UNIVERSITY OF FLO RIDA 

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3 1262 08486 7752 Registry No. 1024-l-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

PLASTIC ARTS INDUSTRY 

AS SUBMITTED ON AUGUSTJ9, 1933 

WE DO OUR PART 

The Code for the Plastic Arts Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D .C. - - - - - - Price 5 cents 

General HuGHS. JoHNSON, 

INSTITUTE OF PLASTIC ARTS, 

Chicago, Ill., August 9, 1933. 

National Recovery Administration, Department of Commerce Building, Washington, D.C. 

DEAR Sm: We submit through you, for the President's approval, the enclosed 

Code of Fair Competition for the Plastic Arts Industry. 

The Plastic Arts Industry includes all producers of cast plaster products, compositions which have a gypsum or cement base, architectural models, ornaments, 

figure, designs, forms, sculptures, scale models, models for wood, stone and metal, 

advertising display, and ecclesiastical plaster products. A large part of its 

products are used in the construction industry for ornamentation of interiors and 

exteriors. 

About seven years ago the industry was organized on an international scale. 

The organization was known as the International Ornamental Plaster Manufacturers Association of the United States and Canada and its membership comprised about forty of the prominent concerns in the industry. Thi organization 

is now succeeded by the Institute of Plastic Arts which conforms to the requirements of the National Industry Recovery bill and places the organization on a 

purely national basis. Members of the local as ociations known as the Ornamental Plaster Manufacturers of Chicago and the Architectural Sculpture Society 

of New York, have joined the Institute of Plastic Arts to represent their ind~ tries 

on a National scale. 

On June 30, 1933, a group of Chicago concern met for the purpo e of discussing the National Industrial Recovery Act. A committee was appointed and on 

July 8, 1933, a notice and questionnaire was sent to all kno"·n studios and manufacturers of ornamental plaster products and statuary directing the industry's 

attention to the de irability of complying with th National Industrial Recovery 

Act. This notice was mailed to about four hundretl concerns located in the United 

States, the names and addre ses being secured from variou sources. About ixty 

replies were received to this questionnaire indicating willingness to organize the 

industry on a national basis to comply with the requirements of the National 

Industrial Recovery Act. To date the organization ha thirty-four charter 

members, and membership applications ha ve been mailed to all other concerns in 

the Industry together with .a report on the organization meeting. 

On the basis of replies received the committee sent out a notice for an organization meeting at ChiCago, Illinois on July 31, 1933. The purpose of this meeting was to organize a trade association and to prepare a Code of Fair Competition for the industry. The meeting was attended by prominent concerns in the 

industry from all over the country, and in the opinion of those present represented 

the majority of the productive capacity. Owing to the present economic conditions a large number of concerns found it impossible to attend. This meeting 

organized the Institute of Plastic Arts and adopted a Code of Fair Competition 

for the pastic-arts industry. 

The concerns attending the organization meeting recommended a forty (40) 

hour week and the following minimum wages: 

Unskilled Labor, $0.40 per hour; Modelers and Sculptors, $1.50 per hour; 

Model Makers, $1.00 per hour; Casters, $0.75 per hour; Office Help (stenog- raphers, clerks, etc.), $15.00 per week. 

This Institute represents an industry that is engaged primarily in the produc- tion of products of artistic and ornamental riature requiring artists, designers, 

sculptors, and skilled artisans. Because of this highly skilled labor, the products 

should be produced in permanent and properly equipped studios and plants. 

The work requires the creation of the design (unless furnished by architect or 

customer) the development of design, making of model from design, making 

of the mold from model, and, finally production of product by pouring suitable 

materials into molds. 

The members of this Institute have been greatly instrumental in bringing the 

ancient and neo-classic art to an economic acceptance in this country. They 

have earned on research, maintained extensive librarie , and have spent a 

870Q-33-l ( 1) 
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considerable sum in promotion of the art through advertising, cataloging, and 

display rooms. Re. earch by the members of this industry has not only helped 

to develop art acceptance but has brought to a high degree of perfectwn many 

new and approved basic materials now in general use. These accomplishments 

have only been possible because of the facilities afforded through permanent 

studios and plants. 

In the stre s of the present economic conditions, the industry has been subjected 

to unfair competition from former employees and certain contractors who, 

without establishments or regard for prevailing costs and wages, have created a 

nomadic manufacturing situation in which products usually produced by the 

members of the Institute in studios and plants have been manufactured on the 

building site during the process of construction. It is our contention that these 

itinerent manufacturers are producing such work under hazardous and unsuitable 

working conditions and that because of the lack of investment and permanent 

establishment the prices at which they have taken work has resulted in widespread unemployment, reduced purchasing power and resulting in competition 

which is unfair to the members of this industry. 

We estimate that the industry's investment including plants and equipment 

is at least one-half of our sales volume in normal times. 

We are submitting herewith the following: 8 copies of Code of Fair Competition 

for the Plastic Arts Industry; 2 copies of Application Forms; 2 copies of Bylaws 

of the Institute of Plastic Arts. 

The members of the Institute of Plastic Arts and the Emergency National 

Committee are anxious to cooperate with the President in every way to further 

as quickly as possible the aims of the N a tiona! Industrial Recovery Act which we 

heartily endorse. 

We. are of the opinion that our Code of Fair Competition should be considered 

as being supplemental to the Code for the Construction Industry as submitted 

by the Construction League of the United States. 

Respectfully, 

EMERGENCY NATIONAL CoMMITTEE oF THE PLASTIC 

ARTS INDUSTRY, 

R. F. ScHMIDT, Architectural Decorating Co., 

• 1600 S. Jefferson St., Chicago, Ill., Chairman. 

A. VoLKER, JR., Voigt Co., 

12th & Montgomery Ave., Philadelphia, Pa. 

