Registry No. 1104-02 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

PLAIN WASHER INDUSTRY 

AS SUBMITTED ON SEPTEMBER 2, 1933 

UNIV. 01'· FL UI. 

. ... ..... . " o--

: ---·- U.!. DEPOMTotft' 

The Code for the Plain Washer 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 appro,Jal of 

the Nutional Recovery Administration 

as applying to this industry 

UNIT ED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. 

l ( 

Price 5 cents 

PROPOSED CODE OF FAIR COMPETITION OF THE PLAIN 

WASHER INDUSTRY 

ARTICLE I-DEFINITIONS 

VVherever used in this Code the terms hereinafter in this Article 

defined shall, unless the context shall otherwise clearly indicate, have 

the respective meanings hereina_fter set forth. The definition of any 

such term in the singular shall apply to the use of such term in the 

plural and vice versa. 

SECTION 1. The term "the United States" means and includes all 

of the territory of the United States of America on the North American continent. 

SEc. 2. The term " the President " means the President of the 

United States of America. 

SEc. 3. The term " Plain vVasher " means and includes any 

stamped part having a hole or slot therein for the purpose of fitting 

over a screw, bolt, or rivet and such other parts as are commonly 

known as "washers." The term also includes related products or 

by-products such as round blanks, tool checks, etc. The term does 

not include lock washers, cast iron or malleable iron washers, or any 

other washers not made by the stamping process. 

SEc. 4. The term " the Industry " means and includes the business 

of producing in the United States and selling plain washers. 

SEo. 5. The term "Member of the Industry" means and includes 

any person, firm, association, or corporation operating a plant or 

plants in the United States for the production and sale of plain 

washers. 

SEc. 6. The term " the Code " means and includes this Code 

as originally a pp roved by the President and all amendments hereof 

and thereof made as hereinafter in Article XII provided. 

SEc. 7. Except as otherwise required by the provisions of Section 

4 of Article XI of the Code, the term " member of the Code " means 

any member of the Industry who shall have become a member of the 

Code as hereinafter in Section 3 of Article III provided. 

SEc. 8. The term " the Association " means the Plain Washer 

Manufacturers Association. 

SEc. 9. The term "the Association President" means the President of the Association at the time in office. 

SEc. 10. The term "the Secretary-Treasurer " means the Secretary 

of the Association at the time in office. 

SEc. 11. The term " unfair practice " means and includes any act 

described as an unfair practice in Article VIII. 

SEC. 12. Wherever used in the Code with reference to the Industry 

or any member of the Industry or any 1nember of the Code, unless the 

context shall otherwise clearly indicate, 

(a) The term " products " includes plain washers; 

9927-33 (1) 
(b) Th t rm ' Plant m an a 1 Iant f r th I r du tion f on 

or mor pr du ts in the In lu -try or a plant partially l v t l t the 

pro lu tion of one r mor pro lu t in the indu r · 

( c) Th t rm price ' in lud only pric f r pro lu t produ ed 

in th Indu try; 

( d) Th t rm " wao-es " includ only wage f r lab r p rf orm d 

in th Industry; 

( ) The t rn1 ' labor" mean only labor p rf rm l in th Indu try· 

(f) The term "hours of labor" or "hour of w rk in ·lu le· nl 

hour of labor or hours of work in the Indu try; and 

( o-) The term " employee ' 1nean only an emplo e in the 

Indu try. 

SEc. 14. (a) The term "date of invoice" mean the date f the 

invoice of any product. 

(b) The term "discount for early payment" mean the amount of 

the deduction allowed for the payment of an invoice of pro lucts 

before the expiration of ten days from the date of said in, oi e xcept where a custom has been established in the case of a particular 

cu tomer over a period of years for some other period than t n days 

from date of invoice, such as tenth prox, the term ' di count for 

early payment" shall mean the deduction allowed for the paym nt 

of an invoice of products before the expiration of aid period e ablishecl by custom; provided, however, that in no ca e will thi provision be applied to a new customer. 

