Registry No. 1637a-05 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

BARN EQUIPMENT INDUST~Y 

AS SUBMITTED ON AUGUST 30, 1933 

WE DO OUR PART 

I ~ ' ' 

u .. OEP 'rr,~Y 

he"'"7 o<le or the Barn Equipment 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-
SUBMI'ITEID BY 

BARN EQUIPMENT ASSOCIATION 

(II) 
CODE OF FAIR COMPETITION FOR THE BARN EQUIPMENT 

INDUSTRY, AN AFFILIATED ORGANIZATION OF THE 

NATIONAL COUNCIL LIVE STOCK EQUIPMENT ASSOCIATIONS 

PREAMBLE 

The Barn Equipment Association, a national trade a ociation for 

this industry representing in its membership more than 75 percent of 

the production of barn equipment in the United States, by action 

taken at a meeting ·in the City of Chicago on the 15th day of Jun& 

1933, does hereby sub cribe to the policy, provisions, rules, and 

regulations of the National Indu try RecoYery Act. 

The Barn Equipment Association, by unanimous vote at thi meeting, decided to come under the provisions of this act which permit the 

voluntary adoption of a Code of Fair Competition and authorized the 

creation of the Executive Committee of five members of the association to draft and present to the Government for Presidential 

approval the Code which is submitted herewith. 

CONDITION OF THE INDUSTRY 

The products of this industry are sold to the farm.er, largely 

through dealers. Due to the limit€d buying ·power of the dairy 

farmer, this industry has been in an abnormally depressed condition 

for the past several years. With the rapidly decreasing consumption of the products of this industry, competitive conditions have 

been extremely destructive, resulting in severe loss of wages for the 

worker, and in the destruction of capital values and cash reserves for 

the producer. 

WHAT CONSTITUTES BARN EQUIPMENT 

Barn equipment, as used in this Code, includes the following 

items: 

Stanchions, Stalls, Pens, Feed trucks, i1ilk stool , Bull staff , 

Gutter and manger drains, Ventilators, Water cups, Barn crapers, 

Supporting columns, Horse stall equipment, Hay racks, Corner feed 

boxes, Hog pen panel, Cupolas. 

Ventilation ystems for farm buildings including cupola · Litter 

feed, milk can, and harness carriers and accessories ; Kindred item 

~old with the above. 

ORG.ANIZA TION 

The Barn Equipment As ociation wa organized on AuITTJ t 2 

1928 under auspices of the Federal Trade Commi ion and ad I ted 

rule of fair trade practice with approval of the Commi ion on 

July 11, 1929. 

9113-33 (1) 
2 

ASSOCIATION OFFICERS 

The present officers of the Barn Equipment Association are as 

follows: 

President: W. D. James, James Manufacturing Co. Fort Atkinson, Wis. ' 

1st Vice President: H. B. Megran, Starline, Inc., Harvard, Ill. 

2nd Vice President: R. Bruce Louden, Louden Machinery Co., 

Fairfield, Iowa. 

Treasurer: R. C. Mitchell, Mitchell Mfg. Co., Milwaukee, Wis. 

Executive Secretary: H. L. Ashworth, 125 East Wells Street 

Milwaukee, Wis. ' 

EXECUTIVE COMMITTEE 

W. D. James (chairman), President, James Manufacturing Co., 

Fort Atkinson, Wis. 

B. B. Bell, President, Starline, Inc., Harvard, Ill. 

A. E. Labagh, Treasurer, Louden Machinery Co., Fairfield, Iowa. 

Jos. B. Clay, President, Clay Equipment Co., Cedar Falls, Iowa. 

W. H. Miller, Secretary, Ney Manufacturing Co., Canton, Ohio. 

MEMBERSHIP OF ASSOCIATION 

The membership of the Barn Equipment Association, representing 

more than 75 percent of the production of barn equipment in the 

United States, includes the following companies: 

Clay Equipment Co., Cedar Falls, Iowa; Gardner Mfg. Co., Horicon, Wis.; H. D. Hudson Mfg. Co., Chicago, Ill.; King Ventilating 

Co., Owatonna, Minn.; Milwaukee Hay Tool Co., Milwaukee, Wis.; 

Ney Manufacturing Co., Canton, Ohio; Rassmann Mfg. Co., Beaver 

Dam, Wis.; Star line, Inc., Harvard, Illinois; Franklin Equipment 

Company, Monticello, Iowa; Hall Manufacturing Co., Cedar Rapids, 

Iowa; James Manufacturing Co., Fort Atkinson, Wis.; Louden Machinery Company, Fairfield, Iowa; Mitchell Manufacturing Co., Milwaukee, Wis.; Olson Manufacturing Co., Albert Lea, Minn.; Rochester Born Equipment Co., Rochester, N.Y.; Bond Foundry & M:achine Co., Manhein, Penn. 

