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BOSTON PUBLIC LIBRARY 



■^/557pt 1- 



3 9999 06542 030 7 



OFFICE OF NATIONAL RECOVERY ADMINISTRATION 
DIVISION OF REVIEW 



THE CONTENT OF NIRA ADMINISTRATIVE LEGISLATION 
PART F: A TYPE CASE: THE COTTON TEXTILE CODE 

By 
Ruth Aull 



./ 



WORK MATERIALS NO. 35 



Work Materials No. 35 falls into the following parts: 



Part A 
Part B 
Part C 
Part D 
Part E 
Part F 



Executive and Administrative Orders 
Labor Provisions in the Codes 
Trade Practice Provisions in the Codes 
Administrative Provisions in the Codes 
Agreements Under Sections 4(a) and 7(b) 
A Type Case: The Cotton Textile Code 




Special Studies Section 
February. 1936 



■^ 







OFFICE OF IJATIOIvTAL 3EC0VEHY Am; I WIS TEAT I Oil 
DIVISION OF KEVIEW 



TlIE OOIiTMT OF IIIEA AI).,J1JIST:IA.TIVE LEGISLATION 
PART P: A TYPE CASS: THE COTTOII TEXTILE CODE. 

By 

Eat:.! Aull 



Special Studies Section 
Fe"bru8,ry, 1936 



9721 



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FOREWORD 

Tlio o'hQeci of this stucV is to set forth in convevenicnt form the 
su "bstaiitive content of administrative legislation under the authority 
of Title I of the National Industrial Recovery Act as found in the or- 
ders, codes and agreements. Part A, prepared hy Ruth Aull , is concerned 
with Executive and Administrative Orders and, in some cases. Office Or- 
ders and I.iemoranda, legislative in nature; Part B, prepared hy Ruth 
Reticker, with the lahor provisions in the codes; Part C, prepared hy 
Daniel S. Gerig, Jr. and Beatrice Strashurger, with the trade practice 
previsions in the codes; Part D, prepared hy C. W. Putnam, with the ad- 
ministrative provisions in the codes; Part E, prepared "by Ruth AiJ-l, 
with the provisions of agreements under Sections 4 (a) and 7 (h); and 
Part F, prepared hy Ruth Aull, with a type case: the Cotton Textile Code. 
The vrork under the general charge of G C Gamhlc, Coordinator of the 
Special Studies Section. 

Title I of the national Industrial Recovery Act delegated to the 
President unpreceden ted powers vdth respect to regulation of industry 
and trade. The theory of the Act was that through the sponsorship of 
codes "by trade or ind.ustrial associations or groups, and through volun- 
tary agreemen ts, such regulation would he cooperative v;ith industry and 
trade. 

By Section 2 (h) of the Act the President was authorized to dele- 
gate any of his functions and powers to such officers, agents, and em- 
ployees as he might designate or appoint. This power of delegation was 
widely exercised and through the a,dmini strati vc activities of the 
National Recovery Administra,tion, estahlished hy the President under 
Section 2 (a) of the Act, 557 so-called, industry or trade codes and 188 
codes supplementary to the hasic codes came into heing. These codes 
were approved under the authority of Section 3 ( a) of the Act. In addi- 
tion a smaller hut none-the-loss considerahle nuiTiter of agreements was 
entered into under Sections 4 (a) and 7 (h) exclusive of the President's 
Reemployment Agreement, hased on Section 4 (a), which was "accepted" 
hy more than 2,000,000 employers. The codes were to he as hinding as 
any Act of the Congress, and the codc-malcing adi'nini strati ve processes 
under the Act i:ay aptly he descrihed as suh-legislative . . 

The Supreme Court in its decision oil, the Schecter case, which 
terminated the existence of the codes, referred to the legislative as- 
pects of the code-making process in saying: 

"It ( the statu tory plan) involves the coercive exercise 
of the law-making power. The codes of fair competition 
which the statute attempts to authorize are codes of laws. 
If valid, they place all persons within their reach under 
the ohligation of positive law, hinding equally those who 
as sen t and those who do not assent." 

The agreements entered into under the Act, at least with respect to 
the adiHini strati ve steps leading to approval, were less clearly legis- 
lative, hut the agreements under hoth Sections 4 (a) and 7 (h) consti- 
tuted,., to the extent they were used, the detailed and sauhstantive 

9721 -i- 

13 My 3&g 



expression of tlie legislative intent, furthermore, the position .taken 
■by the national Recovery Aciministration t]\at the phrase "same effect as 
a code of fair competition" used in Section 7 (h) referred to the fact 
■ that the agreement when approved should. carry the penalty prbvisio^ns; of 
the Act, would, if sustained, give such agreements Icr^lslative -aspec'.ts 
identical vdth those of the codes. ' ■ .. ,. j ,,- .'.'.;■ 

In the administration of the hational Indxistri'al Hccovery Act -many 
orders were issued which affected the actions or interests of persons 
not connected v/ith the National Hecovery Administration or affected the 
provisions of codes The Executive Oners issued hy the President and 
the Administrative Orders issued hy the Ac'ministrator for Industrial Re- 
covery or in the naime of the Rational Industrial Recovery Board hearing 
on the administration of Title I of the. Act were, with a few exceptions, 
issued under the authority of the Act itself or under the delegation of 
power permitted hy Section 2 (h) . A substantial percentage of such or- 
ders, through the nature of their provisions, were legislative. Within 
the KFational Recovery Adjministra,tion Office Orders or Office Hemoranda 
were issued primarily as instructions to or for the gaidajice of the per- 
sonnel of the organization or for the purpose of cstahlishing parts of 
the organisation. So-ie of these orders nevertheless contained provisions 
or requirements which directly affected code provisions cr indicated re- 
quirements upon memhers of industry aiid in their scope seemingly may he 
called legislative in nature. 

It will "do observed tha.t the provisions of tiie hational Industrial 
Recovery Act constituted a ver.7 sinall portion indeed of the groat volume 
of administrative legislation ui-ider the Act. Tl'ie su hstancc of the ad- 
ministrative legislation is .to he found in documents formulated from 
various types of administrative action. 

The study is not concerned with evaluation of this administrative 
legislation; it is not concerned with evaluation of its consequences. 
Such issues are treated in other studies. This study is confined to a 
statement of the content of the IIIRA •ad-'iinistrativc legislation. 

At the hack of this report a hricf statement of the studies under- 
taken hy the Division of Review will he found. 



■■ ■' L. C. Marshall 

Director, Division of Review 

February 29, 1936 



9721 



-11- 



K3_C_roT^-^TT_0I':.JTIlA,ia>JXIS.TiiATAm 

PAST F -A TYP3 CASE: TTT] COTTOH TEXTILE CODE 

TABLE OF COSiTEETS p^^e 

Introduction -'■ 

Cliapter I... Summary of the Cotton Textile Code as 

originally approved • 2 

Chapter II . . Definitions - Section I . . . . 7 

Chapter III. Liinim-uin Wage - Section II 12 

Chapter IV. . Maxim-um Hours of Employees and Productive 

Machinery - Section III 16 

Chapter V. . . Child Lal3or - Section IV 32 

Chapter VI . . Statistical Reports - Section V 33 

Chapter VII . The Code Authority - Section VI 37 

Chapter VIII! Adjustment of Contracts Costs - 

Section VII 42 

Chapter IX.. Mandatory Provisions of the Act - 

Sections VIII and IX 43 

Chapter X. . . i^odifi cation of Cndc - Section X 44 

Chapter XI.. Oi,7nership of v;ill Villac\e Iloaies - 

Section XI '. 45 

Chapter XII' Office Employees - Section XII 46 

Chapter XIII Wage Differentials - Section XIII ^"^ 

Chapter X IV.Maximun Hours - Repair Shop Crews, etc., 

Section XIV 48 

Chapter XV. . Work Assignment - Sections XV and XVII 49 

Chapter XVI Length of Operation of Code 55 

Chapter XVII Synthetic Fiher production - 

Section XVIII 56 

Chapter XVIII Supplementary axid. Divisional Codes 57 

Appendix I.., Trade Practices &overninr; the 

Merchandising of Carded Cotton Yarn 58 



9721 -iii- 



TABLE or CQg'ISlM-TS 

(Cont'd) 

Page 

Appendix II.. Supplementary Code of ?air Co-npctition 

for the Cotton Converting Inductry 63 

Appendix III.. Fair Trade Practices Governing the 

LierchandiGing of the Products of the 

Cotton Thread Manufacturin.';; Branch 77 



9721 



-IV- 



-1« 



INT20DUCTI01T 



Tliis pe.rt of tlie study ^scts forth the changing suhstantivo content 
of the Cotton Textile Code from the date of its original approval - 
July 9, 1933 - to May 27, 1935, v/hen the Supreme Court's decision in the 
Schechter case suspended the operation of all codes In addition to des- 
crihing the changes wrought in the code through the adrainistrative pro- 
cesses of conditions in the order of approval, amendments, exemptions and 
stays, the effect of general Executive and Adniinistrative Orders on spe- 
cific sections of the code is also shown. Interpretations of provisions 
of the code a^re Likewise included; however, explanations or interpreta- 
tions issued "by the code authority are not included ina,smuch as they 
were not authorized ty the code and therefore cannot he considered as 
part of iTI?>A administrative legislation. 

The selection of the Cotton Textile Code to typify, in a sense, the 
changing of "body of "laws"[ that constituted a code wa^s not entirely for- 
tuitous. This code was the first approved under the ha.tional Industrial 
Eecoverj'' Act and therefore its provisions had the force of estahlished 
precedent in negotiations for suhsequent codes; its administration neces- 
sitated the issuance of 137 orders under the code, hence it may "be des- 
cribed a.s a fairly "active" code, although not the most active; further- 
more, these orders included the various tjrpes of administrative action 
which are to he found in the administration of ajiy code. 