( c) The term " an affiliated gToup " means one or more corporations connected through tock ownership with a c01runon I ar nt 

corporation, if (1) at least 75% of the tock of uch corporation 

( except such common parent corporation) is owned dire tly by ne 

or more of the other corpo,r.ations and (2) uch common par nt 

corporation owns dir ctly at lea t 75% of the tock of a l a t n of 

the other corporations. The term " an affiliated con11 any f a 

member of the Code" means (1) a corporation whi h i on f an 

affiliated gToup that .also includes such member of th o l , or (2) 

in case the memb r of the ode is a person, firm r a oci, tion a 

corporation at lea t 75% of the stock of which i o n l b uch 

member. For the purposes of thi paragraph the t rm tock 

doe not include nonvotino- tock whi h i limit d an l pr f rred 

as to dividends. 

ARTICLE II-PURPO E OF THE DE 

E TIO 1. The ode i adopted pur uant to 

tional Indu trial Recovery Act. 

Titl I of th a.-

E . 2. The purp of the Cod i 

Titl I of the ational Indu trial Rec r 

ff tuate th p li , of 

·t in o far a it i 

applicable to the Indu try. 

ARTICLE III-MEM:DER HIP I T THE ODE 

E TIO 1. It i of the n of th d that all memb r of 

the Inclu try which shall 01nply with th provi ion f th ocl 

hall be entitled to participate in its b n fit upon th terms and 

condition set forth in th od . 
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SEc. 2. Any member of the Industry is eligible for membership 

in the Code. 

SEc. 3. Any men1ber of the Industry desiring to become a n1ember 

of the Code may do so by signing and delivering to the Association 

President a statement accepting the Code and agreeing to abide by 

its provisions. 

SEc. 4. The rules and regulations in respect to meetings of members of the Code are as follows : 

(a) A meeting of members of the Code may be called and held 

at any time by members of the Code having the right to cast at 

least 50% of all the votes that might be cast at such meeting, if 

all the members of the Code were present thereat, on not le s than 

three days' notice to each of such members stating the time and 

place of such meeting and the purposes thereof. 

(b) At each meeting of the members of the Code each member 

thereof shall have as many votes as shall equal the quotient obtained by dividing by 10,000 the aggregate amount in dollars of 

the invoiced value of the products delivered by such member for 

consumption within the United States during the preceding calendar year. Fractions in such quotient hall be disregarded; provided, 

however, that each member of the Code shall have at least one vote. 

All questions as to the number of votes which each member of the 

Code shall be entitled to cast at any meeting of the members thereof 

shall be determined by the Secretary-Treasury. Any person or firm 

who shall be a member of the Code may, and any association or corporation which shall be ai member of the Code may vote at meetings of the members of the Code by proxy in writing duly executed 

by such member and filed with the Secretary-Treasurer. Any such 

proxy may be for a specified meeting or be a general proxy for any 

or all meetings that may be held until such proxy shall have been 

revoked by an instrument in writing duly executed by the member 

of the Code which gave such proxy and filed with the SecretaryTreasurer. 

ARTIOLE IV-Houns OF LABOR, RATES OF PAY, AND OTHER Co DITIONS 

OF EMPLOYMENT 

SECTION 1. Pur ·uant to subsection (a) of Section 7 of the National 

Industrial Recovery Act, and so long as the Code shall be in effect, 

the Code shall be subject to the following conditions: 

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

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of emplo._ ers 

of labor, or their agents, in the designation of UC:h. repre entatives 

or in self-organization or in other concerted activ1tie for the purpose of collective bargaining or other mutual aid or protection; 

(b) That no employee and no one eeki?-g employm nt hall_ be 

required as a condition of emplovment to Join any ompan r muon 

or to refrain from joining, organizing, or a sisting a labor organization of hi m, n choosing; and . . ( c) That employers shall comply with the maxunum hour of 

labor, minimum rates of pay, and other condition of employment 

approved or pre cribed by the President. 
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E . -· It i cl arl. r under t o 1 that the foreaoin pan Qrapl do 

n t impair in any particular th on. titutional right. of th employee and employer to bargain in li ·idnally r collectiY ly a may 

be n1utually ati factor to th m. Th election r tention. and alvanc ment of emplo hall b on the ba i of th ir incli viclual 