Manufacturers of barn equipment representing the balance of the 

production of barn equipment in the United States, which have been 

invited to become members of this association but have not yet 

affiliated as members, include the following companies: 

Acorn Brand Mfg. Co., Stevens Point, Wis.; Berg Manufacturing 

Co., Marshfield, Wis.; Fitzgerald Mfg. Co., Merrill, Wisconsin; 

Weise & Kuhlman, Lester Prairie, Minn.; Bell Manufacturing Co., 

Beaver Dam, Wisconsin; Grubb Barn Equipment Co., Baraboo, Wisconsin; Middle West Mfg. Co., Beaver Dam, Wisconsin; Dells Manufacturing Co., Wisconsin Dells, Wis. 

So far as can be determined by this Association the above lists 

of members and nonmembers include all of the factors engaged in 

this industry. 

The Barn Equipment Association, in behalf of this industry, does 

hereby submit and ask for approval of the following Code. 
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THE CODE 

ARTICLE I-PURPOSE 

This Code is set up for the purpose of increasino- employment, 

maintaining fair and adequate wages, and eliminating unfair trade 

practices, to the end of rehabilitating the barn equipment indu try 

in all its phases and enabling it to do its part toward establishing 

that balance of industries which is necessary to the restoration and 

maintenance of the highest practical degree of public welfare. 

It is the declared purpose of the barn equipment industry and 

adherents to this Code to restore the income o:f enterprises within 

the industry to levels which will make possible the maintenance o:f 

fair wages and avoid the further depletion and destruction o:f capital 

assets. 

ARTICLE II-PARTICIPATION 

Participation in this Code, and any subsequent revision of or 

addition to the Code, shall be extended to any person, partnership, 

or corporation in the barn equipment industry who accepts his 

share of the cost and responsibility, as well as the benefit, o:f such 

participation by becoming a member o:f the Barn Equipment Association. 

No initiation or entrance :fee shall be charged for membership in 

the Barn Equipment Association, but there shall be levied against 

all members o:f the association annual dues in the amount o:f $25.00. 

Additional dues needed to finance the activities of the association in 

carrying out and enforcing the Code of the industry shall be levied 

against each member in proportion to the volume of its sales o:f the 

items covered by this Code. 

ARTICLE III-GENERAL 

(1) No provision of this Code shall be interpreted or applied in 

such a manner as to-

( a) Promote monopolies. 

(b) Permit or encourage unfair competition. 

( c) Eliminate or oppress, or discriminate against, small enterprises in the barn equipment industry. 

(2) This Code or any of its provi ions may be cancelled or 

modified or any approved rule issued thereunder hall be ineffective 

to the extent necessary to conform to any action by the President o:f 

the United States under section 10 (b) o:f the National Industrial 

Recovery Act. 

(3) Amendment to this Code may be proposed to the Executive 

Secretary by any member or members of the Barn Equipment A sociation, or may be initiated by the Executive Committee and may be 

adopted by the affirmative vote of a two-thir i majority o:f the member o:f the association, and when approved by the Pr id nt of the 

United States shall be eff ctive. Any amendments propo ed shall be 

submitted in writing to all member of association not 1 s than two 

weeks be:f ore coming be:f ore the association for action. 
4 

( 4) The Executive Committee and the ~xecutive Sec~et~ry <;>f theassociation shall represent the Barn Equipment As ·oc1at10n 1n all 

contacts with the Administrator of the National Industrial Recovery 

Act, or his agents, except if a member of the association shall feel 

aggrieved on account of the provisions of this Code or of an amendment thereto or rule or regulation made pursuant thereto, such member shall have the right directly to present his position to the President of the United States or his duly authorized agent. · ( 5) The provisions, rules, regulations, and restrictions set forth 

in this Code, when approved by the President of the United States,. shall become binding upon all producers of barn equipment within 

ten days after final approval. 