9721 






CHAPTE?. I 

S-ummar:,^ of the Cotton Textile Code cs Ori>?iiirIl:- ■^-JDro-yed. 

The code for the Cotton Textile Industy, the first Vik code, as 
approved on J\il3'- 9, 1933, raav he siumr ri'zed ps follo'-Ts; 

Section I defined the industr/- to rnern the manufacture of cotton 
yarn and/ or cotton woven fabrics, rhether ar a final process or as a 
part of a larger or further "orocess. "Enplo^-ees" ^t&s defined to mean 
all persons employed in the conduct of such operations and "productive 
machinery" to mean spinninj^ spindles and/ or looms. 

Section II provided a minimtun v.-a,-;e of 512 per week in the South 
and $13 per '"'eek in the nortn except for learners d.uring a six \7eeks' 
spprecticeship and for cleaners and outside em^^loyees. 

Section III provid.ed for a 40-hour work week and a machine work 
week of to shifts of 40 hours each and excepted re"oair shop crews, engineers, 
aLe_ctriciErB, firemen, office and supervisor3'- staff, shipping, watching and 
outride crews, and cleaners. 

Section IV abolished cnilc labor (minors under IS). 

Section V tjrovided for periodical statistical reports from all mem- 
bers of the Cotton Textile Industr"/ bearing on wa^'es,. hours, machinery 
data., production, stocks and orders. 

Section VI set up as a continuing: olannin,^ and fair practice agency 
the Cotton Textile Industry Committee, or such successor committee or 
committees as might thereafter be constituted, which agenc' -Tas from 
time to time to malce recommendations to the Administrator concerning 
further statistical reports and the ::evDin^ of uniform accounts, regis- 
tration of productive machinery, chan~9s in or exemptions from provisions 
of the code - such recommendations, vjhen aioproved- by the Administrator, 
were to have the same force axid. ef:"ect a;: any other provisions of the 
code. 

Section VII constituted the Cotton Textile InCiUstr;"' Coramitee an 
agency to assist in effecting adgustments o:^ contracts where costs of 
executing them were increased by the application of the provisions of thie 
Act to the industr'/-. 

Section VIII contained the mandator"^ provisions of Section 7(a) of 
the Act concerning collective brr-;al:iiing. 

Section IX orovided, in accordance ^--Ith Section 10(b) of the Act, 
that the code and all provisions thereof were e:-roressly subject to the 
right of the President from time to tine to cancel or modif;^ his appro- 
val of the code. 

Section X provided for cd: si deration 0"^ the President of future 
amendments at the instance of the industr,y. 

9721 



-S-' 



The code was approved by the President subject to the following 
thirteen interpretations a.nd conditions, c,s set forth in the Executive 
Order of approval; 

"1. Limitations on the use of loroductive machinery shall not 
appl""- to production of tire 3/arns or fabrics for rubber tires 
for a period of three '"'ee'cs after this date." 

This condition aioplied to Section III of the code and '"as accepted by 
the Cotton Textile Industry Cominittee in its coramunice.tion of July 15, 
1933, 

"(2) The Planning Committee of the Industiy, provided for 
in the Code, Tjill take up at once the auestion of emplovee 
purchase of homes in mi 11-vil laces, es-oecielly in the 
South, and will submit to the Administration before Jan- 
■■aary 1st, 1934, a plan loohin^r toward eventual em.ployee 
home-ownership." 

This imposed an additional duty upon the a.gency for industrial self- 
government set up by Section VI of tne Code. The industry committee, 
however, proposed a change in this cor.dition so that it was incumbent 
on the agency only to make a report on the auestion of plans for even- 
tual employee o^7nership of homes in mill villages, which chpnge was ap- 
proved by the President's order of July 16, 1933, and incorporsited as .. 
Section XI in. the Code. 

"(3) Aoproval of the minimum wa.ges proposed by the code is 
not to be regarded as approval of their economic sufficiency 
but is granted in the belief th.?;t, ir view of the Ir.rge increase 
in vrege payments lorovided by the Code, an^'" higher minima at 
this time might react to reduce consumption and employment, 
and .on the understanding tha.t if and as conditions improve 
the subject may be reopened with a viev.- to increasing them." 

This interpretation of the approval of the minimum wages set by Section 
II of the Code '"as accepted by the industry committee, July 15, 1933. 

'■'-he fourth condition of the President -oreswa-r-bly referred both to 
provisions concerning minimum wages an""G maximum hours and was as follov/s: 

"(4) That office emplo5'-ees be included within the benefits of the 
Code." 

The industry committee accepted this condition on July 15, 1933, with the 
follovring phraseolog3'-, which was approved oy Executive Order of Jvly 15, 
1935, and incorporated as Section XII in the Code: 

"On and after J'oly 31, 1933, the maximum hours of labor for of- 
fice employees in the Cotton Textile Industrj;' shall be an average 
of forty hours a week over each period of six months." 

The committee made no mention of wages. 

9721 



.A_ 



"(5) The e:-isting amounts fe" vhich v^ges in the hif;:her-paid 
classes, up to rorker? receivir'g $30 per '.''ee;.', e:^:ceed TJages 
in the lo^vest -OEid class, shall os rnaintaaned. " 

This condition referred inoirectl-r to Section II of the Code and was 
accepted by the indtistry committee in th3 f ollovin- for:n, -'hich was ap- 
Toroved hy the President on July IS, 1933, end incorpora^ted as Section 
XIII! 

"The amount of differences existing- prior to July 17, 
1933, between the wage rates paid various classes of eraplo-^ees 
(receiving more than the established minimum wage) shall not 
be decrea.sed — in no event, however, shall am/ employer ■oay 
any employee a wage rate '-^hich will yield a less wage for a 
work week of 40 hours than such emplovee wr.s receiving for 
the same class of work for the longer week of 48 hours or 
more prevailing prior to July 17, 1953. It shall be a function 
of the Planning and Fair Practice Agency provided for in Para- 
graph 6 of the Code to observe the operation of these -orovi- 
sions and recommend such further provisions as experience ma]'' 
indicate to be ap'oro'oria.te to effectuate their piirrjoses." 

The President's sixth condition affected Section III of the Code 
and '"as as follows: 

"(6) '^hile the exception of repair shop crews, engineers, 
electricians and watching cre'"'s from the maximum nour pro- 
visions is approved, it is on tiie condition that time and 
one-half be paid for overtime." 

However, the industi*^/ committee did not a.ccept this condition and in- 
stead thereof proposed the following which was approved by Executive 
Order of Jul-^ 16, 1933, and incoroorated as Section XIV in the Code: 

"On and after the effc^ctive date the maximum hour? of 
labor of repair shop crews, engineers, electricians and watch- 
ing crevfs in the Cotton Textile Industry'- sliall, except in case 
of emergency'- work, be fort]'- hours a reek with a tolerance of 
10 per cent, ^ny emergency time in an^'- mill shall be reported 
monthly to the Planning and Fair Practice Agency provided for 
in Paragraph 6 of the Code, through the '-'otton Textile Insti- 
tute. " 

The following conditions of the President related to Sections II 
and III of the Code and were accepted by the industry'- committee on July 
15, 1933: 

"(7) Tlhile the exception of cleaners and outside workers is 
approved for the present, it is on condition that the Planning 
and Supervisory Committee provided "by Section 6 prepare and 
submit to the Adjnini strati on, by January 1, 1934, a schedule' 
of minim-um wages and of maxiim-um hours for these classesJ'. 

"(8) It is interpreted that the provisions for maximum hours 

9721 



establish a maximum of hours of labor per veek for evei':'^ emt)loyee 
covered , so that under no circiimstances will such an employee be 
employed or permitted to work for any one or more employers in 
the industry in the aggregate in excess of the prescribed num- 
ber of hours in a single week. 

"(9) It is interpreted that the provisions for a minimum wage 
in this code establish a guaranteed minimum rate of pay per 
hour of employment regardless of whether the emioloyee's com- 
pensation is otherv.'ise based on a time rate or upon a piece vrork 
performance. This is to avoid frustration of the purpose of the 
code by changing from hour to piece-work rules." 

The President's tentn condition, which concerned Section II of the 
Code, follows: 

"(lO) Until adoption of furtJier provisions of this Code neces- 
sary to prevent ar^?- improper speeding up of \7ork to. the disad- 
vantage of em-Dlc^ees ( "stretch- oats") and in a, manner destruc- 
tive of the purposes of the aational Industrial Recovery Act, 
it is reauired that any and all increases in the a.mount of work 
or production required of employees -over tliat reouired on July 
1, 1933, must be submitted to and approved by the agencj'- created 
by section six of the code end by the ad-ministration and if not 
so submitted such increases will be regarded as a prima favCie 
violation of the provision f5r minimum wages." 

The industry committee suggestedi the following modification of this con- 
dition on July 15, 1933, which modification was approved b;7 the Presi- 
dent July 16, 1953, and incorporated as Section XV in the code: 

"Until adoption of further provisions of this Code that may 
prove necessary to prevent anv improper speeding wo of work 
(stretch-outs), no employee of any mill in the Cotton Textile 
Industry shall be required to do any work in excess of the 
practices as to the class of work of . such employee prevailing 
on July 1, 1933, or prior to the Share-the-T7ork movement, un- 
less such increase is submitted, to and SipiDroved. by the Agency 
created by Section 5 of the Code and by the National Recovery 
Administration." 

The follov7ing condition did not relate to a, specific provision of 
the code and vras not accepted by the industry'- comjnittee; 

"(ll) The code will be in operation as to the whole industry 
but, opportunity shall be given for administrative considera- 
tion of every application of the code in particular instances 
to any person directly affected, who ha.s not in person or by a 
representative consented and agreed to the terms of the code. 
Any such person shall be given an opportunity for a hearing 
before the Adjninistration or his representa-tive, and for a 
stay of the application to him of an-r provision of thei cod© 
prior to incurring any liabilit'"' to the enforcement of the code 

9721 



against him "by an-'- of the meansprovided in the National In- 
dustrial Secover]'- Act, "oending such hearing. 'At such hear- ■ 
ing an^r objection to the application of the code in the 
specific circuTists.nces rne.v be presented 8.n6 '■■ill be heard." 

