Approved Code No. 201E-Amendment No. 1 Registry No. 16

NATIONAL RECOVERY ADMINISTRATION

AMENDMENT TO SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

WHOLESALE MILLINERY

TRADE

AS APPROVED ON AUGUST 30, 1934

MEOR

U.A

WE D OUR PART

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Approved Code No. 20QE-Amendment No. 1

AMENDMENT TO SUPPLEMENTARY CODE OF F

COMPETITION

FOR THE

WHOLESALE MILLINERY TRADE

As Approved August 30, 1934

ORDER

APiRoviNG AMENDMENTS TO SUPPLEMENTARY CODE OF FAIR CO

TION FOR THE WHOLESALE INIILLINERY TRADE

A DIVISION OF THE WHOLESALINO OR DISTRIBUTINO TRADE

An application having been d iy made pursnant to and 

compliance with the provisions of Title I of the National Ind

Recovery Act, approved June 16. 1933, for approval of anend

to a Supplementary Code of Fair Competition for the Wh

Millinery Trade to the Code of Fair Competition for the W

salinr or Distributing Trade, and hearings having been du

h

thereon and the annexed report on said amendments, con

findings with respect thereto, having been made and directed t

President:

NOW, THEREFORE, on behalf of the President of the 

States, I, Hugh S. Johnson, Administrator for Industrial Re

pursuant to authority vested in me by Executive Orders 

t

President, including Pixecutive Order No. 6543-A, dated De

30, 1933, and otherwise, do hereby incorporate, by referenc

annexed report and do find that said amendments and th

as constituted after being amended comply in all respects w

pertinent provisions and will promote the policy and purpo

said Title of said Act, and do hereby order that said amen

be and they are hereby approved, and that the previous ap

of said Code is hereby modified to include an approval of sai

in its entirety as amended.

HUo S. JOHNSON

Approval WASHINGTON, 836470-1044-144--34 ROBERT recommended: Augt L. Divisi D.C. HOUSTON, 30,193(. m Administrator. Admiiwnistrataor for Iulustrial Reco
REPORT TO THE PRESIDENT

The PRESIDENT,

T7 1 1hide Ho.

Sm: This is a rport o" the Hearino' on certain amen

t

the Suppinletitary Code of Fair Competition for the W

Millinery Trade, a Division of the Wholesaling or Di

Trade, conducted 11 in Ram I) of the Wasington )te1, Washington, D.C., on July 2(, 1934. The aiendmients which are attac

w

presented by the Divisional Code Autiority for the W

Millinery radle anld have the approval of the Board of D

of the A.sCiated Wholesale Distributor. of Ladies', M

Children's Hats, Inc.

The annexed miendmients deal largelv with the clarif

th definitions of wholesaler or distributor uflder the Supp

Code of Fair Compeition fmr the Wholesale Mil1inery T

i

relates to wholesalers or distributors of Hat Bodies and M

S upplis. roper.representat ives w1re present at the Iea

The remining amendnilts encomipas admiinistrative p

to accommllo(late certain groups in the Trade and further p

for standard adin In istrative provisions recondnlnenlded v t

A

ministration since the approval of the Suppleimontary Cod

F

Competition for the Wholesale Millinery Trade.

Only one amjewnd ment pertains to flair trade practices and i

to be in no way objectionable.

FL NINGS

The Deputv Adnministrator in Ilis final report to me in sa

ients to said Code, having found as hereni set forth a

ot

basis of all the proceed ingsJ this Iatter;

I find that

(a) The amendments to said CI(ode and the Code as a m

I 

well designed to promote the policies and purposes of TI 

the National Industrial Recovery Act including the remo

structions to the free flow of interstate and foreignii ( 10nim

w

tend to diiniush the amount thereof, and will provide for th

welfare by promoting the orgjanIization of i ndnstrv for th

p

of cooperative action of labor and management under adeq

ernimenittal sanction aId supervision, by eliminating unfair c

tive practices, by promoting the fullest p(5ible ilizatio

t

thromygh emplo-vient, rehabilitating tion (reasing present of production productive increasing the consumption by industry. improving capacity purchasing (except of as of stand may industrial industries, power, (2)yards be by temporarily of red and by lab) ucingr avoi agricultural r, dim) and and requireundby relirbipu
3

(b) The Code ,s amended complies in all respects with t

p

tinent provisions of said Title of said Act 111cludinlg without 

tion1, Suibsection (a) of S'ection 3, St i section (a) of Sectioi

SIIIsection ()) of Section 10 thereof.