n1erit, without reo·ard to their affiliation or nona:ffiliation with any 

labor organization. E . 3. It is further under tood that collectiYe bar aining will be 

permitted b the emplo. ee only in onnection with minimum pa , maximum hour , and orking conditions. SEc. 4. On and after the effective date employer hall not op rate 

on a schedule of hours of labor in excess of 40 hours per week per 

employee: Provided, however, that these limitations shall not apply 

to branches of this industry in which seasonal or peak demand or 

breakdown places an unusual and temporary burden upon such 

branche · in such cases such number of hours may be worked as are 

required by the neces ity of the situation; 

l'roviding further, that in no case shall the hours worked in any 

one week exceed 48 hours ; and 

Providing further, that the number of hours of overtime worked 

in any six (6) months' period shall not exceed 32 hours; and 

Providing further, that nothing in the foregoing employment 

provisions shall apply to executi e, administrative upervisory, 

emergency, repair employees, and outside sales and service men. 

It is understood, however that old and partially disabled employees and watchmen are not included in the above labor provisions, 

except that they shall in no case be paid less than 80% of the above 

minimum, and provided that the total of such employees shall not 

exceed two (2) percent of the total number of employees. 

SEC. 5. None of the Members of the Code shall employ in or about 

its plants in the Industry any person under 16 years of age. 

SEc. 6. On and after the effective date, the minimum wao-e that 

shall be paid by any employer to any en1ployee engaged in the processing of products of the Industry and any labor incident ther to, 

shall be 35¢ per hour for males, and 30¢ an hour for females unless 

the hourly rate for the same class of work on July 15, 1929, was 

less than the above specified minimums, in which latter ca e n t 

to pay less than the hourly rate on July 15, 1929 and in no eY nt 

less than 30¢ per hour for males, and 25¢ per hour for females, 

and provided further that learners and apprentices may be paid 

not less than 80% of the above minimum wages for a period of not 

to exceed three ( 3) months ; but the total number of such leal'n r. 

and apprentices shall not exceed 5% of the total number employed 

by any such employer in any calendar month. 

The above minimum wage shall not in any way be con idered 

as a discrimination by reason of sex, and where in an ca e f males 

do ubstantially the ame work, or perform sub tantially th ame 

duties as men, they hall receive the ame amount of wacres a men 

receive for doing such work or performing uch duties. 

On and after the effective date, the minimum acre that hall 

be paid by any employer to all other employees except commission 

sale p ople, hall be not less than at the rate of $15.00 per week 

in any city of over 500,000 population, or in the immediate trade 

area of such city; nor less than at the rate of $14.50 per week in 
5 

any city 0£ between 250,000 and 500,000 population, or in the immediate trade area 0£ such city; nor less than at the rate 0£ $14.00 

per week in any city 0£ between 2,500 and 250,000 population, or 

in the immediate trade area of such city; and in towns of less than 

2 500 population, to increase all wages by not less than 20%, provided that this shall not require wages in excess 0£ at the rate of 

$12.00 per week. 

Such rates 0£ pay shall not, h_owever, be understoo~ to be the 

maximum rates of pay, but, until changed as aforesaid, none of 

the members of the Code shall be required to pay its common laborers in the Industry a rate of pay higher than the rate specified, 

except as such me1nber shall have agreed to pay such higher rate 

in an'y ao-reement heretofore or hereafter made by such member 

with its e111ployees. 

In the case of employees (not including apprentices and learners) 

performing work for which they are paid per piece of work performed, the minimum rate of pay which each member of the Code 

shall pay £or such work shall be sufficient to produce at the average 

rate of performance of such work at the time prevailing at the 

plant of such member where such work is performed the minimum 

rate of pay her hour provided in the Code for common labor. 

ARTICLE V-PRODUCTION AND NEW CAPACITY 

SECTION 1. It is the consensus of opinion in the Industry that it is 

not necessary, in order to effectuate the policy of Title I of the 

National Industrial Recovery Act, to make any specific provision in 

the Code for controlling or regulating the volume of production in. 

the Industry or for allocating production or sales among its members. 