In lieu thereof the follovring iDroposr.l of the industry committee 
was approved by the President on July IS, 1935, and incorpora.ted as 
Section XVI in the Code: 

"This Code shall be in operation on and sJter the ef- 
fective date as t the '"/hole cotton textile industr^/ except 
as an exemption from or a, stay of the application of its 
provisions ms'r be granted by the Administrator to a person 
applying for the sane or except as provided in an executive 
order. Ho distinction shall be made in such exemptions 
between persons who have .■^nd have not joined in applying 
for the approval of this Code." (*) 

The President's tr/elfth condition in the order of approval of July 
9, 1933, was as follows: 

"(12) This approval is limited to a four months' period with 
the right to ask for a modification at any time and subject to 
a request for renewal for another four months at any time be- 
fore its expiration. " 

However, the industry committee objected to this condition and it 
was therefore withdravm by the President's order of July 16, 1933. 

The final condition stated by the President was a.s follows and was 
accepted by the industr3'' committee on Jul"^ 15, 1933: 

"(l3) Section 6 of the Code is approved on condition that 
the Administration be permitted, to name three members of the 
Planning and Supervisor;'- Committee of the industry. Such mem- 
bers shall have no vote but in all other respects shall be 
members of such Planning and Suoervisor:'- Committee." 



(*) In this connection attention is directed to the provisions of Exe- 
cutive Order 6205-3 of July 15, 1933, which provided that the Administra- 
tor might stay the applica^tion of a code to persons '.'ho had not parti- 
cipated in establishing or consenting to a code if application was made 
by affected persons within ten days of the effective date of the codq. 

9721 



-7- 

CHAPTER II 

Definitions - Section I 

rollowing is Section I of the Code for the Cotton Textile In- , 
dustry as originally a;oT)roved on July 9, 1933: 

"The term 'cotton textile industry' as used herein is de- 
fined to mean the manufacture of cotton yarn and/ or cotton vrovsn 
fabrics, whether as a final process or as a part of a la,rger or 
further process. The term 'employees' as used herein shall in- 
clude all .persons employed in the conduct of such operations. 
The. term 'productive machinery' as used herein is defined to 
mean spinning spindles, and/or looms. The term .' effective 
date' as used herein is defined to be Julj^ 17, 1933, or if this 
code shall not have been approved by the President two weeks 
prior thereto, 'then the second Monday, after such approval. 
The term 'persons' shs.ll include natioral persons, partnerships, 
associations and corporations." (*) . ■ 

(Pollowing is a brief resume of seversJ orders placing various 
textile and garment industries temporarily under the Cotton Textile . 
Code pending action upon 'individual codes for each industry.., The, 
sundry variations of the Cotton Textile Code agreed upon for several 
industries are very briefly set forth since this study is primarily 
concerned with the provisions of the Cotton Textile Code per se. ) 

(Executive Order 6209-A of July 21, 1933, was an agreement making 
certain provisions of the Cotton Textile Code binding upon the Textile 
Finishing Industry, effective July 31, 1933, and subject to cancellation 
at any time without notice, except that the minimum wage was to be 
$1.00 per week higher in each section of the industry than the minimum 
rates approved in the Cotton Textile Code.) 

(Executive Order 6209-B of July 21, 1933 was an agreement placing 
the underwear and allied products industry pending approval of a code 
therefor under the Code for the Cotton Textile Industry beginning 
July 24, 1933. This agreement also was subject to cancellation at any 
time without notice.) 

(Executive Order 6221-D of July 26, 1933, was an agreement placing 
pajama manufacturers under the Cotton Textile Code pending action upon 
their own code. The agreement was not "to be interpreted' as per- 
mitting any increase of hours over or reduction of wages below the 
standards now obtaining'' e.nd was 'subject to modification or cancella- 
tion at any time without notice.) 

(Pending approval of a code for the industries ' represented by the 
International Association of Garment Ivlanufacturers and Subdi visional 
Industries thereof, Executive Order 6221-^C of July 26, 1933, was an 



This section was amended August 25 and November 8, 1933 and 
Augp.st 2, 1934. See pages 10 and 1''. ' ' 



9721 



-8- 

agreemont making "binding upon them certain sections of the Cotton 
Textile Code. The order further provided that employees were not to 
work in excess, of 40 hours, per week and that pro.ductive machinersr was 
not to be operated for more than one shift of forty hours each per week. 
This agreement likewise was sulDJect' to modification or cancellation at 
any time without, notice. ) 

(Executive Order 6227-A of July 27, 1933, was an agreement, effective 
at midnight on the. date of the order, binding the members of the Cordage 
and Twine Industry by the provisions of the Cotton Textile Code pending 
aition on a code to be submitted, by the terms of the order, on or be- 
fore August 5, 1933. ^Executive Order 1-17 of October 20,1933, modified 
the previous Cordage and Twine Agreement because "in the ordinary 
routine the adoTjtibn of a permanent code for the industry may be de- 
layed," by providing that all eiiroloycrs were to increase the rate of 
^a;y of all employees then receiving less tha.n $35 per week to not less 
than 9C^ of the rates' paid by each employer or his predecessor : in 
business for the same class of work in June, 1929.) 

The first amendment to Section I of the Cotton Textile Code was 
approved by the President on August 25, 1953, and was as follows: 

"That in the definition of the term 'Cotton Textile 
Industry in Section 1 of this Coae, there be inserted after 
the word 'process' the follor.^ing: 

'and/or manufacture of woven rayon fabrics, 18" or more in 
width, the warp of which is primsirily rayon or other 
synthetic fibre yarn, whether finished or unfinished' 

so that the completed sentence shall read as follows: 

.'The Term "Cotton Textile Industry" as used herein is 
defined to mean the manufacture of cotton yarns and/or 
cotton woven fabrics, whether as a final process or as a 
part of a larger or further process, e»nd/or manufactijxc of 
woven rayon fabrics, 18" or more in width, the warp of ' 
which is primarily rayon or other synthetic fibre yarn, 
whether finished or unfinished.' " 

The second amendment to Section I v.'as a-Q-orovod by the President 
on IMovember 8, 1933, and was as follows: 

"(a) There shall be added to the definition of the 
term 'Cotton Textile Industry' in Section I of said Code, 
the following: 



9721 



-9- 

and/or (3) the finishing of any of the foregoing faorics, 
whether woven of cotton or rayon or other synthetic fitre 
or of a mixture of a.ny of these fibres with any other 
fihrcs, provided that such finishing operations are 
carried on by (a) concerns engaged in the weaving of cotton 
and/ or rayon or other synthetic fitre, (h) concerns en- 
gaged solely in finishing cotton woven fabrics, (c) 
concerns primarily equipped for and primarily engaged in 
finishing cotton woven fabrics who may also be engaged in 
finishing rayon and/or other synthetic fibre fabrics and/or 
(4) the manufacture of sewing, crochet, embroidery, and/or 
'darning, cotton thread. 

so that the completed sentence shall read as follows: 

The term "Cotton Textile Industry" as used herein is 
defined- to mean (l) the manufacture of cotton yarns and/or 
cotton woven fabrics, whether as a final process or as a 
part of a larger or further process, and/ or (s) the manu- 
facture of woven rayon fabrics 18*' or more in width, the 
warp of which is primarily reyon or other synthetic fibre 
yarn, whether finished or unfinished, and/or (S) the 
finishing of any of the foregoing fabrics, whether woven 
of cotton or rayon or other synthetic fibro or of a 
mixture of any of these fibres with any other fibres, pro- 
vided that such finishing operations are carried on by 
(a) concerns engaged i r. the v/eaving of cotton and/or rayon 
or other synthetic fibre, (b) concerns enga,ged solely in 
finishing cotton woven fabrics, (c) concerns primarily 
equipped for and primarily enga.ged in finishing cotton 
woven fabrics who may also be engaged in finishing rayon 
and/or other synthetic fibre fabrics and/or (4) the manu- ' 
facture of sewing, crochet, embroidery, and/or darning 
cotton thread. 

"(b) There sliall be added to the definition of 'productive 
machinery' in Section I of said, Code, the following: 

(3) printing machines; (4) "piece dyeing, machines; (5) 
starching and/or drying machines, operating on fabrics 
and not on raw stock or yarn or cotton thread where the 
same are used for the major operation in the production of 
plain bleached or unbleached fabrics v;hich are not dyed 
or printed; (6) all machinery used for spooling, winding, 
reeling, or skeining as a final process to produce cotton 
thread ready for sale as a finished article; (?) cone 
winding machines, reels, through tube cop machines and : 
parallel tube v/inding machines used in the production of • 
mercerized yarn only. . , . 

so that the completed sentence shall read as follows: 

The term "productive machinery" as used herein is de- 
fined to mean (l) spinning spindles; (2) looms,; (S) printing 
machines; (4) piece dying ma,chines; (b) starching and/or 



9721 



-10- 

drying machines, operating on fabrics and not on rav/ stock 
or yarn or cotton thread where the same are used for the 
major operation in the jjroduction of plain hleachcd or un- 
bleached fahrics which are not dyed or printed; (6) all 
machinery used for spooling, v/inding, reeling, or skeining 
as a final process to -oroduce cotton tlu'ead readj- for sale 
as a finished article; (?) cone winding: machines, reels, 
through tuhe cop machines and parallel tuhe winding machines 
used in the production of mercerized yarn only. 