(6) Riqhts of w01·k ers.-(a) Employees in the barn equipment 

industry shall have the right to organize and bargain collectively 

through representative of their own choosing, and shall be free from 

the interference, restraint, or coercion of employers of labor, or their 

agents, in the designation of such representatives or in self-organization, or in other concerted activities for the purpose of collective 

bargaining or other mutual aid or protection. 

( b) No employee in the barn equipment ind u try, and no one 

seeking employment therein, shall be required a a condition of employment to join any company union, or to refrain from joining,. 

organizing, or assisting a labor organization of his own choosing. 

( c) Employers of labor in the barn equipment industry shall 

comply with the 111.aximum hours of labor, minimum rates of pay, and 

other conditions of employment approved or prescribed by the President of the United States. 

( d) It is clearly understood that the foregoing paragraphs do not 

impair in any particular the constitutional rights of the employee· and employer to bargain individually or collectively as may be 

1nutually satisfactory to them; nor do they impair the joint right of 

employer and employee to operate an open shop. 

( e) Nothing in this Code is to prevent the selection, retention, and 

advancement of employees on the basis of their individual merit, as 

determined by employer, without regard to their affiliation or nonaffiliation with any labor organization. 

( f) It is expressly stipulated that neither any provision of this: 

Code nor the fact or manner of its preparation, presentation, adoption, or filing shall be construed as constituting a waiver of any 

constitutional right which the several members of the Barn Equipment Association or industry might otherwise have and enjoy. Any 

such provision which may limit or abrogate any constitutional right 

is inserted under the unavoidable requirements of the National 

Industrial Recovery Act as the same is understood by said _members 

and not voluntarily nor with their approval as a contractual relinquishment of such right. 

ARTICLE IV-ADMINISTRATION 

ENFORCEMENT 

The administration officer of this Code shall be the Executive 

Secretary of the Barn Equipment Association. He shall be required 
5 

to submit and to explain the provi ion , purpo e , and aim. f th 

ode to all produ er of barn equipment, including memb r an l 

nonmemb rs of the Barn Equipment As ociation. _,_ ny pro lucer of barn equipment injured by the violation f thi 

ode shall file with the Executive Secretary a written complaint 

tting forth the facts in the matter and requesting such relief a 

may be just. , The Executive Secretary of the Barn Equipment Asso iation i 

authorized and directe l to enforce vigorously, equitably, and without exception a system of discipline for violators of this Code or any 

of its rule , regulation , or provi ions as follows: 

A fine against violators, in cases where the violation involves a 

ale of barn equipment, of an amount not to exceed fifty percent of 

the e tabli hed price of the equipment sold. A fine against violators, where the sale of equipment may not be 

involved, of an amount not to exceed five hundred dollars ($500). 

The Executive Secretary may use his di cretion, a circumstance 

warrant in substituting an arbitrary fine for the percentage of sale 

plan. 

Violation of any or all rules of the Code may be considered a separate offense for each and every day such rules are violated. 

If found necessary to the welfare of the industry or in support of 

the proper administration of this Code, the Executive Secretary 

may give full publicity to the facts regarding any violation by any 

person of any rule or regulation of this Code, and the hearing and 

determination thereon, without any liability for libel or lander 

arising therefrom. 

Any fines assessed and collected shall be turned into the As ociation Treasury. Such money shall be available :for awarding financial 

damages to any member injured by any violations. Fines collected 

and not so used shall be applied to the Association's operating 

budget. 

Any member of the Barn Equipment Association or any producer 

of barn equipment who is not a member of the association shall have 

the right to appeal from the ruling or decision of the Executive 

Secretary and such appeal shall be heard by a representative Arbitration Committee of at least three persons, such committee to be 

appointed by the Executive Committee of the Barn Equipment 

Association from the organizations of different members of the 

industry. Under this provision a separate Arbitration Committee 

shall be named to handle each appeal and the membership of such 

committee shall be truly representative for the purpose of insuring 

the parties a fair hearing, but shall not include any members of the 

industry connected with or in any way involved in the dispute in 

question. 

The deci ion of uch Arbitration Committees may be appealed by 

either party to the as o iation as a whole and the decision of the 

a ociation shall be final and binding. If such association de ision i 

not accepted and complied with by the complainant or defendant 

the case hall be turned over to the Executive Committee of the 

indu try for ubmi ion to the Admini trator of the ational 

Indu trial Recovery Act. 
6 

STATISTICS AND REPORTS 

The Executive Secretary shall have the power and authority to 

require from each manufacturer of barn equipment from time to 

time such wage and labor reports, information, and records as shall 

be necessary to the adequate administration. and enforcement of the 

provisions of this Code. 

