~proved Code No. 142-Amendment No.2 Registry No. 1631-11 

NATIONAL RECOVERY ADMIHISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL JEWELRY TRADE 

AS APPROVED ON SEPTEMBER 6, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 142-Amendment No.2 

AMENDMENT TO CODE OF FAIR COMPETITION . 

FOR THE 

RETAIL JEWELRY TRADE 

As Approved on September 6, 1934 

ORDER 

APPROVING Al\fEN DMENTS TO CoDE OF FAIR CoMPETITION FOR THE 

RET AIL J E\VELRY TRADE 

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 Retail Jewelry Trade, 

and hearings having been duly held thereon and the annexed report 

on said amendments, containing findings with respect thereto, having 

been made and directed to the Pre ident: NO\~T, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Admin:strator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 654.3- A, dated December 30, 

1933, and otherwise ; do ht>reby incorporate, by reference, said an- nexed report and do find that said amendments 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 do hereby order that said amendment be and 

it is hereby approved, and that the previous approval of said Code is 

hereby modified to include an approval of said Code in its entirely 

as amended. 

HUGH 8. JOHNSON, 

Ad1ninistrator f m· lndustn'al Recovery. 

Approval recommended: 

RonEHT L. HousTON, 

Division Ad111inist1·ator. 

wASHINGTON, D.C., 

S epte1nber 6, 1934. 

84G31°----ll81-17----34 (1) 
REPORT TO THE PRE~IDENT 

The PRESIDENT, 

The lV hite H cntse. 

SIR : This is a report of thn Hearing on certain amendments to the 

Code of Fair Competition for the Retail Jewelry Trade, conducted 

in the Rose Room of the \~T ashington Hotel, \Vashington, D. C., on 

July 19, 1934. The amendments which are attached were presented 

by the NaLional Retail Jewelry Trade Council, which is the national 

retail jewelry code authority, and a"' such th duly qualified and 

authorized repre entative of the Trade. 

l'he fir t of the annexe l amendm-ent gives the 1ode _ nthority the 

right to pre ent to the AdministTator recommondations based on 

conditions in th Trade (including interpretations and/ or modifications) and to as ent to uch recommendations on behalf of the Trade, 

these recommendations being such as will tend to effectuate the operation o:f the provisions of thi Code and the pobci s of the National 

Industrial Recovery Act. It is felt that thi · provision with regard 

to the right of the Code Authority to pres.,nt such recommendations 

and to assent to then1 on behalf of the Tracle will permit the Code 

Authority to more properly exercise their functions under the Code 

than the former provision on that subj.ect, which wa delete l through 

the sub titution of this new provision. 

The second· of the amen :G:nents annexed hereto is the standard 

provi ion ·uggA ted by the Legal Division to enable Code Authori ies 

to obtain funds with which to administ.er Codes. This provision 

e ·tablishes a mandatory assessment to be obtained from all members 

of the Trade, and sets forth the powers and duties of the Code Authority with respect to the method of assa..~ment, the budget and the 

expenditure of fund.s so obtained. Inasmuch as the former provision 

relating to the expense of the Code Authority did not provide the 

Code Authority with the powers neces ary to ad-equately obtain 

funds necessary to administer the Code for the Trade, it i felt that 

the sub titution of the provision embodied in this amendment was 

necessary. 

The third amendment annexed hereto chang s the name of the 

Code Authority in this Trade to " National Retail Jewelry Code 

Authority," and gives the National Code Authority and the Local 

Code Authorities in this Trade the right to in('orporate upon complying with certain requiren1ents. It i felt that a great deal of misunderstanding will be avoided by de ignating the Code Authority 

by a name which has more cmnmon u age and under~tanding than its 

former name. It is al o felt to be desirable to permit the National 

and Local Code Authorities in this Trade to incorporate whenever 

they desire to do so and comply with ert9.in requirement. e tabEshed in this amendment, in order that member:; of the Code Authorities will not have individual liability for acts performed on 

behalf of the Trade in administering this Code. 

(2) 
3 

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

of all the proceedings in this matter;; 

I find that: 

(a) The amendments to said Code and the Code as amended are 

well designe l to promote the poli{;ies and purposes of Title I of 

the Natio-nal I ndu<::trial Recovery Act inclnding the removal of obstruction to the :free flow of interstate and foreign commerce which 

tend to diminish the amount thereof, and will provide for the gen-eral 

weltare by promoting the organization of industry for the purpose 

of cooper ati-ve action among trade groups, by inducing and maintaining united action of labor and managen1-ent unde1· adequate governmental sanction and supervision, by eliminating unfair competitive practices, by prmnoting the fullest possible utilization of the 

present productive capacity of indu tries, by avoiding undue restriction of production (except as may be temporarily required), by in-

-creasing the consumption of indu trial and agricultural products 

through increasing purcha ing power, by reducing and relieving unemployment~ by improving standards -oi labor, and by otherwise 

rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertjnent provisions of saifl Title of said Act, including without lilnitation Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

(c) The Code e111powers the National Retail Jewelry TrudB Council to present the afore aid amendm"f:nts on behalf of the industry 

as a whole. 