"(c) There shall be added to the definition of the term 
'effective date' in Section I of said Code, the follovTing: 

provided that the "effective date" of the provisions of 
this code which relate to the finishing and cotton thread 
ma,nufacturing subdivisions of the industry shall be the 
next Monday after the airoroval of such provisions, except as 
heretofore approved and effective. 

so that the completed sentence shall read a,s follows: 

The term "effective date" as used herein is defined 
to be July 17, 1933, or if this code shall not have been 
approved by the President two weeks prior thereto, then the 
second Mondpy after such approval; provided that the 
"effective date" of the provisions of this code which re- 
late to the finishing and cotton thread manufacturing sub- 
divisions of the industry shall be the next Monday after the 
approval of such provisions, except as heretofore approved 
and effective. 

"(d) There shall be added to the definitions in Section I of 
said Code the following definitions: 

The terra "job finishers" as used herein is defined 
to mean those finishers who do not purchp.se or own either 
the grey or the finished fabrics, but merely perform pro- 
cessing and finishing services under a contract With, the 
owner of the goods, who usually is a "converter." 

The term "corporation finishers" as used herein is 
defined to mean those finishers who ov/n or have a direct 
or indirect interest in grey and finished fabrics and who 
process and finish the goods for their ovm account and 
requirements, and/cr for other accounts. 

The term "mill finishers" as used herein is defined 
to mean those mills which are engaged in the weaving of 
fabrics or production of cotton thread and engaged in the 
auxiliary finishing operations solely on the fabrics or cotton 
thread so produced by them. 

The term "manufacturers of cotton tliread" as used herein 
is defined to mean all producers of sewing, crochet, embroidery, 
or darning cotton thread, and the term "p)roducers of cotton 



9721 



thread" as used herein is defined to mean all who operate 
machinery in '.-the production of the said cotton thjreads or 
any of them, and all who purchase unfinished cotton thread 
and cause the further proccssint, of such cotton thread for 
the purpose of selling the same a.s a finished article." 

Administrative Order 1-73- (also nrnn'oered 35-13) of June 27, 1934, 
"by implication rcleaeod textile roll coverers from compliance with the 
Cotton Textile Code "by ordering that any one "engaged in covering or 
recovering rolls used in textile ma.chines" was to be classified under 
the code for the Textile Machinery Manufa.cturing Industry. 

The definition of "productive machinery" in Section I of the code 
was amended on August 2, 1934, "by changing the wording of su"bdi vision 
(4) from "piece dyeing machines" to 

"piece dyeing machines where the same are used in the 
production of unprinted fahricsc'^ 

Administrative Order 1-84 (also num"bered 3-27) of August 24,1934, 
was a classification ruling that the manufacture of all "blanlcets and 
all piece goods, up to and including 2&/0 of wool "by weight, plus 2^ 
tolerance for man\ifa.cturing operations, was goA'^erned "by the Cotton 
Textile Code; all others containing hoth wool and cotton, hy the Wool 
Textile Code. It was also ruled that the manufacture of all merino 
yarns, up to and including 45'-^ of ?/ool 'oy weight, when spun on the 
Cotton system, was governed "by the Cotton Textile Code; mixed yarns 
spun on the cotton system, containing an excess of 45^ of wool "by 
weight and all mixed yarns spun on any other system, "by the Wool 
Textile Code. 

Administra,tivc Order 1-89 of Septenher 6, 1934, modified Order 
1-84 and 3-27, dated August 24, 1934, by ordering tha.t all wool mills, 
manufacturing "blankets, merino yarns and piece goods, classified "by 
said order under the Cotton Textile Code, "be "exempted from all fair 
trade practice provisions of sa.id Code, in so far as they affected 
bona fide legally enforceable contracts entered into ;prior to the 
date" of the later order. 



9721 



-12" 



CIIAJ-TSH III 



Minirjum TTaA'e - Section II 

SectionlU of the Cotton Textile Code, as approved July 9, 1933, 
was as follows: 

"On pjid after the effective date, the minimum wage that 
shall he paid hy employers in the cotton textile industry 
to any of their employees — except learners during a six 
weeks' apprenticeship, cleaners, and oiitside employees — 
shall he at the rate .of $12 ner iieek when employed in the 
southern section of the industry and at the rate of $13 per 
week when employed in the northern section for 40 hours of 
lahor," 

The president's order of approval contained aji interpretation con- 
cerning minimum waf;es to the effect that their approval was not to he 
regarded as approval of their economic sufficiency hut w?-S granted he- 
cause any higher minima at that tir^e might have reacted to reduce con- 
sumption and employment and on the under ctandin^j;; that if and as condi- 
tions improved, the suhject might he reopened with a view to increa^sing 
them. 

The first amendment to Section II of the Cotton Textile Code was 
approved hy the President Novenher 8, 1953, and wa.s as follows: 

"There shall he inserted at the end of Section II of said 
Code the following: 

'hut the employees in the operation of hleeching 
dyeing, and printing equipment in finishing 
fahrics shall he paid at the rate of not less 
than $13 per week in the sotithern section of the 
industry and at the rate of not less than $14 
per week in the northern section of the industry 
for 40 hours of labor. ' 

so that the completed Section II shall read as follows: 

'On and after the effective date, the rainiraum 
wage that shall he ipaid hy employers in the 
Cotton Textile Industry to ajiy of their employ- 
ees — -except learners during a. six weeks' appren- 
ticeship, cleaners and outside employees — shall 
he at the rate of $12 per week when em^plojed in 
the southern section of the industry and at the 
rate of $13 per week when employed in the north- 
ern section for 40 hours of lahor, hut the em- 
ployees in the operation of hleeching, dyeing, 
and printing equipment in finishing fahrics 
shall he paid at the rate of not less than $13 
per week in the southern section of the industry 

9721 



-13- 

and at the rate of not less than $14 per v;eek 
in the northern section of the industry for 40 
hours of lahor. '" 

The second amendment to Section II of the Code was apiproved "by 
the Administr8,tor (*) on Decenoer 27, 1933, and vras as follo'js: 

"There shall "be added at the end of Section II of the Code 
of Pair Competition for the Cotton Textile Industry the 
following: 

'In, the case of outside employees and cleaners 
the minimum wa.ge shall not be less than 75^ of 
the standard minimum wage hereinahove set forth. 
In the case of employees in the industry v/ho are 
partially incapacitated hy reason of a^^e, injury, 
incompetency, or infirmity the minimum wage shall 
he not less than 80/^ of the standard minimum wage 
her^inahoye set forth, provided that such employees 
employed hy any one employer shall not exceed 4^5 
of the total numoer of his era-oloyees, and further- 
that as a condition to the en"jlo;''ment of such em- 
ployees the Cotton Textile National Industrial 
Relations Board may reo^uire such, certificate as it 
may find advisahle with relation thereto.'" 

Executive Order 6606-F of February 17, 1934, provided that no code 
provision was to he so construed or applied as to jorevent the employ-, 
ment of p. person, whose earning capa.city was limited because of age, 
physical or mentpj. handicap, or other infirmity, on light work at a wage 
below the minimum esta.blished by a„ code if the employer obtained from 
the state authority, designated by \,he U. S. Department of Labor, a certi- 
ficate authorizing such person's employment at such v/ages and for such 
hours as were sta,ted in the certificate. 

The third amendment to Section II of the Cotton Textile Code was 
couched in^ terms very similar to Executive Order 6606-E and was approved 
by the Administrator on July 6, 1934: 

"That the portion of Section II of the Code reading as follows: 

'In the case of employees in the Industry who are 
partially inca-pacitated by reason of age, injury, 
incompetency or infirmity the minimum wage shall 
not be less than SOfo of the standard minimum wage 
hereinabove set forth, provided that such employees 
employed by any one employer shall not exceed 4^ of 
the total number of his employees, and further that 
as a condition to the employment of s\xch employees 
the Cotton Textile IJationad Industrial Relations 
Board ma^^ require such certificate as it may find 
advisable with relation thereto.' 



(*) Executive Order 6543-A, delegating to the Administrator the power to 
approve amendments, was approved December 30, 1933. 

9721 



-14- 

shall "be stricken out raid that the follouing be substituted 
in lieu thereof: 

'An employee whose earning capacity is limited 
■because of age, physical or mental handicap, or 
other infirmity, md:^f be employed on light -pork 
at a v;age belou the standard minimum hereinabove 
set forth, if the enoloyer obtains from the state 
authority, designated lij the United States De- 
partment of Labor, a certificate authorizing such 
employee's em-oloyment at such wages a,nd for such 
hours as shall be str.ted iu the certificate. 
Each employer shall file monthly nith The Cotton- 
Textile Institute, Inc, , as a,gent of the Cotton 
Textile Industry Comraittee to receive the same, 
a list of all such employees employed by him, 
showing the xrages paid to, and the maximum hours 
of work for such emloyee,'" 

Administrative Order X-6, issued February 12, 1934, pii.rsua,nt to 
authority delegated to the Administrator bj/ Executive Order 6590-B of 
February 3, 1934, required every person subject to a code to register 
with his code authority the full name of his enterprise, together with 
a statement of the number of shops, establisliments or separate units 
thereof and their location. Upon such registration, each person was 
to be furnished with official copies of the labor provisions of the 
code to vrhich he was subject, such copies to be kept .conspicuously 
posted at all times by such person in each separate unit of his enter- 
prise. In addition, the employer was to post alongside the code pro- 
visions a certified copy of any exemption, exception, or modification 
permitting him to pay lower wages or work his' employees longer hours 
or establish conditions of employment less favorable to his employees 
than those ijrescribed by the code. ■ Administrative Order X-7 of Febru- 
ary 28, 1934, among other things, provided that the Administrator might 
remove the Blue Eagle from an employer for fail\ire to conroly with regu- 
lations concerning posting of labor provisions. Administrative Order 
X-82 of September 1, 1934, provided that official copies of labor pro- 
visions for postii"j.g were a,lso to set forth such conditions, orders, in- 
terpretations e:colanations or statements issued. by the President or the 
Administrator as part or in connection with any order approving a code 
or any amendment thereto relating to labor provisions; further, such 
general interpretations, orders and erolana.tions as II.R.A. might deem 
advisable to effectuate the purposes of the rules and regulations. 