VIcTOR JACOBSON, Jacobson & Co., 239 E. 44th St., 

New York, N.Y. 

Enw. WM. KREUGER, Secretary and Commissioner 

of the Institute of Plastic Arts, 

307 N. Michigan Ave., Chicago, Illinois. 
CODE OF FAIR COMPETITION FOR THE PLASTIC ARTS 

INDUSTRY AS PROPOSED BY THE INSTITUTE OF PLASTIC 

ARTS 

UNDER THE NATIONAL INDUSTRIAL RECOVERY ACT 

PREAMBLE 

The plastic arts industry is composed of many producing units 

scattered throughout the United States. The plants vary in size 

fron1 large plants, doing a national business, to small plants doing a 

purely local business. Some plants manufacture to specifications 

while others also carry extensive stock items sold by means of expensive catalogs. 

The products of the industry consist of cast plaster products, conlpositions which have a gypsum or cement base, architectural models, 

ornaments, figures, designs, forms, scale models, models for wood, 

stone, and metal, sculptures, advertising display, and ecclesiastical 

plaster products. 

This industry requires skilled designers, sculptors, and workmen. 

The work requires the creation of the design (unless it is furnished 

by architect or customer), the development of design, making of 

model from design, making of mould from model, and, finally, production of product by pouring suitable materials in a mould. 

A part of the industry's product is used in the construction industry 

for ornamentation of interiors and exteriors. 

ARTICLE I-PURPOSE 

(1) This Code is adopted pursuant to Title 1 of the National 

Industrial Recovery Act. 

(2) The purpose of the Code is to effectuate the policy of Title 1 

of the National Industrial Recovery Act insofar as it is applicable 

to the industry. 

ARTICLE 2-DEFINITION 

The term "Plastic Arts Industry" as used herein is defined to 

mean all producers of cast plaster products, compositions which have 

a gypsum or cement base, architectural models, ornaments, figures, 

designs, forms, sculptures, scale models, models for wood, stone, and 

metal, advertising display, and ecclesiastical plaster products. The 

term "employees" as used herein shall include all persons employed 

in the conduct of such operations. The tenn "person" shall include 

natural persons, partnerships, associations, and corporations. 

ARTICLE 3-MEMBERSHIP 

(1) Membership in the Institute of Plastic Arts, and participation 

of its Code shall be extended to all persons, partnerships and/or 

corporations in the United States operating permanent plants 

(3) 
4 

employed in the production of commodities described in Article 2 

above. It is the intention of this Institute that it shall be duly 

representative of the industry and nothing in the Code shall be 

interpreted as imposing inequitable restrictions on admissions to 

membership in the Institute. 

(2) No initial fees or entrance fees shall be charged. Dues, fees, or 

other assessments shall be at uniform rates based on payroll for 

production of commodities, as described in Article 2, as provided 

in adopted By-Laws of the Institute said By-Laws being "Exhibit 

D" attached to this Code. 

ARTICLE 4-EMERGENCY NATIONAL CoMMITTEE 

(1) There shall be an Emergency National Committee consisting of 

seven (7) members including the Chairman, all selected from the 

Executive Committee of the Institute of Plastic Arts. This Committee shall be the general planning and coordinating agency of the 

industry. Its members shall be empowered to act for the industry 

in respect of all matters before the Committee for consideration and 

within its jurisdiction. The Committee shall be empowered to elect 

one or more of its members from time to time who together with the 

Con1missioner of the Institute of Plastic Arts shall file the Code of 

Fair Competition with the proper Governmental agency and represent 

the Institute on all matters pPrtaining to the Code having authority to 

agree to such changes in the Code required by the government as 

they may deem advisable. The Committee shall serve as an executive 

agency for the industry and shall be charged with the enforcement of 

the provisions of this Code and with the duties, through agents or 

otherwise, of hearing and adjusting complaints, considering proposals 

for amendments and making recommendations thereon, approving 

recommendations for exception to the provisions of this Code, and 

otherwise administerjng its provisions. 

(2) In the event of dispute arising as to the rights and liabilities 

under this Code of any member of the Institute, or any adherent to 

the provisions of this Code or subject to its terms, said member shall 

have the right of appeal to the Emergency National Committee and 

the decision of the said Committee on said appeal shall be final, 

subject only to appeal to the President of the United States or his 

duly appointed representative. 

(3) The Commissioner of the Institute shall act as Secretary for the 

Emergency National Committee and shall be charged with the responsibility of auditing, or having audited, the books of accounting, cost 

records, wage records, price quotations, contracts, etc., of all adherents 

to the Code, .as may be required by the Committee, the President, or 

his duly appointed representative. 

ARTICLE 5-N ONMEMBER ADHERENTS TO ConE 

(1) Each person or organization engaged in this industry, adhering 

to this Code or subject to its terms, but not registered members of the 

Institute, shall pay to the Commissioner of the Institute of Plastic 

Arts a sum representing his proportionate share of the expense incident 

to initiating, securing the approval of, and administering this Code of 

Fair Competition and approved rules issued thereunder. 
5 

(2) The said expense shall be prorated among such persons or 

organizations within the said industry but not registered members of 

the Institute in proportion to pay rolls in the same manner and amounts 

as determined in the By-Laws of the Institute; said By-Laws being 

"Exhibit D 1' attached to this Code. 

ARTICLE 6-EMPLOYEE RELATIONS . 

Employer in the Plastic Arts Industry shall comply with the requirements of the National Industrial Recovery Act as follows: 

"(1) That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free fron1 the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or in 

self-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection ; (2) that 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 (3) that employers shall comply with the maximum 

hours of labor, 1ninin1um rates of pay, and other conditions of employment, approved or prescribed by the President." 

