The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-02-16
WRITER'S GIVEN
ORAL SPANKING
AT WHITE HOUSE
Retail Merchants to Approve
Amended S-NRA Bill,
Is Belief.
DRAFT CHANGE IN LAW
Proposed Amendment viii
Be Given Committee, Say
Assembly Heads.

Approval OF Ine OCdCe
NRA bill by retail merchants
and department stores of In
dianapolis and the state
seemed virtually assured
today as an amendment to
further modify the Gloss
leader" section of the bill was
to be given leaders of the
Senate, where the proposed
act is in committee.
The amendment, the second to be
offered to meet criticism Of this
section of the bill, was written in a
conference between Francis Wells,
assistant executive state NRA COM
pliance director, representatives of
the retail dry goods merchants Sec
ton of the indianapolis Chamber
of Commerce and T. M. Overley,
Better Business Bureau head.
The new amendment clarifies the
meaning of loss leaders" and spe-
cif1cally sets out types of merchan-
disc that shall be listed as 'loss
leaders,
The original 'loss leader" section
carried price fixing powers which it
granted to Gov. Paul V. McNutt.
The House of Representatives
struck out the clause and Substi-
tuted short paragraph dealing
wholly with "loss leaders," but did
not define or exempt any type of
merchandise.
Amendment Is Drafted
The proposed amendment to the
section, which the Senate Judiciary
B Committee is expected to receive
is follows:
1.-The use of loss leaders as here
matter defined, in any business
transaction, including those of a
strictly intra-state character, shall
be deemed an unfair method of
competition and a violation of this
act; provided, however, that any
business establishment shall have
the right to meet any prices by a
competitor which have been eStab-
lished in accordance with the pro-
visions of tais act.
provided further that the pro-
visions of this section (Section I'D
shall not apply to merchandise sold
at a price less than the commodity
and marketing cost thereof if such
merchandise is sold as bona fide
clearance and is advertised, marked
and sold as such; highly perishable
merchandise which has been eX-
posed for sale for at least twelve
hours and which is certain to de-
preciate in value if not sold prompt
ly; bona tide discontinued lines of
merchandise, if advertised, marked,
and sold as such; merchandise sold
upon the final liquidation of any
business, and any other class Of
merchandise specifically exempted
by the loss limitation provisions, if
any, Of the applicable national or
state code of fair competition"
C.. of c. Attitude Stands
Although the amendment will not
change the attitude Of the Indian
apolis Chamber of Commerce.
toward the bill it will mean, in
the opinion of one chamber Of
fetal, that retail merchants will
look with more favor on the meas
ure with the loss leader" section
corrected and amended to CORE
spond with business conditions and
practices.
Two additional important amend
ments, one drafted al the meeting
which Mr.. Wells attended, will be
proposed in a section affecting con-
tractors and a proposed amendment
of division of the city Chamber OF
Commerce for the inclusion Of a
clause in the collective bargaining
or Section IA division of the state
bill, preventing the coercion of en-
ployes from any source to join any
organization for bargaining with
employers.
1t is understood, however, that
the amended section applying to
awarding of contracts on state and
municipal projects and the prevail
ing wage scales to be paid will not
be included in the state NRA bill,
but is offered in lieu of the present
section as less Objectionable.
Definition Is Changed
The new section provides that
wages for skilled and unskilled
labor shall not be more than the
minimum provided in the national
code of fair competition, or region
al agreement approved by the
President; nor can the committee
can agency deciding wage scales
on municipal and state projects
require that more than the minima
effective at time of contract letting
be paid"
In the present section of the let
ting of public contracts the bill pro-
vides that wage scales shall not be
Less than the nlinima provided
:. in the national c4le OF fair
competition"