Executive Order 6750-C, dated June 27, 1934, and effective July 
15, 1934, in effect granted an exemption from the minimum wage and 
maximum hours provisions of codes for members of industries employing 
apprentices, if certificates -permitting the employment of such persons 
in conformity with a training program were first obtained from an agency 
to be designated by the Secretary of Labor. The term "apprentice" was 
defined to mean a person of a.t least 16 years of age who had entered 
into a written contra.ct with an employer or axi association of eraioloyers 
which provided for at least 2,000 hours of reasonably continuous employ- 
ment for such person and his participation in an approved program of 

9721 



-15- 

training. Thus, under the terms of this Executive Order an employer 
could employ apprentices for a period of 50 weeks at less than the 
minimum wage — instead of the 6 weeks' apprenticeship set "by the code- 
if the employer elected to "become sutiject to the jjrovisions of the 
order. 



9721 



. - ■ -16- . . 

CHAPTSH lY 

Maximum Hours Of Emyployees And. Fro ''Met ive l/iachinery - Section III 

Section III of the Cotton Textile Code, as orL-^inally ap-oroved 
on Ju.ly 9, 1933, ■ follows : 

"On and after tlie effective date, employers in the cotton 
textile industry shell not operate on a schedule of hours of labor 
for their e;:nloyees - except repair sho;T crevs, engineers, plec- 
tricians, firemen, office and su-^ervisory staff, shi-T.djig, v;atch- 
ing and outside crevjs, and cleaners - in excess of 40 hours per 
i/;eek and they shall not operate productive machinery in the cotton 
textile industry for more thpn 2 shifts of -^.'.O liou.rs ea.ch "oer week." 

The President's order of a'poroval stated that the approval of 
the exception of repair shop crevs, etc. , from the maximum hours provi- 
sion v:as on condition that tine and one-half he paid for overtime. How- 
ever, the industry coiTUiiittee on July 1^', 1'''3j', s\t£, ;ested the follovlng 
in lieu of the condition in the order of a:oi'oval which the President 
accepted July 16, 1033: 

"On and after the effective date the ..loximun hours of lahor 
of repair shop cre^s, engiiieers, electricians and watching crews 
in the cotton textile industi-y shall, exce'ot in case of emergency 
work, he forty hours a '"'eek v.dth a toler-nce of 10 percent. Aiiy 
emergency time in any mill shall he reported monthly to the Plan- 
ning and Pair Practice Ai^ency provided for in paragra'oh 6 of the 
code, through the Cotton Textile Institxite. " 

The President's order of a"T^roval dated July s, 1933, also pro- 
vided that while the exce;')tion of cle.?iiers and outside workers v.'as an- 
proved for the present, it was on condition that the Planning ajid Su'oer- 
visory Committee provided by Section 6 prepare and submit to the Adminis- 
tration by January 1, 1934 a schedule of minirm.u.i wages and maximum 
hours for these classes. This condition vras accented by the industrj'' 
comi;iittee on July 15, 1S33. ■ 

In addition, the original order of ap"iroval of the Cotton Textile 
Code of July 9, 1333, interpreted the provisions for maximum hours as 
establishing a maximum of hours of labor "oer '"eek for ev ery e mployee 
covered , so tha^t under no circumstpnces would such saa employee be 
employed or permitted to work for one or more employers in the industry 
in the aggregate in excess of the prescribed number of hours in a single 
week. This interDretation \7as also acce-jted by the industry committee 
on July 15, 1933. 

A further condition in the President's order of ap-?roval of July 
9, 1933 v/as as follows: 

"Limitations on the use of productive machinery shall not 
apply to production of tire yarns or 'fabrics for rubber tires 
for a period of three weeks after this date." 

9721 



-17" 

This condition was like'-dse accepted by the industry committee 
on July 15, 1S33. 

Adjninistrative Order 1-12 of July 30, 1933, stayed the applica- 
tion of Section III of the Cotton Textile Code, pending determination 
by the President of issues raised lay the application for exemption from 
limitations of the ixse of machinery, as to the production of tire yarns 
or fahrics for rxibber tires. 

Tla.e follovdng requirements (*) concerning productive machinery 
\7ere approved, by the Administrator, effective October 1, 1933, pursuant 
to recommendations of the Cotton Textile Industry Comi:iittee: 

"(l) All persons engaged or engaging in the cotton textile 
industry shall register with The Cotton-Textile Institute, Inc. , 
320 3roadwa,y, Llew York City, an inventory of their productive 
, 'machinery, as defined- in §aid Code, " in -place 6n October 1,,1933, 
or then under contract but not installed, such inventory to be 
duly certified to as to its completeness and correctness; 

"(2) On and after November 1, 1933, all persons engaged 
or engaging in the cotton textile industry shall file a report 
monthly with The Cotton-Textile Institute, Inc., 520 Broadmfay, 
Hew York City, setting forth any installation of additional pro- 
ductive machinery, (nev; or second hand), as defined in said 
code, installed by them, and specifying the extent to which such 
installation is for the replacement of a similar number of units 
of productive mpxhinery or for the purpose of bringing the oper- 
ation of existing prod.uctive machinery into balance, and an ex- 
plajiation of the saine, as duly certified; 

"(S) After October 1, 1933, all persons engaged or engaging 
in the cotton textile industry, prior to the installation of ad- 
ditional productive machinery, as defined in said code, not 
theretofore contracted for, except for such replacement and such 
balancing of operation of existing productive machinery, shall 
file application with IHae Cotton-Textile Institute, Inc. , 320 
Broadway, Slew York City, for transmission through the Cotton Tex- 
tile Industi-y Committee to the Administra,tor, stating the cir- 
cumstance? of and reasons for such installation, and shall secure 
a certificate from the Administrator that such installation will 
be consistent ?7ith effectuating the policy of the Ifetional In- 
dustrial Recovery Act during the period of the emergency; and 

"(4) The Cotton Textile Industry Committee shall examine into 
such ap'olication for such certificate and the facts as to the cir- 
cumstaaices of and reasons for such proposed installation. It shall 
transmit to the Administrator such application with any statement 
submitted by the applicant, with its report of such examination 
of the facts and with its recommendation as to the granting or 
withholding by the Administrator of such certificate to such appli- 
cant. " 

(*) Recommended by the Code Authority under Section VI of the Code. 
9721 



-1£ 



JUxecutive Order 1-18 of iJovenber 6, 19G3, denied the ap'olication 
for exemption from the machine hour provision of the Cotton Textile 
Code as a,ij':ilied to the use of nachinory in the production of tire yarns 
or fatrics for rubher tires and "begiuninf: ilovenher 1", ITSS, the stay 
of said provision, grtjited July 30, 153o, wr'S to he terninated and no 
further exemption from or exception to the provision of said code 'vas 
to he made except "by the President uoon recommendation of the Cotton 
Textile Industxy Cominittee and the Adninistrator , or the Administrator, 
or a.s approved by the Presidtent. 

The first amendment to Section III ras approved by th- President 
on IJovember S, 1933, and was as follor:s: 

"There shall be added to Section III of said Code, after 
the vords '40 hours per week, ' the follo-.dn^-: 

'Provided employees engaged in the operation of 
such machines as dyeing, blea.ching, drying, and. 
mercerizing machines, ivhen used only as a 'oart of 
continuous chemical processes where the goods 
would be joanardized by interruption, may, in 
such emergency, work more than 40 hours per week, 
but not in excess of 48 liours per week. ' 

and the remainder of the Section following the words '40 hours 
per week' shall be revised and sinended so as to r-e?d as fol- 
lows : 

'emDloyers in the Cotton Textile Industry shall 
not operate productive machinery for nore than 
two shifts of 40 hours each per ■■.eek; "orovided, 
however, that the operstin^^ of finishing machiu- 
ery, except ^orinting nachinery, o iied by mill 
finishers for a sufficient nurn^er of hours to 
finish the fabrics woven on th.-^r own looms only, 
or cotton thread m<'..de on their own mrxhinery only 
shall not be deemed a violation of this section, until 
any such finishing operation exceeding two shifts 
of 40 hours each be determined to be an unfair 
coiapetitive practice. ' 

so that the ajnended Section III shall r--ad as follows: 

'On and after the effective date, employers in the 
Cotton Textile Industry shall not, operate on a 
schedule of hours of labor for their ei.r;loyees — 
except repair sho-:i crews, engineers, electricians, 
firemen, office and supervise!'^ staff, shiio^ing 
watching and oxitside crews, and cleaners — in excess 
of 40 hours per T/eek; Provided, em-oloyees engaged 
in the operation of sucn machines as dyeing, bleach- 
ing, drying, and mercerizing machines , vhen used, only 
as a part of continuous chemical processes where the 
goods would be jeo-oardized by interruption, may, in 

9721 



"19- 



s"ach emergency, vv'ork more than 40 hours per '-reelc, hut 
not in excess of 48 hours per week. Employers in the 
Cotton Textile Industry shall not operate productive 
m-achinery for more then two shifts of 40 hours ea„ch 
per -iveeh; provided, ho'vever, that the opersiting of 
finishing m<?.chinery, except printing machinery, ovmed 
"by mill finishers for a sufficient numher of hours to 
finish the fahrics woven on their ov/n looms only or 
cotton thread made on their ov/n machinery only shall 
not "be deemed a violation of this section, until any 
such finishing operation exceeding tv;o shifts of 40 hours 
each he determined to he an unfair competitive practice. '" 

Executive Order 1-20 of IJovemher 13, 1933, extended the date 
of termination of the stay of the provision limiting machine hours as 
applied to the production of tire yarns or fahrics for ruhher tires 
from lovenher 13 to November 20, 1933. Executive Order 1-21 of 
ITovemher 27, 1933, extended the termination date of the aforementioned 
stay pending the completion of hearings and determination hy the 
President of issxies raised with respect to the said provision. 