(d) The amendments and the Code as amended are not de igned 

to and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as a1nended are not designed 

to and will not eliminate or OJ)pre s small enterprises and will not 

operate to discriminate against then1. 

(f) Thos-e engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

amendm-ents. 

For these reasons the amendments have been approved. 

Respectfully, 

SEPTF.MllER 6, 193-1. 

HUGH s. JOHNSON' 

Adn1inist1•ato-r. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE RETAIL JE\:VELRY TRADE 

Subsection (b) of Article IX, Section 2 of the Code of Fair Competition for the Retail Jewelry Trade shall be amended by substituting therefor the following paragraph: 

(b) R ecommendations.-The National Retail Jewelry Code Authority may from time to time present to the Administrator recommendations (including proposed modifications) and may assent to 

recommendations (including proposed modifications) based .on conditions in the Retail Jewelry Trade which will tend to effectuate the 

operation of the provisions of this Code and the policies of the 

National Industrial Recovery Act. Such recommendations (including propose l modifications) shall upon approval by the Administrator become operatiYe a. part of this Code. 

Subsection (f) of Article IX, Section 2, shall be amended by substituting therefor the following paragraphs: 

(f) Payment of Cost of Ad,Jninistration.-

(1) It being found necessary in order to support the administration of this Code and to maintain the standards of fair competition 

established hereunder and to effectuate the policy of the Act, the 

Code Authority and several Local Code Authorities are authorized: 

A. To incur uch reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of funds which may be raised as hereinafter provided, and which 

shall be held in trust for the purposes of the Code; 

B. To submit to the Administrator for his approval, subject to 

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

(1) itemized budgets of the estimated expenses for the foregoing 

purposes, and (2) equitable bases upon which the funds necessary 

to upport such budgets shall be contributed by members of the 

Trade; 

C. After such budgets and bases of contribution have been uppraYed by the Administr~tor, to determine and obtain equitable con- tribution as aboYe set forth by all members of the Trade, and to that 

end, if necessary, to institute legal proceedings therefor in their own 

names. 

(2) Each :member of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authorities, 

determined as hereinbefore provided, suqject to rules and regulations pertaining thereto issued by the Adrninistrator. Only mem- b~rs of the Trade complying with the Code and contributing to the 

expenses of administration, as her~inbefore provided, (unless duly 

exempted from such contributions) shall be entitled to participate 

in the selection of members of the Code Authorities or to receive the 

benefits of any of their voluntary activities or to make use of any 

emblem or insignia of the National Recovery Administration. 

(4) 
5 

(3). The Code Authorities shall neil-her incur nor pay any obliga- tions substantially in excess of the amounts thereof as e timated in 

their approved budgets, and shall in no event excee l the total amount 

contained in the approved budgets except upon approval of the 

Administrator; and no subsequent budgets shall contain any deficiency item for ·ex-penditures in exce ·s of prior budget estimates except those which the Administrator shall have o approved. 

Artinle IX, Section 2, shall be amended by adding thereto a new 

sub ection (g), reading as follo\vs: 

(g) Jn,corpm·ation of Code A utho1nities.-The National Retail 

Jewelry Trade Council, created under Section 2 (a) of this Article, 

shall hereafter he known as the " National Retail J ewelry Code 

Authority." The said National Retail J e·welry Code Authority and 

each Local Retail Jewelry Code Authority, created in accordance 

with Section 2 (e) of this Article, may, upon submission to and apl?roval by the National Recovery Administration of if-s proposed 

Certificate of Incorporation and By-La,Ys, incorporate under the 

laws of any State of the Unit-ed States or the District of Columbia, 

such corporation to be known as ' National Retail Jewelry Code 

Authority, Inc.," or "Local Ratail Jewelry Code Authority for (the 

local area), Inc.,'' respectively; provided that the powers duties, 

object · and purpo~· es of the said corporations shall, to the atisfac- tion of the Administrator, be limited to the powers, duties, objects 

and purpo ·es of the Coda Authorities, a provided in the Code; and, 

provided further, that the existence of the aiel corporations shall 

be during the term of the Code. 

If at any time the Administrator shall determine that the corporate 

status as mnecl by the National Code Authority or any of the Local 

Code Authorities provided herein are interfering with the proper 

exercise of their powers and duties under this Code, or with the 

application of the po1icy or purpose of the Act, he may, after such 

notice and hearing a· he may deem nece sary, require an appropriate 

modification of the structure of the corporation (if consistent with 

the law of the State of incorporation), or the substitution of another 

corporation created under the laws of another State in the san1.e 

manner as the existing corporation was created, or such other action 

as he may deem expedient. ....,. 

Approved Code No. 142-Amendment No. 2. 

Registry No. 1631-11. 

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UNIVERSITY OF FLORIDA 

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