ARTICLE 7-MAxiMUM WORKING HouRs 

(1) As a direct and immediate aid to re-employ1nent, this Institute 

is in full accord and agreement to establish maximum hours of labor 

at forty hours per week for all employees in the industry, with the 

exception of executives, supervisory staff, salesmen, engineers, firemen, and watchmen. 

(2) On and after the effective date, employers in the Plastic Arts 

Industry shall not employ any minor under the age of sixteen years. 

ARTICLE 8-MINIMUM WAGEs AND WORKING CoNDITIONS 

All adherents to this Code shall pay wages-

( a) Not less than such minimum rates as have been or may be 

established nationally or for a region or locality by mutual agreen1ents 

reached through bona fide collective bargaining between truly representativenational, regional, or localgroupsof employers and employees, 

and, in any event-

(b) Not less than the minimum rates of wages submitted in Exhibit 

A attached herewith, and also agree to comply ·with the working 

condition tated in said Exhibit A. 

ARTICLE 9-MINIMUM PRICES 

(1) For the purpose of accomplishing the aim set forth in Article 1 

of tllis Code the adherents -to the Code obligate themselves to refrain 

from destructive wage and price cutting in all forms or selling at less 

than a reasonable profit above his own total cost, and/or all other 

unfair competitive practices which are contrary to the policy of the 

National Industrial Recovery Act. Total cost is defined to mean 

material, labor, normal overhead, selling, and administrative expense. 
6 

(2) The Emergency National Committee shall proceed at once to 

provide for uniform methods of estimating and standard methods of 

accounting·, including cost accounting, which shall be used by all 

adherents to the Code. It shall be an unfair method of competition 

for any such manufacturer or producer to sell at less than a reasonable 

profit above his own total cost as established by the adopted uniform 

cost-accounting system. 

ARTICLE 10-CREDITS AND CoLLECTIONS 

The Emergency National Committee may establish uniform procedure with respect to credits and collections and may provide such 

rules and regulations as may be necessary with respect to (a) collection 

and interchange of credit information; (b) cooperative administration 

of insolvent debtors; (c) terms of sales; and (d) other aspects of credits 

and collections. 

ARTICLE 11-REPORTS AND AccouNTs 

(1) For the purpose of preventing destructive wage and price 

cutting, as well as all other forms of unfair competition, the Commissioner of the Institute of Plastic Arts or his duly appointed representative or representatives shall have access to all business records 

and books of account of all adherents to the Code, including payroll 

records and pr· ces quoted to customers or prospective customers; 

also to orders accepted for manufacture, as well as to all plans, specifications, and lists of merchandise having relation to such quotations, 

orders, and contracts. (2) For the purpose of coordination and audit, members and adherents to the Code shall furnish the Commissioner, or his duly authorized representative or representatives such other records and reports 

as he or the President of the United States and his administrator may 

from time to time require. 

ARTICLE 12-TRADE PRACTICES 

Except as may be otherwise provided by the Code, the provisions 

of the Standards of Trade Practices, as stated in the attached "Ex- hibit B" are hereby adopted and made a part of this Code. 

ARTICLE 13-ENFORCEMENT oF CoDE 

Enforcement of this Code shall be conducted in accordance with 

the Procedure of Investigation and Determination of Complaints as 

prescribed in "Exhibit C" hereto attached. 

ARTICLE 14-GENERAL 

(1) All provisions, rules, and regulations of this Code are subject 

to cancellation or modification by the President as prescribed by 

Section 10 (b) of the National Industrial Recovery Act. (2) None of the provisions of this Code shall be construed in such 

a way as to promote a monopoly or monopolistic practices, or to 

eliminate or oppress small enterprises or discriminate against them. 

(3) This Code or any of its provision shall be cancelled or modified 

and any approved rule issued thereunder shall be ineffective to the 
7 

extent necessary to conform to any action by the President under 

Section 10 (b) of the National Industrial Recovery Act in cancellation 

or modification of any order, approval, license, rule, or regulation 

pertaining thereto. 

(4) Amendment to this Code may be made by the Emergency 

National Committee subject to the approval of the membership of 

the Institute of Plastic Arts, and when approved by the President 

shall be effective. 

(5) All communications and conferences of the industry with the 

President or with his agents, concerning the approval or Amendment 

to this Code, or any of its provisions or any matters relating thereto, 

shall be through the Emergency National Committee. Such Committee may appoint one or more of its members together with the 

Commissioner of the Institute to represent it in this respect. The 

official address of said Emergency National Committee shall be in 

care of the Commissioner of the Institute of Plastic Arts. 

(6) Violation by any adherent to any provision of this Code, or 

of any approved rule issued thereunder, is an unfair method of 

competition. 

ARTICLE 15-EFFECTIVE DATE 

This Code shall be in effect beginning the second Monday after its 

approval by the President of the United States. 

8700-33-2 
EXHIBIT A 

MINIMUM LABOR RATES AND WORKING CONDITIONS FOR THE 

PLASTIC ARTS INDUSTRY AS PROPOSED BY THE INSTITUTE OF 

PLASTIC ARTS-UNDER THE NATIONAL INDUSTRIAL RECOVERY 

ACT 

(To be attached to and become a part of the Code of Fair Competition for the 

producers of cast plaster products, compositions which have a gypsum or 

cement base, architectural models, sculptures and ecclesiastical plaster 

products) 

Minimum labor rates.-The minimum wages to be paid by the Plastic Arts 

Industry are as follows: Unskilled Labor, $0.40 per hour; Modelers and Sculptors, $1.50 per hour; Model Makers, $1.00 per hour; Casters, $0.75 per hour; 

Office Help (Stenographers, clerks, etc.), $15.00 per forty-hour week. 

Working conditions.-In order to protect the investment in plant and equipment and to maintain proper quality of production in this industry, the performance of which work requires the services of artists and skilled workmen 

with adequate equipment and other facilities, all and any product must be produced in permanent plants providing adequate light, heat, sanitation, and other 

satisfactory working conditions. 