It is believed that the elimination of unfair practices in the Industry 

will automatically eliminate. any overproduction therein and any 

alleged inequities in the distribution of production and sales among 

its members. 

ARTICLE VI-ADMINISTRATION OF THE CODE 

SECTION 1. The administration 0£ the Code shall be under the 

direction of the Code Committee. The Code Committee shall have 

all the powers and duties conferred upon it by the Code and generally all such other powers and duties as shall be necessary or proper 

to enable it fully to administer the Code and to effectuate its 

purpose. 

SEc. 2. The Secretary-Trea urer shall act as Secretary Treasurer 

under the Code and, under the direction of the Code Committee, 

he shall have custody of, and have charge of the disposition of all 

funds collected under the Code ; and he shall keep proper books of 

account showing the collection and disposition thereof. 

SEc. 3. The expenses of administrating the Code shall be borne by 

the member thereof. The Code Committee may from time to time 

make such asse sments on account of such expenses against the members of the Code as are necessary and such assessments shall be pavable as such Committee shall specify. The part of such expenses 

whi~h shall be a ·sessed against each member of the Code shall bear 

the same relation to the total thereof as the number of votes which, 
6 

ARTICLE VII-PRICE A D TERl\I OF p A Y.<\IE..1. TT 

ECTION 1. Each member of the Code shall, -n ithin ten da · after 

the effecti e date of the Code file with the Secretar -Trea urer a 

li t of di count for its tandard wa hers, and from and after the 

expiration of such ten days uch member shall at all time maintain 

on file with the Secretary-Trea urer a list showing the di count for 

it tandard wa hers an l shall not make any changes in uch discount except a hereinafter pr vided. Each such li t hall tate 

the late upon whi h it hall become effectiYe ,Yhich elate hall b not 

less than ten clay after the elate of filing u h li t with the ecr taryTrea urer; proYi l cl, however, that the fir t list of di count file l 

by any member of the ode a above pro, ided hall tak ff t on 

the lay of filing ther of. one of the discount hown in any li t 

filed by any memb r of the Code as h rein provided hall be hang d 

except by the filing by uch member with the cretary-Tr a urer 

of a new li t of it di count , which hall become effecti e on the 

effective elate ther in specified which hall not be 1 than t n lays 

after the date on which uch new price li t hall hav been o filed. 

EC. 2. All pri quoted an l ill 1 by an member of th o le 

for any pro luct old by uch m mb r from and aft r ten da.' after 

the effective date of the o le hall b deliv r cl prices. 

othing in thi Code shall affect xi tino· contract durincr the 

remain l r of the life of uch contract . 

. On the complaint of any thr e member of th ode th 

Cod mmitt e hall hav th pow r to inY tigat any li unt 

or any pro luct h , n in any li t filed with th -r tar -Trea urer 

by any m mb r of th od wh r it i u p ·t d that u h m mb r 

is llin an pro lu t b 1 w h a tnal manufa turin · t. For 

the purpo. · of th in tigati n th r of th od ommitte may 

r quir . uch n1 mb rt furni h such information concerning the cost 

of manufa turino- u h pr du t a th cl mmitt hall 1 m 

nee · ·ar. r prop r f r u h purpo If th d ommitt after 

u h in ti ati n hall det rmine that u h di count er at d an 

unfair pri for uch product, having regard to the cost of n1anufac-
7 

turing uch product, and that the maintenance of such unfair discount may result in unfair competition in the Indu try, the Code 

Committee may require the member of the Code that filed the list 

in which uch unfair discount i shown to file a new list showing a 

fair di count for such product, which fair discount shall become 

effective immediately upon the filing of such li t. If such member 

of the Code shall not within ten days after notice to it of uch determination by the Code Committee file a new li t howing ·uch fair 

di count for such product the Code Committee shall have power to 

fix a fair di count for such product, which fair discount however 

shall not be more than the discount of any other 1nember of the Code 

at that time effective for such product and in respect of which a Code 

Committee shall not theretofore have beo-un an investigation or a 

complaint shall not have been made by any member of the Code. 