(c) The Associated Whtole-a lc Distributors of Ladies. Mis

Childreils Hats, Inc., was and4 is a tr(ide association trul y rep

tive of the aforesaiid Trade a ind that saiCd : ssociation imiIpo.sed 

poses Io inequitable restriction )( ao admission to m11CleIburship therein

and conisenits to these aimeudnients.

(d) The amendinen]ts and the Code as amended are not (

to and will not permit monipolies or i1onopolis.ic practices.

(e) Ihe aIdlfendmIents and the Code as miwnided are not desi

and will not eliminate or oppress small enterprises and will n

ate to discriminate against them.

(f) Those engaged in other steps of the economic process h

been deprived of the right to be heard prior to approval 

amendments.

For these reasons these amendments have been approved.

Respectfully, Hi (d S. JO1INSON

Admin ist

AUGUST 30, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF F

COMPETITION FOR THE WHOLESALE MILL

TRADE

A DIVISION OF THE WHOLEsALING OR DISTRIBUTING TRADE

The Supplementary Code of Fair Competition for the W

Millinery Trade is hereby amnnded by striking out Article I 

i

now reads and sibstuituting the following:

Al'TICLE I-PURPOSES

To vflectiunte the policies of Title I of the National In

Recovery Act this. Supplementary Code is estal dished as a 

Fair Competition for ithe Who1uale Millinery Trade purst

Article VI, Section 1 (c) of the (eneral Code of Fair Com

for the Whioles aljin or Distrib1utxing Trade, approved by th

P

dent of the United States on1 January 12, 19f84. All provi

said General Code which are not, in conflict with the provi

this Supplemenitary Code are hereby specifically incorpor

reference in this Supplementary Code and m1a lde part, hereof

provisions of this Supplementary Code are the standards F

Competition and are binding upon every member of sai W

Millinery Trade.

The defin ition of " Wholesaler " or " Distribiltor " under A

II is hereby amended to reard as follows:

Wlolesai or Di)sribottor.--The term " AVholesaler " or " D

tor " as used liereiii, is definwd to mean any individual, p

ship, association, corporation or other firmi or division thered

nitely orgainize(l to render and whose business is the render

general distribution service to retailers generally , which b

maintains at. his or i s place of business a stock of any one o

m

of the following lines, but, without limitation:

(a) Trinmumed ladies' hats;

(b) Untrimmed lidies' hats;

(c) Trimmed misses' hiats;

(d) Untrinuned misses' hats;

(e) Trimmed children's hats;

(f) Vntri med children's hats;

used and devices (gr) h) which in HatIncidvntal sells making bodies; throgh2i to retailers or merchandise trimming saleumen, generally. any pertaining advertising (4)of the above thereto, and/or listed such sales items; as prm
5

There shall be inserted under Article II, the following def

of a wholesaler or distril)itor of hat bodies and mI illinvry su

iWholealeor o1' l)D ribuo of Ht Bod,' an d iill;h y 

pies4 .- Tie term " W holesaler " or " Distr iItor of IIat 

anid Mi liiinery Supplies as used herein, is defined to mean any 

vidual, partnership, association, corporation, or other firi o

mitely organized division thereof, which b1ivs and moa iotains 

or its place of business a stock of ally one or ml ore of the fol

lines, but without limitations:

(a) Hat bodies;

(b) Milillnery supplies;

(c) Materials used in iakingr, trimmings or desi2ning 

misses and/or children's hats;

and which through salesmen and/or sales promotion device

to retailers but which does not sell in significant aliounts to ul

cOflSuilLerS.

Section 1 (b) of Article III is hereby amended to read as fo

(b) Such Divisional Code Authority shall be composed o

teen iiembniers, nine of whom shall be members of the Ass

Wholesale Distributors of Ladies'. Misses' and Children's Hat

and selected by the Board of Directors thereof, with due 

for their residence in the major markets of the Trade, an

members shall be selected in a manner to be, approved by the A

istrator to represent those engaged in the Trade who are not 

bers of the aforesaid Association, and three members to rep

the flat Body and Millinery Supply Distributors, such repre

tives to be selected as hereinafter provided:

(1) The Board of Directors of the Associated Wholesale D

utors of Ladies', Misses' and Children's Hats, Inc., shall no

ten members engaged principally in the Hat Body and Mi

Supply Distributing Trade who are not members of the Asso

Wholesale Distributors of Ladies', Misses' and Children's Hats

and shall prepare ballots listing such names, and in addition

ballots shall contain three blank spaces in which any member 

Hat Body and Millinery Supply Distributing Trade may wr

personal choice. Such ballots shall be mailed to every mem

such Trade ascertainable by diligent search by the Board of 

tors of the Associated Wholesale Distributors of Ladies', Misse

Children's Hats, Inc.