(8) 
EXHIBIT B 

CODE OF TRADE PRACTICES FOR THE PLASTIC ARTS INDUSTRY AS 

PROP OSED BY THE INSTITUTE OF PLASTIC ARTS-UNDER THE 

NATIONAL INDUSTRIAL RECOVERY ACT 

(To be attached to and become a part of the Code of Fair Competition for the 

producers of cast plaster products, compositions which have a gypsum or cement 

base, architectural models, sculptures, and ecclesiastical plaster products) 

The following provisions are hereby adopted and made a part of this Code: 

Rule 1. Terms of sale or of contract shall be definite and strictly adhered to. 

The payment or allowance of secret rebates, refunds, credit, or unearned discount, whether in the form of money or otherwise, or extending to certain purchasers such services or privileges not extended to all purchasers, under like 

terms and conditions, is a violation of this Code. 

Rule 2. Attempt to purchase business or obtain information concerning a competitor's business by gift or bribes is a violation of this Code. 

Rule 3. The bidding on designs, models, plans, or specifications submitted to 

a prospective customer by a competitor, without the knowledge or consent of 

the concern or individual originating said design, model, plan, or specification is 

a violation of this Code. 

Rule 4. The making of plans, drawings, and/or specifications for distribution 

by customers to competing manufacturers, for the purpose of obtaining competitive bids, without a bonafide agreement with the customer to pay the originator 

of said plans, drawings, and/or specifications, an amount not less than the actual 

cost of such service, is a violation of this Code. 

Rule 5. Recalling a bid once submitted on any job, for the purpose of entertaining a lower price, is a violation of this Code. . Rule 6. Inducing or attempting to induce by any means or device whatsoever 

a breach of a fairly obtained contract between a competitor and a customer 

during the term of such contract is a violation of this Code. 

Rule 7. The intentional, unauthorized use, either in written or oral form, of 

trade mark, trade name, slogan, or advertising matter already adopted or in use 

by a competitor, is a violation of this Code. 

Rule 8. The making of, causing or permitting to be made, any false or deceptive statement, either written or oral, concerning installations previously made, 

or the claiming by any producer that products actually supplied and installed 

by others were supplied and installed by him, or the making of any other misleading or deceptive statement, is a violation of this Code. 

Rule 9. Any person, partnership or corporation employing modellers and having more than one modeling apprentice at any one time is a violation of this 

Code. 

Rule 10. When more than one memqer of a partnership or corporation works 

more than eight hours per day with the tools of the trade it shall be considered a 

violation of this Code. 

Rule 11. When an employer works more than eight hours per day with the 

tools of his trade it is a violation of this Code. 

This Code is subject to modification or enlargement as experience with its 

operation develops the necessity therefor. 

(9) 
EXHIBIT C 

PROCEDURE OF INVESTIGATION AND DETERMINATION OF COMPLAINTS FOR THE PLASTIC ARTS INDUSTRY AS PROPOSED BY 

THE INSTITUTE OF PLASTIC ARTS-UNDER THE NATIONAL INDUSTRIAL RECOVERY ACT 

(To be attached to and become a part of the Code of Fair Competition for the 

producers of cast plaster products, compositions which have a gypsum or cement 

base, architectural models, sculptures, and ecclesiastical plaster products.) 

(1) The Emergency National Committee shall adjudicate all complaints, and 

shall as necessity demands appoint an investigating committee of three members 

who shall ascertain all facts in connection therewith. No member is to serve 

on the investigating committee or the Emergency National Committee who is 

involved in the complaint. One member of the investigating committee shall 

be designated as Chairman. 

(2) The original complaint shall be made to the Commissioner of the Institute 

by any unit of the industry in any manner, setting forth all available facts. All 

complaints must be based upon alleged violation of By-Laws, or of any Code 

of Fair Competition approved by the President of the United States for the 

industry. If originally made in an informal manner, confirmation signed by an 

authorized individual of the complainant or complainants must be forwarded 

to the Commissioner immediately. 

(3) If the Commissioner of the Institute shall determine that such complaint 

is insufficient on its face to constitute a violation as hereinabove defined, he 

shall so notify the complainant or complainants, stating the grounds of insufficiency, and give the complainant or complainants such information concerning 

his further action as may be proper. Such complainant or complainants may 

appeal from this decision of the Commissioner to the Chairman of the Emergency 

National Committee, who shall either approve such action or order the Commissioner to proceed in accordance with the following paragraph. 

(4) If the Commissioner of the Institute, or on appeal, the Chairman of the 

Emergency National Committee, shall decide that such complaint is sufficient 

on its face to constitute a violation as hereinabove defined, the Commissioner 

shall send a copy of it to the respondent. The respondent shall complete its 

answer and forward i.t, duly signed by an authorized individual, to the Commissioner within ten days after its receipt, and may also set up such additional facts 

by way of affirmative defense as it desires. The Commissioner may extend the 

period of time in which respondent is to answer. The Commissioner shall be 

permitted to examine in his discretion such pertinent records of both parties .as 

he deems advisable. All complaints are to be shown on monthly docket with 

names and disposition. 

(5) If no answer be filed by respondent·within ten days or within any extended 

period granted by the Commissioner, the facts stated in the complaint shall be 

taken to be true and the Commissioner may make findings accordingly and serve 

the same upon both parties. 

(6) If an answer be interposed by the respondent, the Commissioner shall 

make a prima facie finding in the case and submit it to both the complainant or 

complainants and respondent. If the complaint be then withdrawn, proceedings 

shall stop at this point and all documents be filed in the office of the Commissioner. 

(7) If complaint be not withdrawn, the Commissioner shall refer all of the 

documents and other pertinent data in his possession to the Emergency National 

Committee for adjudication. 