'\Vhen the decision of uch Code Committee fixing such discount 

shall have been filed with the Secretary-Trea~urer and the SecretaryTreasurer hall have given notice thereof to uch member, uch fair 

di count shall be the discount of uch member for such product until 

it hall have been changed a in the Code provided. 

SEC. 4. The maximum rate of discount for early payment which 

may be allowed by any member of the Code shall be one percent and 

the standard terms may be allowed by any member of the Code shall 

be thirty days. Nothing in the Code contained shall prevent any 

member of the Code from allowing credit to any purcha er or allowing any purchaser to delay payment in respect of any invoice for a 

longer period than the standard terms. 

SEc. 5. Any extras added to, and any deductions 1nade from, the 

li. t price for any product sold by any member of the Code in determining its quoted or billed price for such product shall be uniform for all members of the Code. In case any member of the Code 

shall ell any product to which any such rate of extra or deduction 

hall apply, uch member shall add an extra at a rate which will not 

be le. than the rate of extra applicable to such product a afore aid 

and at the time in effect and none of the members of the Code shall 

make any deductions at a rate that hall be more faYorable to the 

purchaser of such product than the rate of deduction applicable to 

such product theretofore approYed by the members an l at the time 

in effect; provided however, that nothing in the Code contained 

shall be so construed as to prevent any member of the Code from 

selling or contracting to ell any product for u e by the purcha er 

thereof in the manufacture of articles for shipment in export trade 

within the meaning of the term " export trade " as it is u eel in 

the Export Trade ct under an agreement by uch member of the 

Code with such purchaser that, when such articles shall haYe been 

shipped in such export trade, such member of the Code shall make 

an allowance at a rate which shall be uch to enable uch member of 

the od or uch purcha er to meet forei<1n competition in the deliYery of uch product or uch articles, as the ca e may be. 

EC. 6. A sale made by any member of the Code indirectly through 

any affiliated company of such member shall be deemed to be a sale 

made by such member. 

SEc. 7. Nothing in the Code contained shall be deemed to apply 

to or affect the sale of any product for direct shipment in export 

trade by any member of the Code within the meaning of the term 
' export trucl a it i u d in the Export Trade 

to th e t nt that the de ommi t e hall otherwi e cl t rmine, 

the al f any product by any such m mber for dir ct hi1 m nt 

t th Philip1 ine Hawaii or Pu rt Ric or th r in ~ular 

ions of the United States of Ameri a. 

ARTICLE VIII-U F Mr. PRACTI E 

ECTION 1. For all purpo e of the Code th act de crib cl below 

together with other acts specifically mentione =t in the od hall ontitut unfair practices. Such unfair practice. hall be d me l to 

be unfair method of competition commerce within the m aning of 

the Federal Trade Commission Act as amended and the u ina or 

employing of any of them shall be deemed to be a violation of th 

Code and any member of the Industry which hall directly or indirectly through any officer employee aO"ent or repre entatiY , knowingly use or employ any of such unfair practices shall be o-uilty of a 

Yiolation of the Code. 

(a) ::Making or promising to any purcha~ r or pro pective purcha er of any product, or to an officer employee ao-ent, or r presentative of any such purcha er or pro pecti e purchaser any bribe, 

gratuit_y, gift or other payment or remuneration directl or 

indirectly. 

(b) Procuring, otherwise than with the con ent of any member 

of the Code, any information concerning the business of uch member which is properly regarded by it as a trade secret or confidential 

within its organization other than information relating to a violation 

of any provision of the Code. 

( c) Imitating or simulating any design style, mark, or brand 

used by any other member of the Code. 

( cl) U ing or substituting any material uperior in quality to that 

specified by the purchaser of any product or u ing or ubstituting 

any material or any method of manufacture not in accord with any 

applicable law rule or regulation of any O"OVernmental anthori(\. 

( e) Cancelling in whole or in part or permitting the ancellation 

in whole or in part of any contract of ale of any produ t, ex ept 

for a fair consideration or paying or allowina to any purcha. er in 

connection with the sale of any produ t any rebate, comm1 . ion, 

credit, di. rount adju tn1ent, or ·imilar conce ion other than a is 

permitted by the Code and specified in the contract of sale. 