The Executive Secretary shall have the right at all times to 

examine all records of every producer of barn equipment, whenever such inspection is necessary for the adequate administration 

and enforcement of the provisions or this Code. It is definitely 

agreed that any such information obtained by such inspection shall 

be of a strictly confidential nature, except insofar as disclosure of 

the facts so obtained may be necessary to the just administr:;1tion 

of this Code. 

ARTICLE V-HouRs AND WAGES 

The minimum wages paid to male employees shall be 35¢ per hour, 

and to female employees 30¢ per hour, except that apprentices and 

learners may be paid not less than 75% of the above minimum. The 

total of such exceptions shall not be more than 5% of the total pay 

roll; however, any employer in this industry located in a section of 

the country where a lower minimum wage rate has been prescribed 

and accepted by the President of the United States in the code of 

another industry for employees in the same crafts or classifications 

of labor employed in this industry shall have the right to employ 

such crafts or classifications of labor at such lower rate. 

Employees covered hereby ( excluding executives; supervisory 

staffs and their assistants, traveling salesmen, collectors and commission agents, and all employees engaged in the preparation, care 

and maintenance of office, plants, machinery and facilities, efficiency 

research, and designing engineers; planning, stock keeping, order, 

service, and shipping; outside supervisory service and erecting service), shall work not more than 48 hours in any one week and not 

more than 40 hours per week average, excepting regular employment 

reasonably in excess of such standards for not more than 10% of the 

employees in any operation where required by the nature of their 

work and further excepting temporary employment in case of 

emergency. 

It is further understood that each manufacturer shall have the 

privilege of exempting from the provisions of this section a certain 

number of so-called pensioner employees; i.e., employees who by 

reason of age or physical disability are not capable of performing the 

work of an able-bodied man but whom it is desired to retain because 

of their long connection with the business. Such employees shall be 

reported separately in the making of necessary current labor reports 

to the Administrator. 

We further agree that, with the approval of the President, the 

above rates may be revised from time to time in such manner as 

will currently reflect an equitable adjustment to variations in cost 

of living. 

We further agree not to employ any minor under 16 years of age. 
7 

ARTICLE VI-SELLING PRICES 

It shall be unfair competition for any producer of barn equipment to sell his product below his own cost, plus a reasonable profit. 

The cost of goods sold, as mentioned in the preceding paragraph, 

shall include not onlv all direct material and normal direct labor 

,costs entering into the article in question but also a proportionate 

share of all normal indirect costs of the productive process, such as 

management, maintenance, operating, and other overhead expenses 

of both factory and shipping departments plus a proportionate share 

of the normal administrative, advertising, and selling expense of the 

business. 

ARTICLE VII-TRADE PnACTICE RULES 

In asking approval of the trade practice rules adopted by the barn 

equipment industry, attention is called to the fact that the Barn 

Equipment Association adopted rules of trade practice under 

auspices of and with approval of the Federal Trade Commission on 

July 11, 1929. These rules were amended by the Federal Trade 

Commission on September 19, 1930. In Group I are listed rules of 

trade practice previously approved by the Federal Trade Commission, to which the barn equipment industry subscribes and desires 

to use under the National Industrial Recovery Act. In Group 2 

are listed additional rules of trade practice which have been approved 

by the industry as necessary to the effective administration and enforcement of the Code. 

GROUP I 

RULE 1. I nterf erence With Contract.-The wilful interference by 

any person, firm, corporation, or association, by any 1neans or device whatever, with any existing contract or order between a seller 

and purchaser of any product handled by the industry, or the performance of any contractual duty or service connected therewith, such interference being for the purpose or with the effect of dissipating, destroying, or appropriating in whole or in part the patronage, property, or business or another, engaged in such industry, is 

unfair trade practice. . 

RULE 2. l.llisrepresentation.-The sale or offering for sale of any 

product in the industry with intent to deceive customers or prospective customers as to the quantity, quality, substance, or size of such 

product is unfair trade practice. 

RuLE 3. R eoates.-The payment or allowance of rebates, refunds 

credits, unearned discounts, or excessive entertainment, whether in 

the form of money or otherwise, or the giving of premiums, or extending to anyone, public institutions not excepted, special prices, 

terms, services, or privileges not extended to all purchasers under 

like terms and conditions, is an unfair trade practice. 