(8) The Emergency National Committee shall notify all parties of the time 

and place of its meeting, giving them reasonable advance notice, examine all 

data submitted, hear oral testimony submitted by either party and in the taking 

of such testimony said committee shall not be bound by any legal rules of evidence. The Committee will then prepare its findings and submit the same to 

the Commissioner. 

(9) The Commissioner shall thereupon transmit to both complainant or complainants and r espondent a copy of the findings of the Emergency National 

Committee. 

(10) 
11 

(10) If all parties affirmatively accept the findings, or if no appeal be taken 

within five working days thereafter and the member against whom such fndings 

have been rendered, complies with its provisions and ceases the violati n, the 

proceeding shall end at that point and all documents be filed in the office of the 

Commissioner. 

(11) If any party refuses to accept such findings, the matter shall be referred 

by the Institute to the appropriate governmental authorities having jur~ diction 

under the law to deal with the matter. 

(12) Any complaint referring to wages or hours shall be investigated by the 

Emergency National Committee at once or within five working days. 

(13) All expenses in connection with the hearing of complaints shall be paid 

from the operating fund by the Commissioner, and the ::.mount thus paid shall 

be reimbursed to the Institute as directed by the findings of the Emergency 

National Committee, -which shall have power to a.ssess the same against either 

party or neither. The assessment shall be twenty percent of the amount involved 

in a compln.int, if such an amount can be ascertained; provided that in no eyent 

shall the assessment be less than $50.00 or more than $500.00 for anv one offense. 

Each $500.00 of amount involved shall he deemed a separa t e offense. 

(14) Assessments as thus determined by the Emergency National Committee 

shall be billed to and become payable by the persons, firm , or corporations thus 

assessed and shall be applied to the operating fund of the Institute. If said 

member or members shall not within ten days after notification by the Commissioner pay to the Treasurer the amount thus assessed, such member or members 

shall be deemed in default. 
ExHIBIT D 

BY -LAWS OF THE INSTITUTE OF PLASTIC ARTS 

ARTICLE 1-ASSOCIATION NAME 

This as ociation shall be known as the INSTITUTE OF PLASTIC ARTS. 

ARTICLE 2-LOCATION 

The principal office of the Institute shall be at 307 North Michigan Avenue 

(Suite 1507), Chicago, Illinois. 

ARTICLE 3-0BJECTS OF THE INSTITUTE 

The object of this organization are to promote, in all lawful and proper ways, 

the general welfare of the Institute of Plastic Arts; to properly and lawfully prevent unfair trade practices and methods of competition therein; to create and 

sustain goodwill, trust, and confidence, and to set up and foster a high standard 

of conduct between the members of the industry, its employees, its cusotmers, 

and the public generally. 

ARTICLE 4--r,fEMBERSHIP 

(1) It is the intention of this Institute that it be truly representative of the 

ndustry, and membership in the Institute shall be extended to all persons, 

partnerships, and corporations in the United States, or any association or producer of cast plaster products, compositions which have a gypsum or cement 

base, architectural models, and sculptures. 

(2) Each member shall within thirty days after the adoption of these By-Laws, 

or within thirty days after his election to membership, certify to the Commissioner under oath the total pay roll for the production of products and work on 

contracts covering cast plaster products, compositions which have a gypsu:rr:. N 

cement base, architectural models, and sculptures for the calendar year next 

preceding the above date, and shall thereafter certify such annual pay roll thirty 

days after the close of each calendar year. 

(3) The Commissioner shall at all times have complete access to the records 

of a member for the purpose of verifying the data thus certified to him and 

each member shall at all times upon reasonable notice by the Commissioner 

submit his records for examination. 

(4) Membership and voting power in the Institute shall be determined as 

follows: 

A "Class A" member is one the amount of whose pay roll as defined in Section 

2 for the next preceding calendar year is less than one fifth of the highest pay roll 

reported by any member for such year. Each "Class A" member shall be 

entitled to one vote. 

A "Class B" member is one the amount of whose payroll thus reported is at 

least one fifth but less than two fifths of such highest payroll. Each "Class B" 

member shall be entitled to two votes. 

A "Class C" member is one the amount of whose payroll thus reported is at 

last two fifths but less than three fifths of such highest payroll. Each "Class C" 

member shall be entitled to three votes. 

A "Class D" member is one the amount of whose payroll thus reported is at 

least three fifths but less than four fifths of such highest payroll. Each" Class D" 

member shall be entitled to four votes. 

A "Class E" member is one the amount of whose payroll thus reported is four 

fifths of such highest payroll or more. Each "Class E" member shall be entitled 

to five votes. 

(5) All persons, partnerships or corporations who become members at the fir t 

(organization) meeting of the Institute shall be considered "Charter" member .. 

(12) 
13 

ARTICLE 5-ExECUTIVE CoMMITTEE 

(1) An Executive Committee comprising seven members shall be elected at the 

annual meeting of the Institute from among the members' duly accredited representatives. The term of office shall be as follows: Three members shall be elected 

for a term of three years; two members for a term of two years; and two members 

for a term of one year. These members of the Executive Committee shall hold 

office until their successors are duly elected and qualified. 

(2) Vacancies in the Executive Committee on account of death or resignation 

may be filled by the remaining members of the Committee and the members thus 

elected shall serve for the unexpired term of the member so deceased or resigned. 

(3) The Executive Committee shall be charged with the management and 

administration of the Institute of Plastic Arts, direct its policy and action, control 

its finances, authorize and ratify its expenditures, audit its accounts, pass upon 

the budget as prepared bY. the Commissioner and submit it to the members, empby executive help as required including specifically a Commissioner as hereinafter specified, prescribe such of their dutie as are not otherwi e specified by 

these By-Laws, fix their compensation, pass upon applications for membership 

and make recommendation concerning same to the members, and perform other 

duties usually incident to the duties of an executive committee if the same are 

not specified to the contrary nor specifically delegated. 