(f) Di s minatin , publi hinrr, oi· circulating any fal e or misleading information relative to any product or price for any product of any m mber of the Code, or th redi standing or ability 

of an. memb r thereof to p rform any work or manufacture or 

produc any product or to the ondition of emplo m nt amon 

the employ of any m mb r thereof. 

(g) In lucing or att mpting to jnduc by any mean. any party 

to a contra t ith a memb r of th Cod to vi lat uch onirnct. 

(h) Aiding or abettinO" any per on firm, a sociation or orporation in any unfair practice. 

(i) Making or givinO" to any purcha er of any proclu t an. guarant r prote tion in an. form again =t clin jn the mark t price 

of such product. 
9 

(j) Stating in the invoice of any product as the date thereof a date 

later than the date of the shipment of such product, or including in 

any invoice any product shipped on a date earlier than the date of 

such invoice. 

(k) 1\Iaking any sale or contract of sale o:f any product under 

any clescription which does not fully describe such product in terms 

customarily used in the Industry. 

(1) Rendering to any purchaser of any product in or in connection 

with the sale of such product any service, unless fair compensation 

for such service shall be paid by such purchaser. 

(m) Any violation of any provision of the Code, whether or not 

therein expressed to be, such, or using or employing any practice not 

herein described which the members by the affirmative vote of three 

fourths shall have declared to _be a practice that would tend to defeat 

the policy of Title I of the National Industrial Recovery Act and, 

therefore, an unfair practice, and of which determination by such 

members the Association President shall have given notice to the 

members of the Code and to the President. 

(n) Making a contract to sell products to a purchaser which is 

not as equally binding upon the purchaser as upon the seller. vVithjn the meaning of this provision, a contract to sell made by any 

member of t11e Code with a purchaser will constitute an unfair 

practice unless the contract binds the purchaser: 

(1) To a definite quantity of product within a given time. 

(2) All the requirements of the purchaser for a specified product 

within a given time. 

ARTICLE IX-REPORTS AND STATISTICS 

The Code Committee shall require the members of the Code from 

time to time to furnish such information as shall be necessary for de-- termining assessn1ents and the number of votes each member is entitled 

to. Such information is to be held strictly confidential; and no pub--

lication thereof to anyone or in any manner shall be made other than 

in combination with similar information furnished by other me1nbers of the Code! 111 which case, the publication shall be made only in 

such manner as will avoid the disclosing separately of such confidential information. 

ARTIOLE X-PENALTIES AND DAMAGES 

SECTION 1. It is hereby agreed by and among all members of the 

Code that each member of the Code which shall violate any provision of the Code shall pay the Secretary-Treasurer as and for 

liquidated damages a sum of $.50 per hundredweight for any 

product sold by such member in Yiolation of any such provision. 

SEc. 2. Except in cases for which liquidated damages are fixed 

in the Code and in cases which shall give rise to action in tort in 

favor of one or more members of the Code for damages suffered 

by it or them, the Code Committee shall have the power from time 

to time to establish the amount of liquidated damages payable by 

any member of the Code upon the commission by such n1ember of 

any act constituting an unfair practice under the Code. Upon the 

<·ommission by any member of the Code of any act. constituting an 
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o l an l for whi h liquidat •tl damag 

de or which doe · no giv ri.· t an a ,ti n 

ne r n1or member.· of th 011 for <la mag 

uff r 1 by it or th m, . nch mcmb r - shall 1i liabl t pa:v t th ~ r ar r-Tr a ·urer liq1i la cl damao-e in th amount at tlP tim 

e.·tabli h .db: the o<.1 ommitt f r · 1 h unfair l racti<' . E . · . All amount o pai 1 t or olle ·t cl by the cretary-Tr ~ ·- ur r und r thi rticle ..t...,.. or under ection 4 of rhedul F of the 

cl hall b hell and clispo el of by him a part of the fund 

coll cte l uncl r the ode and ach memb r of the ode not g 1ilty 

of the unfair pra ti e in re p ct of which any uch amount hall 

hav be n pail or collected hall be credited with its I ro rata f 

su h am unt n account of any and all a e n1ents ( other than damao-e for Yiolation of any provi ion of he Cod ) due or to b me 

due from uch member under the Code, such pro rata share to be c mput cl on the same ba is as the last previou a e ment made ao·ain t 

uch 111ember on account of the expenses of admini -tering the ode 

as hereinbefore in Section 5 provided. All rights of an. T per on who 

shall at an time be the Secretary-Trea urer in respect of any 

amounts which hall be payablye to him becau e of the commi ion 

by any member of the Code of any act con tituting an unfair practice under the Code, whether payable under the provision of thi 

