. : 201 Liberty National Life Building, 

Boston, Mass.: Room 1200, 80 Federal Street. 

Buffalo, N. Y.: 219 White Building. 

Chicago, Ill.: Room 204, 400 North Michigan Avenue. 

Cleveland, Ohio. : 520 Bulkley Building. 

Dallas, Tex. : 1212 Republic Bank Building. 

Detroit, 1\Iich.: 415 New Federal Building. 

Houston, Tex. : 403 Milam Building. 

Jacksonville, Fla.: 425 United States Courthouse and Post Office 

Building. 

Los Angeles, Calif.: 751 Figueroa Street, South. 

Louisville, Ky. : 408 Federal Building. 

Minneapolis, Minn. : 900 Roanoke Building. 

Nashville, Tenn. : 415 Cotton States Building. 

Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. 

New Orleans, La.: 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Okla.: 427 Commerce Exchange Building. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: 401 Law and Finance Building. 

Portland, Oreg. : 407 Park Building. 

Providence, R. I.: National Exchange Bank Building, 17 Exchange 

Street. 

St. Louis, Mo.: Suite 1220, 506 Olive Street. 

San Francisco, Calif.: Humbolt Bank Building, 785 Market Street. 

Seattle, Wash.: 1730 Exchange Building. 
Approved Code No. 146-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR PRODUCTS 

INDUSTRY 

As Approved on April 3, 1935 

ORDER 

APPROVING Al\IEND:M:ENT OF CODE OF FAIR COMPETITION FOR THE 

ExcELSIOR AND ExcELSIOR PRODUCTS I NDUSTRY 

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 approval of an Amendment to the Code of Fair Competition for the Excelsior and Excelsior Products Industry, and hearings having been duly held thereon 

and due consideration having been given with respect thereto, and 

the annexed report of the Assistant Deputy Administrator on said 

Amendment, containing findings and recommendation with respect 

thereto, having been made and directed to the National Industrial 

Recovery Board : 

NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6359, dated September 27, 1934, and otherwise, 

does hereby approve and adopt said report, recommendation and 

findings and does further find that said Amendment and the Code 

as constituted after being amended comply in all respects with the 

pertinent provisions and will promote the policy and purposes of 

said Title of said Act, and does hereby order that said Amendment 

annexed hereto be and it is hereby approved, and that the previous 

approval of said Code is hereby amended to include an approval of 

said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcoVERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Division Administrator. 

VVASHINGTON, D. c., 

April 3, 1935. 

126617°----1749~17----35 (1) 
REPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

National Recovery Administration, Washington, D. 0. 

GENTLEMEN: I transmit herewith a proposed Amendment to Article VII of the Code of Fair Competition for the Excelsior and Excelsior Products Industry. This Amendment is partially described 

as follows: 

DESCRIPTION OF AMENDMENT 

This Amendment will delete Article VII, Rule 11. However, the 

provisions of the deleted rule are included in the new Rule 11 which 

it is proposed to sub titute. 

The Amendment will require that any manufacturer of Industry 

products shall mark any such product, prior to selling it or offering 

it for sale, with his name and address or symbol and symbol number; such symbol first having been registered with the Code Authority, and a symbol number having been assigned the manufacturer by 

the Code Authority. The Amendment also provides that the manufacturer shall not substitute the name and address or trade mark of 

a distributor or jobber or any other party for his name and address 

or symbol and symbol number. This, however, does not prohibit the 

use of the distributor's name or trademark in addition to the name 

and address or symbol and symbol number of the manufacturer. 

APPLICATION, REPRESENTATION AND CONSENT 

The Code Authority in a letter from the Executive Officer, dated 

November 24, 1934, submitted this proposed Amendment. A Public 

Hearing on this and other Amendments was held on January 10, 

1935, in the Carlton Hotel, Washington, D. C. Pursuant to points 

discussed at the Public Hearing the wording of the Amendment 

was revised for the purposes of clarification and consistency. In 

this revised form the amendment was submitted to each member of 

the Industry and the result of the ballot taken shows a majority 

of the Industry in favor of the Amendment. Of the fifty members of the Industry who replied to the ballot, thirty-four were in 

favor of the Amendment, fifteen were opposed and one member stated 

he was not entitled to vote by reason of not having paid Code fees. 

On the basis of volume of sales for 1934, 72% of the Industry voted 

in favor of the Amendment, 10% were opposed to the Amendment 

and 18% did not vote. Some slight additions subsequently suggested by the Advisory Boards have been included in the Amendment as now submitted but these have in no way affected the meaning of the text. 