ARTICLE 6-COMMISSIONER 

(1) A Commissioner shall be engaged by the Executive Committee as the 

executive officer of the Institute of Plastic Arts. His term of office and compen- sation shall be fixed by contract approved by the Executive Committee. He 

shall not during the term of his contract become an employee of any member of 

the Institute. He shall actively supervise the work of the Institute of Plastic 

Arts, conduct all official corre pondence, send out notices of meetings to members 

and/or committees at the request of proper authority, and in all respects carry 

out the general purposes of the Institute as set forth in these By-Laws and 

execute other policies, general or pecific, which may be agreed upon by the 

members or the Executive Committee. He shall have charge of the office of the 

Institute of Plastic Arts and of the work therein required to be done with power 

to engage and discharge employees, and fix the compensation of employees 

subject to the approval of the Executive Committee. 

(2) The Commissioner shall receive and have charge of the funds of the 

Institute of Plastic Arts. H e shall submit to the Executive Committee and to the 

members at the annual meeting, or at any special meeting on request of the 

members or the Executive Committee, a written report on his receipts and disbursements. He shall keep accurate books of account and may be required to 

give such bond as may be provided from time to time by the Executive Committee, the expense of such bond to be paid for from funds of the Institute of Plastic 

Arts. He shall prepare a budget for submission to the Executive Committee at 

its annual meeting. 

(3) The Commissioner shall act as Secretary of the Institute of Plastic Arts 

and perform such duties incident to such office. He shall keep accurate records 

and files of the Institute affairs and of all committees and have possession thereof. 

He shall be an ex-officio member of all committees standing or special. 

ARTICLE 7-MEETINGS 

(1) The annual meeting of the Institute of Plastic Arts for the election of 

members of the Executive Committee and other business shall be held on the third 

Wednesday in May of each year at such place and hour as may be fixed by the 

Executive Committee. Notice of such meeting shall be sent by mail or telegraph 

to all members at least ten days prior to the date of the meeting. 

(2) Special meetings of the Institute of Plastic Arts may be held at any time 

or place on call of the Executive Committee who must call such a special meeting 

upon the written request of six members, which request shall recite the purpose 

of such meeting. Notice of the time, place, and purpose of any special meeting 

shall be sent by mail or telegraph to all members at least five days prior to the 

date of such meeting. 

(3) The organization or regular meeting of the Executive Committee shall be 

held immediately after the annual meeting of the Institute of Plastic Arts. 
14 

(4) The special meetings of the Executive Committee may be held on call of 

its Chairman and must be called by him upon the written request of three member of the Executive Committee which request shall state the purpose for which 

such special meeting is requested. 

(5) All notice of special meetings of the Executive Committee shall be ent 

to members thereof at least five days prior thereto by mail or telegraph, and the 

notice of special meetings shall state the purpose thereof. 

ARTICLE 8-QUORUM 

(1) Ten percent or more of the qualified votes of the entire membership is 

required to constitute a quorum for the transaction of any business at any annual 

meeting or any properly notified special meeting. (2) Twenty percent or more of the qualified votes of the entire membershi!-

is required to constitute a quorum for the transaction of any business conducted 

by mail ballot a proYided in Article 13. · (3) A majority of the member of the Executive Committee shall constitute 

a quorum for the tran action of busine s at any annual or special meeting but 

a less number may adjourn a meeting from time to time until a quorum be 

obtained. 

ARTICLE 9-COMMITTEES 

(1) The Executive Committee shall from time to time, subject to confirmation 

by the membership, create standing committees, define their duties and method 

of electing the membership and chairman thereof. They shall designate one 

or more persons who, together with the Commissioner, shall constitute the 

official point of contact with Governmental agencies, and be so certified to 

such agencies. 

(2) Special committees may be created by the Executive Committee from 

time to time to undertake any work of a temporary character within the scope 

of the activitie of the Institute of Plastic Arts. 

ARTICLE 10-TENURE OF MEMBERSHIP 

(1) Each member shall be entitled to participate in the activities of the 

Institute of Plastic Arts and share in its benefits so long as it shall not be in 

default with respect to any obligation required by it to be performed under 

the terms of these By-Laws. 

(2) A member may be suspended or expelled by a majority of the vote of the 

Executive Committee for nonpayment of dues and/or assessments, for noncompliance with these By-Laws and/or for other good and sufficient cause. A 

suspended member may haYe the right to appeal the action of the Executive 

Committee and shall notify the Commissioner thereof, who shall present the 

action to the membership and secure a mail vote either to sustain or rescind 

the action of the Executive Committee. The polls shall be closed at the Commissioner's office thirtv davs after date of notice. 

(3) A member desir-ing to withdraw hall notify the Commissioner in writing 

at least thirty days in advance. The Commi sioner shall notify the other 

members of the proposed withdrawal. If such member be not in default in 

any respect whatsoever in accordance with the terms of Sections 1 and 2 of this 

article, he may be permitted to withdra"·· 

(4) Withdrawals may be accepted only by the Executive Committee. 

ARTICLE 11-ADl\IIS ION 

(1) Any qualified person, firm, partner hip, or corporation may request 

admission into the Institute of Plastic Arts, " ·hich request shall be referred to 

the Executive Committee for i1westigation and recommendation. 

(2) The ExecutiYe Committee shall pass upon such report at its next organization or regular meeting and may pass upon the same at a special meeting not 

specifically called for that purpo e. The Committee may make such investigation as"it deems desirable. 