Adjninistrative Order 1-23 of Decemher 2, 1933, ;orovided that 
during the month of December, 1'''33, prodiictive machinery in the Cotton 
Textile Industry was not to operate for more than 75 percent of the 
ho\irs otherwise permitted by the Cotton Textile Code, except that the 
75 percent provision was not to apply to the tire fabric group. It 
was further prescribed that 

"To provide procedure for necessary temporary changes in the 
limitation of hours of operation of productive machinery pro- 
vided in the Code to meet particular conditions arising in 
particular groups in the industry and to preserve a balance 
of productive activity with consumption renuirements, the 
Code Authority with the concurrence of the government re]ore- 
sentatives" 'thereon might thereafter,' "for the periods of 
not more than ninety days, reo'aire a temporary shortening of 
the hours of such machine operation within any group from those 
otherwise permitted by the Cotton Textile Code." 

Executive Order 1-26 of December 4, 1933, denied the appli- 
cation for exemption from the provision of the Cotton Textile Code 
limiting the use of productive machinery as applied to the production 
of tire yarns or fabrics for rubber tires, terminated the stay of 
said ;orovision, last extended on IJoveraber 27, 1933, and provided that 
the provision with reference to the limitation of the use of produc- 
tive machinery as applied to the production of tire yarns or fabrics 
ror rubber tires was to be in full force and effect from and after 
December 11, 1933. 

Adrainistrative Order 1-27 of December 13, 1933, certified that 
the pro-oosed installation by Martha Hills, a. Georgia corporation, 
of 33,600 spinning spindles in its ^lant , by transfer from another 
existing plant, was "consistent with ef f ectua.ting the policy of the 
National Industrial Hecovery Act during the period of the emergency," 

9721 



-20- 

under the su-pplemental reouireiaents effective October 1, 1953. (*) 

Administrative Order 1-23 (**) of DecenilDer IC;, 1935, "reouired 
that, for a period of sixty days, from Jaaraary 1, 1954, spinning 
spindles in the industry, wherever located, operating on the production 
of any type of carded yarns for sale as such (such spindles comprising 
the productive machinery of the carded ya.rn group of the industry)" 
were not to "he o"oerated in excess of forty-ei^ht hours each in any 
week during such period, provided that such period" uight oe "shortened 
hy the Code Authority with the concurrence of the government repre- 
sentatives thereon, or that such restriction of hours of operation" 
might "likewise he reduced at any time during the period as changing 
conditions" might waxrent; "and provided further that during the 
period ?7hen such temporary limitation" was in effect, "no veaving 
mill, comhed yarn mill or Iciitting' mill" was to "operate spindles in 
the production of any type of carded yarn for sale as such v'hich were 
not employed in spinning carded yarn for such sale at some time dur- 
ing the ninety days prior to Decemher 1, 1933." 

Administrative Order l-29,(***) of December 18, 1935, re'Uiired 
that, for the month of Janua,ry, 1954, printing machinery was not to 
operate for more than 75 per cent of the hours otherwise permitted 
by the Cotton Textile Code; ;orovided that such period might be shortened 
by the Code Authority with the concurrence of the government repre- 
sentatives thereon, or that such restrictions of hours of operation 
might likev.'ise be reduced at any time during the period as changing 
conditions night v.'arrant. 

The second amendment to Section III of the Cotton Textile 
Code v^as ap-oroved by the Administrator on December 27, 193^, to be 
effective January 1, 1934, and was as follows: 

"There shall be added at the end of the first Paragraph 

of Section III of the Code of Fair Competition of the Cotton 

Textile Industry the following: 

■'In the case of outside employees, employers in the 
Cotton Textile Industry shall not operate on a 
schedule of hours of labor in excess of 44 hours per 
week, except in cases of emergency. In the cp.se of 
cleaners, no employer in the Cotton Textile Industry 
shall operate on a schedxile of hears of labor in ex- 
cess of 44 hoiirs Der week.'" 



(*) See page 18 above. 

(**) Requirement of Code Authority under Order 1-23 (see page; 19 

above) with concurrence of government re'oresent.:j.tives, one of 

whom wa,s the AdiTiinistrator. 
(***) Henuirement of Code Authority under Order 1-23 (see -oa^e 19 

above) with concurrence of government reiresentatives, one of v:hom 

vras the Adrainistrator. 



9721 



-Si- 
Administrative Order 1-31A of December 29, 1933, ezem;nted from 
the oiDPration of the reouirements providing for a further temporary 
limita,tion on the hours of operation of productive machinery for 
the manufactiire of fine goods during the month of January, 1934, 
such inachinery in the fine goods "branch of the industry which v/as 
actually engaged..in filling such contracts for the United States 
Government as were av/arded against bids submitted prior to January 1, 
1934; provided that each manufacturer o-oerating such machinery so 
limit the OTDera,tion of other similar active machinery not so engaged, 
BO that the total average operation of ;productiVe machinery active in 
January, 1934, owned by sudx 'manufa-cturer, would not exceed the 
hours of operation provided in said reauirements. Tlie srane order also 
exempted two corporaitions from the application of the temporary re- 
cuirement for a further limitation dui-ing the month of January, 1934, 
on hours of loom operation in fine goods mills beyond that specified 
in Section III of the Cotton Textile Code. 

Administrative Order 1-31B of December 29, 1933, exempted from 
the order of December 2, 1S33, providing for a further tem-oorary 
limitation on the hours of operation of productive m.achinery during 
the month of December, 1933, such maxhinery in the industry which 
was actually engaged in dilling such contracts for the United States 
Government as were awarded against bids sxibmitted prior to December 
2, 1933. The operation of other similar active machinery not so en- 
gaged was to be limited so that the total average operation of produc- 
tive machinery active in Df^ceraber, 1933, would not exceed the previous 
renuirement. 

Administrative Order 1-31C (*) of December 29, 1933, provided 
that during the month of Jan.uary, 1934, fine goods manufacturers oper- 
ating looms in the Pine Goods Group of the Cotton Textile Industry on 
fabrics made wholly or in part of combed cotton yarn and on fabrics 
made of carded cotton yarn warps of courts finer than ITo. 23s yarn 
and/ or fillings finer than wo. 40s yarn (biit not including all cotton 
fabrics now identified v/ith the Print Cloth Group vAiere the cloth con- 
struction does not exceed 112 ends per inch in the warp) were to sus- 
pend operation of such looms for one calendar week in addition to 
observing the limitations on hours of machine operation provided by 
Section III of the Cotton Textile Code. It was further reouired that 
the number of looms operating in any mill at any time during January, 
1954, on such fabrics was not to exceed the maxiiman number of looms 
reported to The Cotton Textile Institute, Inc. , as operated by that 
mill at any time betv/een July 17, 1933 and December 1, 1933. The 
order further reouired that no .aanufacturer in the 2ayon Group oper- 
ating looms on linings, twills, taffetas, Prench Crepes, poplins and 
satin, woven of sjnathetic fa.bric yarn v/arps, during the foxir weeks 
beginning January 1, 1934, was to operate such looms on such fabrics 
for a total of loom hours in excess of three times the loom hours 
of the maximum week run of such manufacturer on such looms between 
July 17 ajnd December 1, 1933, a,s reported' to the Cotton Textile In- 
stitute, Inc. , except that such manufacturer might suspend operation 



(*) By Code Au-thority under Order 1-23 (See page 19 above) vdth con- 
currence of government representatives, one of whom was the 
Administrator. 

9721 



-22- 



of such looms for one cfleiidar week duriiii^- the aonth of January. 1934, 
in lieu of such further lirait-ition. 

Administrative Order 1-312 of liecenfoer 2S , 1935, exempted 
cotton s-oindles in mills mal-cing i;jiderr.'ear from the operation of the 
order ofDecemher 2, 1933, p.^ovidinj for a further temporary limitation 
on the hours of operation of procoictive machinery during the month of 
Secem'ber, 1933; ;orovided, however, that this exemption did not ap;oly 
to such spindles in under\7ear mills as had "been substantially engaged 
since the code became effective in the production of yarn for sale 
in the open market in competition v/ith other carded yarns. 

Administrative Order 1-31E of December 29, 1933, exempted from 
Order 1-23 of December 15, 1953, (*) providing for a limitation upon 
the hours of operation of productive machinery in the carded yarn 
group of the industry for a period of sixty d.ays from January 1, 1934, 
such spindles as might be engaged during said period in the spinning 
of yarn for eventual use in the manufacture of rubber tires. 

Administrative Order 1-32 (**) of January 10, 1934, provided 
that for a period of seven v;eeks, beginning Januai-y 15, 1934, and end- 
ing March Z, 1934, no spinning spindle in the Cotton Textile Industry, 
wherever located, operating on the production of any type of combed 
yarn for sale as such with the single exception of spindles producing 
yarn for eventual use in the manufacture of rubber tires (all such 
spindles comprising the productive machinery of the Combed Sales Yarn 
Group of the Industry) was to be o;-!ernted during any week within such 
period in excess of 70 ipercent of the maximum hours of weekly opera- 
.tion othervdse permissible for such productive m.achinery under Section 
III of the Cotton Textile Code as approved by the President on July 
16, 1933, provided that the above "Teriod nir^ht be shortened by the Code 
Authority with the concurrence of the government representatives 
thereon, or that such restriction of hours of operation might likewise 
be reduced at any time during the yjeriod as changing conditions might 
warrant. It was further re'"iVLired that, df.ring the period when such 
tem^Dorary limitation was in effect, no .-eaoVing mill, carded yarn mill;. 
Icnitting m.ill, thread maiiufacturer or mercerizing establishment was to 
operate spindles in the prodiiction of any t;^"pe of combed yarn for sale 
as such, other than yarn for eventuiil use in the manufacture of rubber 
tires, which were not ev.roloyed in spinning combed yarn for such sale at 
some time during the 90 days prior to January 1, 1934. 