(2) Fifteen days after the mailing of these ballots the Bo

Directors of the Associated Wholesale Distributors of L

Misses' and Children's Hats, Inc., shall publicly open and cou

votes which it has received. The three candidates receivin

largest number of votes shall be declared elected. The three 

dates receiving the next largest number of votes may be de

alternates paragraph, ional as There (c) the Code Alternates members shall as Authority to provided be be of known may added the in Divisional for be as theolected in Paragraph Section same Paragraph Code to manner 1 act of Authority (c) C, for Article and Section to members read from are III 1 as the selected. of anollowsof Articsame addthe 
6

There shall be added to Section 2 of Article III the f

paragraph to be known as Paragraph (e)

(e) There shaill be created a Committee of five who shall a

i

matters peculiar to the Hat Body and Millinery Supply Tra

who shall report their findiiingv. to the Divisional Code Autho

f

final action. Thw members of this Committee shall be selecte

i

t

following nannier:

(1) Three iliimbers of the Diivisional Code Authority 

b

selected by the Chairman of the Divisional Code Authority t

r

sent the mem(iibers f the Wholesale Millinery Trade whO 

teng(g'ed il the selllng of Hat Bodies and Millinery Supplies

(2) Two memlblel-s of the DivNision)al Code Authority sha

b

lecthd by the ClaVirmn) of the Divi Vsional Code Authority to represent these enPa'gYed 1pincipalty in te Hat Body and Millinery 

Tradle.

There sliall be added to Section 2 of Article III the followi

p

grah)I to be knlownii as P1aragraph (f)

(f) (1) It being folll niecessarFy il order to support the 

tstrat i (of tihiis Supplementry Code and to maintain the s

of, fair complitioln established hereundjer amd to effectuate th

p

of the Act, the DIvsiolnal Code Authority is althlorized:

a. To inicm1 SUch resonable obligatiOinas 8s are necsa

a

proper for the foregoing purposes, and to meet such obligat

of funds which may be raised as hereinafter provided and wh

be held ill trust for the p poses of this Supplemnentary Cod

b. To sbIiit to the Administrator for his approval, sut

stich notice and opportunity to be heard as he Iitay deeimi n

(1) an itemized budget of its estiiateid expenses for the f

purposes, and (2) a i equitable basis upon which the filimds n

to support siueh biu Iget shall be contributed by members 

t

TradU(e.

c. After siclh bml2et and basis of (ontribution have been a

by the An1 inl 1strator, to determine andI obtain equitable c

tiOn as above Met forth by all members of tle Trade, and to t

e

if .eCy to ilist~tite l'ega- L proceed iiogs therefor ill its ow

l

(2) Eachi memIxbr of the Trade shall pay his or its equita

tributioll to dle expenises of the maintenance of the Division

Authority, deterriniiied as hereinabove provided, and subject t

r

alml reg et at iiIS pertaining thieroto issued by the Ahministrator.

nivly menibers of the Trade complying with the Code and 

utingio to the expelnses of its administration as hereinabove p

less daily exemipted from making such contributions, sha

b

e

titled to participate in the selection of members of the D

Cede Authority or to receive the beiiefits of any of its v

activities or to make use of any emblem or insignia of the N

mated amount Recovery anly (3) obligation The in its Administration. Divisional approved substantially I i i-ntane the approved budget, Code in budget Authority and excess except shall of upon shall in the approval no amount neither event of exceed thereof incur npet
7

the Administrator; and no subsequent budget shall conta

deficiency item for expenditures in excess of prior budget es

except those which the Adhinistrator shall have so approved

There shall be added to Section 2 )f Article III the fol 

paragrraph to be known as Paragraph (g) (g) To reconmmend to the Administrat or ally action or nm

deemed advisable, including further fair trade practice prov

to govern members of the Trade in their relations with each 

or with other trades, measures for industrial planning and 

zation of emploNment; "Ind includili)g llodifications of this S

mentary Code which shall )QCome elfective as part, hereo

approval by the Admini4rator after such hwaringy and notic

may specify.

There shall be added to Article IV the following Section 

known as Section V:

SECTION V. AShitl-U'f of Goods.-All shipments by mem

the Trade shall be made f.o.b. city of wholesaler, except und

cumstances as may be defined by the Divisional Code Au

subject to the approval of the Administrator.

Approved Code No. 201E-Amendment No. 1.

Registry No. 1625-59N.

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