, 1935-03-07

. v RaO&&&AAA&2 4AAA - &AAA AGAhAGA
OF the entire problem prior 70 the
enactment OF such permanent legis-
lation as may then seem desirable
%. The flexible machinery Of code
formulation and administration
should be preserved with the use o!
such instrumentalities Of self
discipline as code authorities per-
mitted. but with express restric-
tions upon the exercise Of any pub
lie authority ty any private body.
a. Provision should be made for
the voluntary submission OF codes,
But codification should be limited
70 -aose trades and industries &C
tually engaged In interstate com
merce. or affecting II SO substantial
ly that the establishment and en-
forcement Of standards Of fair CON-
petition therein are necessary for
the protection OF interstate CON-
merce.
IS. In the approval OF codes OF
fair competition the president should
oe required 70 make findings that
the standards laid down by the
congress had been met. These stand
ards should include clear and prac-
teal definitions and prohibitions OF
monopolies and monopolstic prac-
tees.
"6. The presidents power TO i'm
pose conditions upon his approval
OF a code, or 10 require amendments
or notifications thereof, should be
explicitly given. But the proponents
I Of voluntary codes should have the
right 70 withdraw their consent
from codes 50 modified as 70 be
unacceptable TO them.
"a. There shnrld be a clear grant
OF power 70 the president TO impose
a limited code whenever there Is no
code In effect, which limited codes
should contain only certain require
ments. such az minimum wages,
maximum hour. the prohibition OF
VIGOROUSLY unfair business practices,
provisions 70 prevent the waste OF
natural resources and 10 require
that information be furnished which
Is necessary 70 the public interest.
"5. The congress should itself set
the standards Of minimum wages
and maximum hours for admins
trative application in limited codes
Some f~lexibility in these standards
Is absolutely necessary, but the area
Of executive discretion should be
rather narrowly defined.
is. Provision should be made for
financing code administration so far
as possible by the trade or industry
concerned, subjecting the collection
and administration OF such funds
10 the general approval OF the NRA,
so as TO protect individual and min
ority interests, as well as the public
interest.
10. The provisions in the present
law for voluntary agreements to i'm
prove industrial or labor conditions
should be- preserved.
lin order TO sustain the effec-
tiveness OF codes and agreements.
the use OF insignia and labels should
be authorized, whereby consumers
may assist IN supporting the stand
ards OF fair competition.
10. The present exemption from
the provisions Of the antitrust laws
should be restricted and defined SO
as 70 provide that cooperative activi-
ties. legallzed by code provisions,
shall be lawful only when the codes
themselves have been written In
compliance with the anti-monopoly
requirements OF the act.
"l3. The rights Of employees should
be defined. az al present. IN section
Z ca. which contains a statement
Of principles which are gaining In
general understanding and sccep-
tance and which have already re-
ceived the Interpretation and sane
ticn Of the supreme court.
ia. Various terms In the act
should be clarified by definition.
rs. The general provisions OF Sec
ton s. 8 and 10 should be continued
with some desirable improvements In
language. CTheSe sections deal with
the presidents authority to place
some codes under the AAA. his oil
control authority and his powers 70
prescribe regulations.)
10. The machinery for the
enforcement o. codes should be
strengthened by providing for: ta)
preventing violations by equity pro-
cedure: OBJ making violations Of
codes OF rules punishable only by a
fine; (cl providing for the compro-
mise Of liabilities incurred: (d) au-
thorizing findings OF fact on en-
uloyee complaints as the basis for
expeditions judicial proceedings; (el
making remedies under the Federal
Trade commission act available for
the enforcement Of codes. agree
ments or rules.
cit. IN order 70 maintain the con-
tinuitv OF present codes and az the
same time 70 insure any necessary
revisions. there should be a require
ment that all codes shall be revised
within a limited period Of extension
so IS 70 conform to the requirements
OF the amended act"