RULE 4. Price Discrimination.-Any discrimination in price between purchasers of the same class, excepting discrimination in price 

on account of the difference in grade, or quality of the product sold, 

is unfair trade practice. 

RuLE 5. Defa1nation of Character.-The defamation of a competitor by words or acts which call in question his business inteo-rity, 
8 

his ability to perform his contracts, his credit standing, or misrepresentation of the grade, quality, or reliability of his goods is condemned as unfair trade practice. 

RuLE 6. E wcess allowances .-The allowance of transportation or 

trucking charges in excess of the actual or published amount of such 

charges on products is an unfair trade practice. 

RuLE 7. Soliciting Errnployees.-The solicitation of the services of 

Salesmen or other employees of other members of the industry without notice to the employer involved is an unfair trade practice. 

GROUP IT 

RuLE 1. Price Lists.-In the belief that a uniform method of price 

quotations will eliminate a gTeat deal of confusion, will eliminate 

much existing discrimination between purchasers of the same class, 

and will result in mutual benefits to both the producer and consumer 

of barn equipment, the barn equipment industry has agreed that all 

prices published or distributed by the producers of barn equipment 

shall be the manufacturer's net delivered selling price to the 

consumer. 

All producers of barn equipment shall keep on file at all times with 

the Executive Secretary copies of all his price lists on barn equipment. Any producer of barn equipment making changes in his 

price list or lists, or contemplating the issuance of new price lists, 

shall give the Executive Secretary notice of such change or changes 

at least two weeks before date on which new prices are to becomeeffective, and he shall not advise his selling organization (salesmen 

or dealers) of such changes, or contemplated changes, until after the 

Executive Secretary has been so notified. 

Inasmuch as there is a variance in a number of items in various 

lines manufactured by the several members of the industry, it is 

hereby resolved that where a quotation is called for on an item 

not manufactured by a member and he wishes to quote thereon he 

shall quote the published retail price of the manufacturer of such 

item. Likewise on items jobbed, the established price of the manufacturer of such jobbed items shall prevail. On unlisted items fabricated for special installation, Articl~ VII shall be the rule to be 

followed. 

Any violation of this plan by any producer of barn equipment is. 

unfair competition. 

RULE 2. Dealer Discownts.-Definition: The term Dealer for the 

purposes of this Code shall be defined as one operating a place of' 

business, carrying a stock of goods, selling at retail for the purposes of this Code shall be further limited to those dealers who 

handle lines kindred to a Barn Equipment, as·, for instance, farm 

implements and hardware, pumps, windmills; also general stores 

carrying hardware, dealers in lumber, building supplies, farm seeds, 

grains, or feeds. 

Builders, building contractors, carpenters, or cement contractors,. 

whether or not they carry stocks of builders hard ware or barn 

equipment,. shall not be considered as dealers or jobbers and shall in 

no instance be allowed a discount. 
9 

It hall be unfair competition for any I roduc r of barn equipn1ent to allow to a dealer a di count of more than 30 percent off 

·on um r price chedule. 

No producer of barn equipment hall permit hi produ t to be 

handled by a lealer or ao·ent tanding between producer and consumer who violate any of the provi ions or article of hi Code. 

RuLE 3. J obbe1· Discounts.-Definition of Jobber: The industry 

hereby re or 1 it approval of the definition of a qualified wholesale di tributor to be one whose principal busine s is selling to the 

retail di tributor, carrie a well- elected tock of merchandi e, buy 

in suitable quantities, warehou e a reserve stock for retailer within 

a radiu · of economical distribution and convenience of service 

re ell in proper units to the retailer as economically a po sible, 

a ume the credit ri k, and such other obligations as are incident 

to the tran portation, warehousing and di tribution of the products 

of the indu try. 

It hall be unfair competition for any producer of barn equipment to allow a discount to a jobber or a national retail di tributor 

of barn equipment greater than 30 and 20 percent from consumer 

price schedule. 

RULE 4. Consigmnent .-It shall be unfair competition for any 

producer of barn equipment to distribute barn equipment on consignment to any dealer, jobber, or national retail distributor. 

RuLE 5. Terms.-As a safeguard against discrimination between 

con umers, de.aler or jobbers because of unequal tern-is, the Barn 

Equipment industry subscribes to the principle of uniform terms of 

sale and credit. These terms shall be: Not to exceed 60 days, 2% 

in 10 days, 3% for cash with orders, 6% interest on deferred payments. 

Any violation of these terms is unfair competition. 