Article X or under any other provision of the Cocle, hall pa to 

and become ve ted in hi ucc sor in office upon the appointment 

of such successor. 

SEo. 4. Each member of the Code by becoming uch member ao-ree 

with every other 1nember thereof that the Code con titute a valid 

and binding contract by and among all members of the Code and 

that, in addition to all penalties and liabilities impo eel by statute, 

any violation of any provi ion of the Code by any m~mber ther of 

s_hall con titute a breach of such contract and hall ubJect the 111 m- ber guilty of such violation to liability for liquidated damao-e pursnant to the provi ions of th Code. Each member of the o l by 

becoming su h member thereb assigns transfers, and deliver to 

the ecretary-Trea urer as an individual and not a ecr taryTrea ur r of the sociation, in tru t all rio-ht and au.e f action whatsoever which shall thereaft r ac -rue t uch member under 

the ocle for u h liquidated clamao-e by rea on of an. vi lati n of 

th ode l. any oth r m mb r thereof an l th reb de. io·nat and 

a1 p int , the ecretary-Tr asurer a uch indivi lnal th true and 

lawful attorn y-in-fa t of u h 1nember to cl nan l, ·ue for, collect 

and re· jl t f r any an l all an1ount whi h hall b owing to . u h 

m mber in r . p ct of any uch right or au e of a tion and to c mpromi , ettl , a ti ·fy an l di charge any u h ri ')'ht or can e of 

a tion, all in th name of such n1emb r or in the name of the ecr - tary-Tr .a urer individually a he shall el ct. 

EC. 5. n thin · in th ode to th contrar notwith.tan lino- he 

Cod ommitt by the affirmative vote of two tbir 1 of it· m mb r. 

n ay waiv an. liability for liqui lated clamag impo. cl b. or pursuant t any l rovi ·ion f th ocl for an vi lation of any provi.-ion th r of if in i <.li cretion it ·hall cl ·id that . uch Yiolati n 

wa · inno ntl ma 1 and that th 11 d:ion t . u ·h <lama · ,' will 

not to any mat rial xt nt t n l to ff tnat th poli · f Titl I o.f 

th ational Indu -trial R cov 1· 
11 

ARTICLE XI-GENERAL PROVISIONS 

SECTION 1. Any notice, demand, or request required or permitted 

to be given to or made upon any member of the Code shall be sufficientl_y given if mailed postage prepaid addressed to such member at 

the address of such member on file with the Secretary-Treasurer. A 

waiver in writing signed by any member of the Code of any such 

notice, demand, or request and delivered to the Secretary-Treasurer 

shall be deemed to be the equivalent of a notice, demand, or request 

duly given or made, whether or not such waiver was signed and 

delivered before the time when such notice, elem.and, or request was 

required or permitted to be given or rn.ade. 

SEc. 2. Nothing contained in the Code shall be deemed to constitute the members of the Code partners for any purpose. None of 

the members of the Code shall be liable in any manner to anyone for 

any a.ct of any other member of the Code or for any act of the 

Code Committee, Association President, or the Secretary-Treasurer, 

or any committee, officer, or employee appointed under the Code. 

None of the members of the Code Committee or of any committee 

appointed under the Code, nor the Association President, nor the 

Secretary-Treasurer, nor any officer or employee appointed under 

the Code shall be liable to anyone for any action or 01nission to act 

under the Code, except for his wilful misfeasance or nonf easance. 

Nothing contained in the Code shall be deemed to confer upon anyone other than a member of the Code any right, claim, or deinand 

whatsoever against any member of the Code or against any member 

of the Code Committee or of any committee appointed under the 

Code or against the Association President or the Secretary-Treasuret 

or any officer or employee appointed under the Code. 