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OPPORTUNITY TO BE HEARD ACCORDED TO PERSONS ENGAGED IN OTHER 

STEPS OF THE ECONOMIC PROCESS 

Notice of Hearing No. 171-A was published on December 21, 1934, 

and afforded an opportunity to persons or groups who could show 

a substantial interest in the effect of the provisions of this Amendment to be heard either in person or by duly appointed representative either by appearance or by sending a written or telegraphic 

statement, in full accordance with Executive Order No. 6527, dated 

December 21, 1933. This Amendment was issued with Notice of 

Hearing No. 171-A and subsequent revisions have not changed the 

effect of the provisions in any respect. Pursuant to the Notice of 

H earing No. 171-A two protests were received from distributors. 

These protests indicated the protestants believed the Amendment 

under consideration would prevent the marking on Industry products of the name and address or trade mark of distributors, jobbers 

or dealers. Explanation was made to the protestants that this 

Amendment would only require the manufacturer to mark his product with his name and address or symbol and symbol number and 

would not prevent additionally marking the product with the name 

and address or trade mark of the distributor, jobber or dealer. In 

reply to this explanation one of the protestants wrote, in part as 

follows: 

" We see no harm, in fact, we think it is a good idea for every 

manufacturer to have an identifying symbol on the excelsior which 

they manufacture. We see no possible objection to it. We are 

glad to see that your thoughts are the same as ours, namely, that a 

manufacturer's symbol being stamped on the product would not preclude the use of our trade mark." 

CONSIDERATION BY THE NATIONAL RECOVERY ADMINISTRATION 

This Amendment has been considered by the several Advisory 

Boards and Divisions of the National Recovery Administration in 

the manner and to the extent required under the Office Manual. 

The Amendment is designed to eliminate an unfair competitive 

practice. The Code requires that Industry products must have the 

grade visibly marked thereon by the manufacturer when sold or 

offered for sale and prohibits false grade marking. Grade Standards 

and Classifications of Industry products, as provided in the Code, 

have been approved for this Industry. These Grade Standards and 

Classifications of Industry products specify the requirements for the 

various grades of Industry products and, in addition, contain a provisjon requiring sterilization of certain classes of material utilized in 

the manufacture of paper excelsior. This Amendment provides a 

means of identifying the manufacturer of an Industry product 

after such product has left his hands, and thereby provides a means 

of enforcing the Code requirement that Industry products be marked 

with their correct grade as provided in the Grade Standards and 

Classifications of Industry Products and the requirement that certain grades of paper shall be sterilized prior to being manufactured 

into paper excelsior. 
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The Amendment is not designed to promote, and does not effect, 

any monopoly or monopolistic practice, nor does it discriminate 

against small enterpri es. This Amendment will promote the organization of Indu try and will induce united action, thereby removing 

obstruction to, and preventing obstruction to, the free flow of interstate commerce and does al o thereby provide for the general welfare. It applies to, and benefits, all members of the Industry equally. 

The Code as amended complies in all re pects with the pertinent 

provisions of Title I of theN ationa.l Industrial Recovery Act, including without limitation Sub ection (a) of Section 3, Subsection (a) 

of Section 7, and Subsection (b) of Section 10 thereof. 

RECOMMENDATION 

On the basis of all the facts stated above and the Administrative 

findings of law and facts made above, I recommend that this Amendment be approved. 

Respectfully, 

W. JENNINGS BuTTs, 

Assistant Deputy Administrator. 

The findings and recommendation made above are concurred in by: 

A. C. DrxoN, 

Deputy Administrator. 

w. P. ELLIS, 

Division .Administrator. 

MARCH 23, 1935. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE EXCELSIOR AND EXCELSIOR PRODUCTS INDUSTRY 

Delete Article VII, Rule 11, and substitute in lieu thereof the 

following: 

RuLE 11. Marking or Branding.-(a) No member of the Industry shall sell or offer to sell any product of this Industry without 

clearly stating in the marking visible thereon or upon the package 

thereof, the grade and the name and address or symbol and symbol 

number of the manufacturer. No member of the Industry shall 

substitute for his or its name and address or symbol the name and 

address or trade-mark of any distributor or jobber or any other 

party who is not the actual manufacturer of the product marked. 

(b) Any member of the Industry may use a symbol and symbol 

number in place of his name and address provided that such symbol 

shall first have been registered with the Code Authority. If prior 

to receiving an application from a member of the Industry for the 

registration of such a symbol, the Code Authority has had registered with it a symbol of any other member of the Industry which 

is so similar to that of the applicant as to cause applicant's symbol 

to tend to be deceptive or misleading, the Code Authority shall so 

notify the applicant and the applicant shall withdraw or revise his 

or its symbol. Each member of the Industry shall be given a number for his symbol and thereafter shall mark his or its products 

of this Industry with both his or its registered symbol and number. 

(c) Any member of the Industry may use a trade-mark as a symbol provided that such trade-mark has been registered with the 

Code Authority as a symbol in conformity with the foregoing provisions of this section. 

Approved Code No. 146-Amendment No. 2. 

Registry No. 310-02. 

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