Administrative Order l-33(***) of Jrnua.ry 10, 1934, reouired 



(*) See page 20 above. 

(**) By Code Authority under Order 1-,13 (see "oage 19 above) with 

concurrence of goveriiment representatives , one of whom was the 

Administrator. 
(***) By Code Authority under Order 1-23 (See page 19 above) with 

concurrence of government representatives, one of whom was the 

Administrator. 

9721 



33- 



that for a oeriod of s'^-ven weeks, ''oeginniiig January 1^, 1934 and 
ending March 3, 19"4, no spinning Toindle, OT.'med "by a mercerizing 
cormany, operating on the production of combed yarn for further pro- 
cessing in its o\wi mercerizing estahlishnient , vias to he operated 
during such -:)eriod for a total number of hours in excess of the 
equivalent of 75 percent of the naximura hours of opera.tion viiich 
would otherwise he permitted "by Section III of the Cotton Textile 
Code, -provided that this period might he, shortened by the Code 
Authority with the concurrence of the government representatives 
thereon, or that such restriction of hours of o-:ier,ation might like- 
vdse he reduced at any time dxiring the period as changing conditions 
might warrent. ■ 

Adrrdnistrative Order 1-34 (*) of Januery 10, 1934, required 
the.t for a period of seven Y/eeks, beginning January Id, 1934 and 
ending Iferch 3, 1934, no spinning spindle crned by a thretad pro^ 
ducer, operating on the production of combed yarn to be sold by 
such thread producer as thread, was to be operated, during such 
period a total number of hours in excess of the eouivadent of 75 
percent of the maximum hours of operation, which would otherwise 
be permitted by Section III of the Cotton Textile Code, provided, 
the period or the restriction of hours ndght be reduced as changing 
conditions might vvarrant. It was further reauireci that,, during 
the period such tem-^orary limitation^ was in effect, no weav- 
ing mill, carded yarn mill, combed yarn mill, knitting mill or 
mercerising establishment was to operate spindles in the production 
of any type of finished thread to be sold direct to the trade for 
sewing purooses which were not employed in spinning thread for such 
sale at some time during the ninety days 'orior to January 1, 1934. 

Administrative Order 1-37 of January 15, 1934, exempted 200 
looms of the Cherokee S"oinning Company, Knoxville, Tennessee, from 
the reauirements of Order i-31C (**) of December 29, l'^33, providing 
for a temporary limitation on the hours of operation of productive 
machinery for the manufacture of fine goods during the month of 
January, 1954, on condition that sadd company effect a corresponding 
reduction of the loom hours involved before April 1, 1934. 

Administrative Order 1-38 of January 22, 1934, granted an 
exception from the provisions of Section III of the Cotton Textile 
Code during the week ending January 20, 1934, to the Merrimack 
Manufacturing Com^Dany of Lo'-'ell, Massachusetts. 

Administrative Order 1-39 of Janua::-y 22, 1934, approved the 
proposed installation by the Gates Rubber Company of Denver, 
Colorado, of 20,000 sioinning spindles for the manufacture of tire 
cord in its proposed plant, by transfer from another existing plant, 
under the supplementary provisions, effective October 1, 1933, of the 



(*) By Code Authority under Order 1-23 (See page 19 above) with 

concurrence of government representatives, one of vjhom was the 
Adj-ni n i s t rat o r . 

(**) See page 21 above. 



o 



721 



-;j4- 



Cotton Textile Code.(*) 

Administrative Order 1-40 of January 2-, 1^34, required (**) 
that, for the month of ?e"bra.ary, 1S34, printing machinery was not to 
he operated for more than 75 percent of the hours othervdse permitted 
hy Section III of the Cotton Textile Code. 

Administrative Order 1-41 of January 23, 1934, required (***) 
that, for a period of twelve weeks heginning January 29, 1334, and 
ending April 21, 1934, no mill in the Cotton Textile Industry, wherever 
located, -ras to operate looms forty-five inches or wider for the 
production of wide sheetings for inmiediate or ultimate use for 
hed sheets or pillo-- cases a total n-arJoer of loom hours in exceos 
of 75 -percent of the total number of loom hours otherwise \3ermis- 
sihle "for such productive machinex-y uiader Section III of the Cotton 
Textile Code. It was further required that no mill which had not, for 
a -oeriod of ninety days prior to January 5, 1334,. operated looms 
forty-five inches or v;ider for the production of wide sheetings, was 
to engage in such operations and siich production during the afore- 
mentioned period of twelve weeks. 

Administrative Order 1-42 of January 23, 1334, modified 
Order 1-23 of December 15, 1333, (***;-) by requiring that for a period 
of four weeks beginning January 23, 1934, and ending February 24, 1334, 
spinning spindles in the Cotton Textile Industry, w-erever located, 
operating on the production of any type of ca.rded yarn for sale as 
such, except yarn for eventual use in the manufacture of rubber tires, 
v;ere not to be operated in excess of sixty hours each in any week 
during such oeriod. Until J?n"aa.ry 23, 1334, the effective date of 
Order 1-42, the emergency requirements of Order 1-28 were to continue 
in full force and pffect. 

Administrative Order 1-45 of January 28, 1334, required (****h^ 
that all fine goods mills were to suspend operations on all looms 
on fine cotton goods for three days in February and three days in 
March, such days to be interpreted as full v.'orlcing days of not less 
than a single shift of eight hours, if a mill v;as O'oerating on a 
single-shift basis, and not less than two shifts of a total of six- 
teen hours, if on a two-shift basis, and the time so lost was not 
to be made wo by any method; 300 looms in each mill i.^ere exera-oted 
from this requirement. 



(*) See page 17 above. 

(**) 3y Code Authority under Order 1-23 (see -oage 19 above) ^-dth 

concurrence of govenrient re'^rpspntative"^', one of whom n-ras the 

Admini s tra.t or . 
(***) By Code Authority under Order 1-23 (see -^age 19 above) with 

concurrence of government r9':)resento-tives, one of whom wa,s 

the Administrator 
(****) See page ;2G above. 
(*****) 3y Code Authoi-ity under Order 1-25 (see -.age 19 above) with 

concurrence of governaent representatives, one of whom was 

the Administrator. 

8721 



-25- 

Administrative Order 1-46 (signed by the Division Administrator) 
of Fe"bruary 8, 1934, exempted the Plymouth Cordage Company of 
North Plymouth, Massachusetts, from the provisions of the cordage 
and twin agreement (*) and gave it permission to operate its pro- 
ductive cording machinery for four forty-hour shifts per week for 
a. period of six weeks from the date of the order, on condition that 
the nurnher of hours worked "by .'-iny emp].oyee was not extended "beyond - 
the maximum set hy the agreement. (The Cordage and Twin Code, 
No, 303, was approved February 21, 1934.) 

Administrative Order 1-49 (.Amendment No. 5 to the Cotton 
Textile Code) of Pebruar;;y- 21, 1934, "determined that the operating 
of finishing raachinerjr owned "by mill finishers on sheetings 42" wide 
and over, woven on their own looms for .more than two shifts of 40 
hours each per week, is an unfair competitive practice," 

Administrative Order 1-50 of Pehruaiy 23, 1934, required (**) 
that during the month of March, 1334, no printing machine in the 
finishing "branch of the industry was to operate in any week for more 
than 75 percent of the eighty hours per i.7eek otherwise permitted by 
Section III of the Cotton Textile Code; provided, however, that for 
the period of five weeks beginning February 26, 1934 and ending 
March 31, 1954, t"nree printing ma.chines in each plajit were permitted 
to operate the full eighty hours per week 23ermitted by the code. 

Administrative Order 1-52 of February 27, 1934, approved the 
proposed instaJlation by Martha Mills, a Georgia, Corporation, of 
4,800 a^dditinnal spinning spindles in its plant by transfer from 
another e.xi sting plant. 

Administrative Order 1-54 (signed by the Division Administrator), 
dated April 21, 1934, c-xenpted the Warren Narrow Fabric Company of 
warren, IHiode Island, from the provisions of Section III of the 
Cotton Textile Code to the extent necessary to perm.it said company 
for a period of si:: weeks from the date of the order to operate a 
raaxim'.ua of thirty looms three shifts of forty hours each per Treek; 
provided that, subsequently during the balance of the calendar year 
1934, said company was to reduce its hours of opera,tion of productive 
machinery below those otherwise permitted by the code by the amount 
of the excess machine hours operated pursLiant to th.e authorization 
of the exemption. Administrative Order 1-62 of June 2, 1934, ex- 
tended this exemption to July 14, 1934, 

Adm-inistrative Order 1-55 (signed h'j the Division Administrator), 
dated April 23, 1934, e:'cerapted the Schlegel Manufacturing Company 
of Rochester, 'Sew York, from the provisions of Section III of the 
code to the extent necessary to permdt said compa.ny for sixty days 
from the date of the order "to operate in the production of glass run 
channel linings en a raaximujn schedixle of hours of labor for its women 
employees of not in excess of forty-eight "hours per week aiid , 
for its men employees of not in excess of sixty hours per week 



(*) See page above. 

(**) By Code Authority under Order 1-23 (see page 19 above) v/ith 

concurrence of government representatives, one of whom was 

the Administrator, 
9721 



-PH- 



during said "oeriod to operate pi-oductive macliiner/ for not 

more than one day-shift of forty-eight hours each per week and one 
night-shift of sixty hours each per weelc; "provided that time and one- 
third was to "be paid for all overtime of labor heyond that provided 
in the Cotton Textile Code and iv.vther thrt the wRges and hours of 
lahor for repair shop crews, engineers, electricians, firemen, office 
and supervisory staff, shipping, v'atching and outside crews, ,gnd 
cleaners, were to remain unaffected by the exemption. 