(3) The Executive Committee's action in regard to admission of a prospective 

member shall be final and the Commi sioner shall within ten days notify the 

prospective member of hi election or rejection to membership in the Institute. 
15 

ARTICLE 12-DUES 

(1) Each member shall within ten days after adoption of these By-La\\'S or 

after date of his admission to the Institute of Plastic Arts, remit to the Commissioner, as such member's share of the annual dues for the operating fund, 

an amount equal to one half of one percent of the amount of his payroll for the 

next preceding calendar year, as provided i,1 Article 4, Section 2; provided 

however, that the minimum dues shall not be less than . 25 per year. 

(2) Annual dues payable by members shall consist of assessments as levied 

from time to time by the Commissioner as outlined in Section 1 of this article, 

and of any special assessment levied in accordance with any provision of these 

By-Laws and approved by the Eexeuctive Committee, and shall be paid within 

ten days after notification by the Commissioner. Failure to thus pay within 

thirty days shall be deemed a default. 

(3) The amount assessed as special assessments on each member shall in all 

cases bear the proportion to the total assessment, as the amount of the payroll 

reported by such member for the calendar year next preceding the date of such 

assessment, bears to the total amount of such payroll reported by all memhers for 

the same calendar year. 

(4) The Commissioner shall from time to time, and not less frequently than 

quarterly, certify to the Executive Committee the total net expenses incurred in 

the operation of the Institute of Plastic Arts. 

ARITLCE 13-VOTING BY MAIL 

Upon the request of four or more members of the Executive Committee, the 

Commissioner may be authorized to take a vote by mail of the entire membership 

on any important matter which should not be delayed until the next regular or 

special membership meeting. The request for such action shall be taken up 

with the Commissioner by any member who will immediately ask the Executive 

Committee for its approval and upon receiving such approval from four or more 

members of the Committee, the Commissioner will then send complete information in regard to the subject to be voted on to all members, giving at least ten 

days time for consideration of the matter before the date set for the actual closing 

of the polls at the Commissioner's office. 

ARTICLE 14-0RDER oF BusiNESS 

At all meetings of the Institute of Plastic Arts and of the Executive Committee, 

the following shall be the order of business: 

(1) Calling the roll. 

(2) Reading the Minutes. 

(3) Purpose of meeting (if special meeting). 

(4) Reports of Officers and Committees. 

(5) Unfinished business. 

(6) New business. 

ARTICLE 15-AMENDMENTS 

(1) The members at any annual meeting or at any special meeting (provided 

notice thereof in wTiting, specifying the purposes of such meeting shall have been 

given) may by two thirds vote of the members present, alter, amend, or repeal 

these By-Laws, providing, however, the Commissioner shall have mailed a copy 

of such proposed amendment to each member at least ten days before such 

meeting. (2) The articles may also be amended by a two thirds vote of the entire membership of this Institute and the vote taken by mail, providing that copy of the 

proposed amendment shall be mailed to each member at least thirty days prior 

to the closing of the polls. 

(3) The result of such mail vote shall be reported to all members within twentyfour hours after the closing of the polls. 

ARTICLE 16-CooE oF FAIR CoMPETITION 

A Code of Fair Competition for this industry as required by Title 1 of the 

National Industrial Recovery Act shall be adopted by the membership, recorded, 

filed with and become a part of these By-Laws. The purpose of the Code shall 

be to bring, insofar as may be practicable, the rates of wages paid within the 

industry to such levels as are necessary for the creation and maintenance of the 

highest practicable standard of living; to restore the income of enterprises within 
16 

the industry to levels which will make possible the payment of such wages and 

avoid further depletion and destruction of capital assets; from time to time to 

revise the rates of wages in such manner as will currently reflect the equitable 

adjustments to variations in the cost of living. 

CHARTER MEMBERS OF THE INSTITUTE OF PLASTIC ARTS 

Milwaukee Ornamental Plastering Co., John B. Casper, 1608 North 6th 

Street, Milwaukee, Wisconsin; Fournier Studio, George J. Peterson, 854~ North 

State Street, Chicago, Illinois; H. M. Stillman & Co., H. M. Stillman, 919 E. 

Garfield Avenue, Milwaukee, Wisconsin; The Fischer & Jirouch Co., George J. 

Fischer, 4821 Superior Avenue, Cleveland, Ohio; Louis Ballauf & Co., Louis 

Ballauf, 632 E. Grand Avenue, Des Moines, Iowa; Jacobson & Co., Victor Jacobson, 239 E. 44th Street, New York City, N.Y.; Voigt Co., A Volker, Jr., 12 Montgomery Street, Philadelphia, Pennsylvania; American Studio, P. K. Kufrin, 

2215 Ogden Avenue, Chicago, Illinois; Victor Berlendis, Inc., Victor Berlendis, 

1425 Kentucky Avenue, Saint Louis, Missouri; Plastic Relief Manufact.uring 

Co., Wm. Hess, 1959 Fulton St., Chicago, Illinois; Southern Plastic Relief Co., 

John H. Bianchi, Dallas, Texas; Grisanti Statuary Co., Z. Grisanti, 304 South 

Campbell, Louisville, Kentucky; Washington Ornamental Co., Inc., Nicholas 

Carosi, Rear 1313 13th Street, NW., Washington, D.C.; Detroit Decorative 

Supply Co., Frank A. Maslen, 4240 14th Street, Detroit, Michigan; McNulty 

Brothers Co., Eugene Romeo, 1028 West Van Buren Street, Chicago, Illinois; 

Decorators Supply Co., R. H. Spindler, 2547 Archer Avenue, Chicago, Illinois; 

Architectural Decorating Co., R. F. Schmidt, 1600 South Jefferson Street, 

Chicago, Illinois. 

I, Edw. Wm. Krueger, Commissioner of the Institute of Plastic Arts, do ·hereby certify that the above is a true and correct copy of the By-Laws of the 

Institute of Plastic Arts adopted at the organization meeting held July 31 and 

A11gust 1, 1933 at 1028 West Van Buren Street, Chicago, Illinois, and in testimony thereof I have hereunto affixed my official signature in the City of Chicago 

on this 4th day of August, 1933. 