SEc. 3. As soon as members of the Industry which would, if then 

members of the Code, have the right to cast at least 75% of all 

the votes that might be cast at a meeting of the members of the 

Code, if all members of the Industry were then members of the 

Code and present at such meeting, shall approve of the Code, the 

Code shall be submitted to the President pursuant to the provisions 

of Title I of the National Industrial Recovery Act, and upon the 

approval of the Code by the President pursuant to the provisions 

of such Title I, it shall constitute a binding contract by and among 

the members of the Code, and the provisions thereof shall be the 

standards of fair competition for the Industry; subject, however, to 

amendment or termination as hereinafter in Article XII provided. 

SEc. 4. To the extent required or permitted by or under the provisions of Title I of the N at.ional Tndu trial Recovery Act the 

provisions of the Code shall apply to and be binding upon every 

member of the Industry, whether or not uch member shall be a 

member of the Code. To the extent that it shall be necessary or 

proper in order to effectuate the purpose of the Code, the term 

"member of the Code", wherever used in the Code, shall be deemed 

to mean a member of the Industry, but no member of the Industry 

which shall not also be a member of the Code shall be entitled to 

vote at any meeting of members of the Code or to any other right, 

power, or privilege provided in the Code for the members thereof. 

SEc. 5. The Code Committee shall have power from time to time 

to interpret and construe the provisions of the Code, including but 
1 .... 

without any limitati n u1 on 1.h f n·eo-oing, th pow r to c.let rmine 

what n r I rodu ·t within th m aning of tha term a it i. · us ·d in 

1.h ocl . n intcq r tation or on trn ·tion plac d lll on the 1ode 

b T th l C mmittee hall b final an l con ·h1 ~·iv upon all m mb .. r 

of th ode. 

EC. 6. Pur uant to nb ection (b) of ection 1 of th 

Indu trial RecoY ry ct, the P1· ident ma fron: time to time ·ancel or modify any order appro al, licen rul or reo-ulation i · u l 

under Titl I of aid ct. 

ARTICLE XII-AMENDMENTS-TERMIN TION 

The Code may be amended at any time in the manner hereinafter 

provided. Any amendment may be propos d by two members of 

the ode. Each amendment o propo ed shall be ubmittecl to a 

meeting of the members of the Code which shall be called for such 

purpose upon notice given in accordance with the proYi ion of 

ection 4 (a) of Article III and Section 1 of rticle XI of the 

Code. If at uch meeting members of the ode having the right 

to ca t at least 75% of all the votes that might be cast at such meeting, if all the men1bers of the Code were present th reat, hall Yote 

in favor of the adoption of such amendment, such amendment shall 

be submitted to the President for approva\, if approval thereof by 

him shall then be required by law. Every such amendment shall 

take effect as a part of the Code upon the adoption thereof by the 

members of the Code as above provided and the approval thereof 

by the Pre ident, if approval thereof by him shall be required a 

aforesaid. 

The Code shall continue in effect until September 16, 1935, or 

until the President declares by proclamation that the emergencies 

appointed no longer exist as provided for in Title I of t1ie National 

Industrial Recovery Act, in which case it shall continue in effect for 

a period of 90 days after the effectiYe date of uch proclamation r 

unle Title I of the National Industrial Recovery \.ct shall be 

repealed, declared invalid, unconstitutional or in any other way 

become inoperative in law, in which case the Code hall continue in 

effect for a period of 90 days after the date of such termination; 

provided, however, that if the Industry feel that th ode i of 

mutual benefit the Code may be continued beyond the termination 

date above provided by the affirmative vot 0£ 75% of the member 

of the Code. It may be terminated at any time after the expiration of such a period by the same action by memb r of the d a 

i above provided for the amendment thereof. Wh n term in at d 

in any mann r all obligations and liabilities under the Code hall 

cea e except those for unpaid assessments theretofore made in accor lance with the provisions of the Code and tho e for liqui lated damages thereto£ ore accrued under any provision of the Code. 

0 

UNIVERSITY OF FLORIDA 

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3 1262 08582 9884