RULE 6. Freight Rates.-To avoid unfair competition among the 

producers of barn equipment which may develop through differentials on freight rates as a result of the widely scattered locations of 

the manufacturing plants of the producers of barn equipment, the 

barn equipment industry agrees that all price quotations to dealer 

shall be made on the basis of f .o.b. factory or branches, with carload freight rates from factory to branch added by branch hou es 

ea t of Pittsburg, and such increase shall be reflected in the price 

schedules of the producers, and to these prices there shall be added 

l ·s than carload freight rates to the point of destination. 

On sales to jobbers or national retail distributors, all goods halJ 

be sold f.o.b. factory with freight allowed, not to exceed 75 per 

100 pound . 

RULE 7. Plans and Service.-It hall be unfair competition for any 

producer of barn equipment to furni h a ,pro pective cu tom r 

with detailed plan or detailed blueprints of the propo ed in tallations of barn equipment without making an adequate charg f r 

same, but detailed blue prints of an installation are permitted fre 

after a job i sold. Free plan er ice bef or a al hall b on fin l 

strictly to furni hing only floor plan and tock cro ection . 11 

other plan hall be char()'ed for at co t plu a r a onabl profit a 

~ t forth in Article 7. 
10 

It shall be considered unfair competition for any producer of 

barn equipment to provide free installation service or supervisory 

installation service on barn equipment installations. In cases where 

it is necessary for the seller of barn equipment to provide some supervisory service, such service shall be charged for on the basis of cost 

plus a reasonable profit, as set forth in Article 7. 

RULE 8. "Trade lns."-It shall be unfair competition for any producer of barn equipment to accept" ti::ade-ins" of barn equipment, or 

any other type of equipment, materials, property, or supplies to apply 

on the purchase of new barn equipment being sold. The barn equipment industry is agreed that the producer, dealer, or distributor of 

barn equipment has no facilities for disposing of such items and 

believes that the owner of such equipment can himself dispose of it 

to better advantage. This restriction is offered to eliminate a method 

of competition which has in the past proved unfair competition 

between producers and resulted in destructive price cutting. 

RULE 9. Unfair OomP'arisons.-It shall be unfair competition for 

any producer of barn equipment or any of his salesmen or agents to 

carry with them barn equipment. manufactured by another producer, or to show or exhibit same in the sales rooms or sample rooms 

or elsewhere, for the purpose of using same for comparison in sales 

talks to the prospective purchaser. 

RuLE 10. "Distressed M erchandise."-It shall be unfair competition for any producer of barn equipment to quote prices below that 

of producer's published price list on any used, rebuilt, recla.imed, or 

so-called "distressed" merchandise, including close-outs or discontinued items, to any prospective purchaser where there is competitive 

bidding for the contract. 

RuLE 11. Differential on Galmanized Equiprnent.-Quot.ations on 

galvanized barn equipment shall be not less than 20 percent higher 

than quotations on similar painted barn equipment. 

RULE 12. Patents, Trade11iarks, and Trade Names.-No person in 

this industry shall imitate the trademarks or trade names of a competitor which results in deception to buyers and consumers, which 

may be an invasion of property rights of such competitor. The 

circulation of threats of suits for infringement of patent or trademark among customers of a competitor, not made in good faith, :for 

the purpose of harassing and intimidating customers, is an unfair 

trade practice. 

RULE 13. Prodwction Oontrol.-W e agree that, because existing 

productive capacity far exceeds the normal demand, for a period of 

twelve (12) months from the effective date of this Code, not to 

increase our productive capacity except insofar as it might be normally increased through the substitution of new and improved equipment for existing equipment or through more efficient methods of 

manufacture. 

In view of the foregoing agreement we specifically ask that the 

Administrator establish a rule which will make it necessary for 

any concern desiring to undertake the manufacture of barn equipment to show a necessity for such increase in productive capacity 

or that the product he intends to manufacture will better serve the 

public interest than such products as are now available. 
11 

NEW RULES 

In submitting above trade practice rules for approval, the Barn 

Equipment Association desires to be given the privilege of offering 

for approval in the future such additional rules as experience may 

prove desirable, or to amend or withdraw old rules which prove 

unworkable. 

Respectfully submitted for the Barn Equipment Industry. 

Executive Committee of Barn Equipment Association: _______________ (Chairman) ___________________________ _ 

Dated at Milwaukee, Wis., this (Executive Secretary) 

______ day of ------, 1933. 

0 


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