EDw. WM. KRUEGER, 

Commissioner. 

INSTITUTE OF PLASTIC ARTS-MINUTES OF THE ORGANIZATION 

MEETING OF THE EXECUTIVE COMMITTEE HELD AT 1028 W. VAN _. , BUREN STREET, CHICAGO, ILLINOIS, TUESDAY, AUGUST 1, 1933 

The meeting was called immediately following the adjournment of the organization meeting of the Institute of Plastic Arts. Mr. Edw. Wm. Krueger presided 

as temporary Chairman. . Present were: George J. Fischer, Eugene Romeo, Victor Jacobson, R. W. Spindler, R. F . Schmidt, Alfred Volker, Jr., John H. Bianchi, Edw. Wm. Krueger. 

The purpose of the meeting was to elect a Chairman and Secretary, pass on 

the applications for "Charter" members received at the organization meeting of 

the Institute of Plastic Arts, and to appoint a committee to attend the convention 

:of the Modelers and Sculptors in Washington, D.C., on August 7, 1933; and also •to confirm election of Commissioner. · Upon motion duly made and carried Mr. R. F. Schmidt was nominated for 

Chairman of the Executive Committee for a period of one year and until his 

successors is duly elected and qualified. 

There being no further nominations, on motion duly made and carried, 

Mr. R. F. Schmidt was elected Chairman of the Executive Committee. ·Mr. R. F. Schmidt then took the chair. 

·; Upon motion duly made and carried Mr. Edw. Wm. Krueger was elected 

Recording Secretary for a period of one year and until his successors is duly 

elected and qualified. 

Upon motion duly made and unanimously carried the following concerns were 

declared "Charter" members of the Institute of Plastic Arts: 

Milwaukee Ornamental Plastering Co., John B. Casper; Fournier Studio, 

George J. Peterson; H. M. Stillman & Co., H. M. Stillman; The Fischer & Jirouch 

·Co., George J. Fischer; Louis Ballauf & Co., Louis Ballauf; Jacobson & Co., 

:Victor Jacobson; Voigt Company, A. Volker, Jr.; American Studio, P. K. Kufri.n; 'Victor Berlendis, Inc., Victor Berlendis; Plastic Relief Manufacturing Co:, 

\Wm. Hess; Southern Plastic Relief Co., John H. Bianchi; Grisanti Statuary Co:, 

Z . . Grisanti; Washington Ornamental Co., Inc., Nicholas Carosi; Decorators 

' 
17 

Supply Co., R. H. Spindler; Detroit Decorative Supply Co., Frank A. Maslen; 

McNulty Brothers Co., Eugene Romeo; Architectural Decorating Co., R . F . 

Schmidt. 

Upon motion duly made and carried, Messrs, A. Volker, Jr., R . F. Schmidt, 

Victor Jacobson, and Edw. Wm. Krueger were elected as a committee to represent 

the Institute of Plastic Arts at the convention of Modelers and Sculptors in 

Washington, D .C., on August 7, 1933. 

Upon motion duly made and carried the election of Mr. Edw. Wm. Krueger as 

Commissioner of the Institute of Plastic Arts by the members of the Institute at 

their organization meeting is hereby confirmed. 

Upon motion duly made and carried the meeting was adjourned. 

Attest: 

Enw. WM. KRUEGER, 

Secretary. 

R. F. ScHMIDT, Chairman . 

INSTITUTE OF PLASTIC ARTS-MINUTES OF THE ORGANlZATION 

MEETING OF THE EMERGENCY NATIONAL COMMITTEE HELD AT 

1028 W. VAN BUREN STREET, CHICAGO, ILLINOIS, TUESDAY, AUGUST 

1, 1933 

The meeting wa called immediately following the adjournment of the Executive 

Committee meeting of the Institute Pla. tic Art . Mr. Edw. Wm. Krueger a cted 

as temporary Chairman. 

Present were: George J . Fischer, Eugene Romeo, Victor Jacobson, R. W. 

Spindler, R. F. Schmidt, Alfred Volker, Jr., John H. Bianchi, Edw. Wm. Krueger. The purpose of the meeting wa to elect a Chairman and Secretary and to 

appoint a committee to file the Code of Fair Competition adopted for the Plastic 

Arts Industry by the Institute of Plastic Art with the proper Governmental 

agencies in Washington, D.C., for the approval of the President of the United 

States. 

Upon motion duly made and carried l\lr. R. F. Schmidt was nominated for 

Chairman of the Emergency National Committee for a period of one year and 

until his successor is duly elected and qualified. 

There being no further nominations on motion duly made and unanimously 

carried Mr. R. F. Schmidt was elected Chairman of the Emergency National 

Committee. Mr. Schmidt then took the chair. 

Upon motion duly made and carried Mr. Edw. Wm. Krueger wa elected 

Secretary for a period of one year and until his successor is duly elected and 

qualified. 

Upon motion duly made and unanimou ly carried Messrs: Alfred Volker, Jr. , R. F . Schmidt, Victor Jacobson, and Edw. Wm. Krueger were elected as a committee to file the Code of Fair Competition adopted by the Institute of Plastic 

Arts for the plaster arts industry with the proper Governmental agencies in 

Washington, D.C., for the approval of the President of the United States. Said 

committee is hereby authorized to represent the Institute of Plastic Arts in all 

matters pertaining to the Code and is vested with the authority to agree to such 

changes in the Code as may be suggested by the President, or his representatives. 

Upon motion duly made and carried the meeting was adjourned. 

Attest: 

Enw. WM. KRUEGER, 

Secretary. 

0 

R. F. ScHIMDT, 

Chairma.n.