Administrative Order 1-50 of Uay 23, 1S34, provided that 
"Da.ring each of the three consecutive four-week periods, heginning 
on the 4th day of June, 1934, -and ending on the .25th day of A\igust, 
1934, no ^iroductive machine in the Cotton Textile Industry" was to 
"operate for more than 75 percent of the hours otherwise permitted" 
"by the code. In lieu of the foregoing renuirenent no manufacturer 
in the rayon weaving "branch ox the industry, during each of two 
consecutive four-week periods "beginning June 4, 1934 and ending 
July 28, 1934, was to'o-oerate looms in excess of three times the 
average weekly loom hours ran 'oy such manufpcturer during the months 
of Jp-jLUary, Fe"bruary and March, 1934, except that such manufacturer 
might instead suspend operation of such looms for one calendar week 
during each of the aforementioned two four-week -periods. 

The foregoing provisions of Administrative Order 1-60 were 
not to apply to (l) mills operating throughout said three four-week, 
periods a single shift of 40 hours or less i^ev week; (2) machinery 
actually engaged in filling such contracts for the United States 
Government a:s were awarded against "bids stibmitted -orior to May 32, 
1934;. • (3) machinery pngo.ged in the -jroduction of tire yarns or fa"brics 
for ru'b'ber tires, tobacco cloths, woven cotton blaiikets, upholstery 
and drapery fabrics, Ja.couard woven bedspreads, merino j'^arns, narrow 
fabrics of certain tj'pes, paper dx-j'er felt, millinery foundation cloths; 
(4) machinery used for spooling, v.rinding, reeling or skeining as a 
final process to produce cotton thre.ad for sale as a finished article. 
It was further provided that reductions in operation were to be made 
on reducing hours or days in each week and not in shut-dovms of one 
or more weeks. 

Administrative Order 1-63 of J-'aie 5, 1934, exempted for a 
period of three months the International Braid Company of Providence, 
Rhode Island, from the provisions of Section III of the Cotton Textile 
Code to the extent necessary to -oermit said company during soid "oeriod 
to operate a m^^ximum of ten looms thve^ shifts of forty ho\irs each per 
week in the production of Venetian blind ladder taie. 

Administrative Orders 1-64 aaid 1-55, both of Juiie 5, 1934, 
each exem;oted one company from the application of the curtailment order 
(Ho. 1-60) of May 22, 1934, (*) with respect to a limited number of looms. 

Administrative Order 1-66 of June 5, 1934, exempted from the 
curtailment order {'Jo. 1-50) of Usy 22, 1934 (**) (l) i\p to and including 
150 looms in any mill "having in place 300 looms or less and an adenuate 

(*) Sf^e page above 
(**) See page above • 



-27- 

n-um'ber of spindles in such mills to provide yarns to; balance the oper- 
tions of such exempted looms; (2) up to and including '2500 cotton spin- 
ning spindles in any mill having no looms and htaVing 5000 or less spin- 
dles in place; (3) all looms then engaged in the production of velveteens 
and clip spot marquisettes and an adequate number of spindles to pro- 
vide yarn to "balance the operation of such exempted looms ; and (4) all 
jacquard looms then engaged in the production of cotton damask and an 
adequate number of spindles to provide yarn to balance the operations of 
such exempted looms. 

... Administrative Order 1-67 (signed by the Division Administrator) of 
June 8, 1934, exempted three printing machines in each finishing plant 
in the industry from, the appliction of the curtailment order (No. l-60) 
of May 22, 1934* so that they might be operated up to'eighty hours a 
week for a period of four weeks beginning June 4 and ending June 30, 1934. 

Administrative 0rd.ers 1-68, 1-70 and 1-71, all-signed by the Div- 
ision Administrator and dated June 12, 1934, denied applications of in- 
dividixal companies for exemption from the curtailment ord6r (Ko. l-60) of 
May 22, 1934) .** ■ . ■ 

Administrative Orders 1-69 of June 12, 1934, 1-85 of August 28, 1934, 
1-87 of August 31, 1934, and: 1-90 of September 5, 1934, all signed by the 
Division Administrator, granted exemptions to individual companies from 
the provisions of the curtailment order (No. l-60) of May 22:, 1934,*** 
for various periods and with respect to certain productive machinery. 

Administrative Order 1-72 (signed by the Division Administrator) of 
June 22, 1934, stayed the provisions of the curtailment order (No. 1-60) 
of May 22, 1934, as to all knitters of ixnderwear, owning their own spin- 
dles, for the first period named in said order, provided that in the 
interim a conference of representatives of both knitters ovming and not 
owning their spindles was held to reconsider the whole question ade- 
quately; further provided that if upon reconsideration it was decided that 
the stay should not have been granted, said knitters of underwear owning 
their own spindles would be required to curtail their operations in the 
second and third periods so that the total number of machine hours cur- 
tailed would be equivalent to the number of machine hours v/hich would 
have been curtailed during all three periods had the stay not been grant- 
ed; and further provided that during the period of the stay such knitters 
of underwear did not sell yarn in the market. 

Administrative Order 1-80 (signed by the Division Administrator) of 
July 26, 1934, granted an exemption from the provisions of Order 1-60 of 
May 22, 1934, to the extent that all knitters of underwear, owning spin- 
dles and spinning yarn exclusively for their own use, for the four-week 
period beginning J-une 4, 1934, and for the eight-week period beginning 
July 2, 1934, were only to curtail their use of productive machinery from 
the maximum machine hours permitted by the Cotton Textile Code by the 
equivalent of one and one-half weeks' full time operation under said Code, 
or by 120 machine hours; provided that knitters of underwear, owning 

(*) See page 26 above. 
(**) See page 26 above. 
(***) See page 26 above. 

9721 



, -28- 

spindles "but not spinning yarn exclusively for their ovna use, would 
conform with the curtailment order of May 22, 1934, and if they had 
not conformed therewith during the first four-week period, in reliance 
on the stay granted hy Order 1-72, they were to curtail their operations . 
during the eight-week period beginning July 2, 1934, to such an extent 
that the total numher of machine hours curtailed during such eight weeks 
would he equivalent to the number of machine hours v;hich vrauld have been 
curtailed during the entire twelve weeks had the stay not been granted'. 

Administrative Order 1-94 of October 19, 1934, certified that the 
proposed installation by the Southern V/eaving Company of G-reenville, 
South Carolina, of tvro multiple shuttle loons was consistent with effect- 
■uating the policy of the National Industrial Recovery Act, under the re- 
quirements of October 1, 1933."= 

Administrative Order 1-96 (signed by the Division Administrator) of 
October 24, 1934, exempted the International Braid Company of Providence, 
Rhode Island, from the provisions of Section III of the Cotton Textile 
Code to the extent necessary to permit said applicant during a period of 
twelve weeks or such lesser period as such applicant might be subject to 
the Cotton Textile Code to operate a maximum of tv;elve looms three shifts 
of forty hours each per week in the production of Venetian blind ladder 
tape. 

Administrative Order 1-100 (signed by the Division Administrator) 
of January 15, 1935, exempted all looms engaged in the production of 
Venetian blind ladder tape from the provisions of sub-section (c) of 
Section III of the Cotton Textile Code for a period of five months from 
the date of the order. 

Administrative Order 1-101 of January 22, 1935, stayed the pro- 
ivisions of Section III, subsection (c) , of the Cotton Textile Code, as 
to all parties subject thereto for a period of fovir months from January 
22 to the extent of twenty-six jacquard looms in each plant in the in- 
dustry when such looms v/ere engaged in the production of jacquard woven 
bedspreads, provided that the total number of loom hours per week of all 
jacquard looms in a plant making jacquard woven bedspreads would not 
exceed the total number of loom hours per week permitted "oy said section 
of the code. 

Administrative Order 1-103 (signed by the Division Administrator) 
of January 30, 1935, exempted the Clearvrater Mill, Cedartown, Georgia 
(of the Goodyear Tire and Rubber Company) , from the provisions of sub- 
section (c) of Section III of the Cotton Textile Code to the extent 
necessary to perm.it said mill to operate a maximum of fifty-four looms 
three shifts of forty hours each per week in the production of chafer 
fabric for a period of thirty v/orking days beginning and including 
January 30, 1935. 

Administrative Order 1-110 of March 25, 1935, declared that an . 
emergency existed in the Cotton Textile Industry and that action was 
necessary to effectuate an orderly readjustment and rehabilitation of 

(*) See page 16 above. 

9721 



-29- 

the industry during a period of twelve weeks from the date of the order. 
The Cotton Textile Industry Committee was therefore authorized and dir- 
ected during the period of the emerge,ncy to determine on such temporary 
adjustments, as might he found necessary to effectuate the purpose' of 
the Act, in the maximum hours of operation of productive machinery 
otherv/ise permitted by the code, or in the number of operating units of 
such productive machinery, in particular divisions or groujis of the in- 
dustry, provided that such adjustments did not require reductions ex- 
ceeding 25 per cent in the hours of operation or in the maximum of such 
machines operating in such division or group within six months prior to 
the period of such reduction in the respective plants. During the period 
of any such temporary adjustment no productive machinery which had not 
been engaged within six months prior to the beginning of such period in 
the production of any division or group was to be transferred to or em- 
ployed in such operation, except productive machinery contracted for at 
the beginning of such period or installed in the course thereof pursuant 
to the requirements of the N.R.A. concerning additional productive 
machinery. No such temporary adjustment was to be made applicable by 
the code authority to any plant operating productive machinery during 
such period on a single shift schedule, provided that such plant was in 
operation within six months prior to such period of temporary adjustment. 

For the administration of the foregoing provisions of Order 1-110 
there was to be appointed by the chairman of the Code Authority three mem- 
bers of a Research and Planning Committee none of whom was to be specially 
interested as an owner, employee or otherwise in any unit of the indus- 
try. The National Industrial Recovery Board was to select a technical 
adviser in the employ of the government to serve as a representative of 
the National Recovery Administration as a full member of said Research 
and Planning Committee. The Committee was to investigate the facts as 
to conditions in the industry, formulate proposed action, and to observe 
the effects of v/hatever action was taken under the provisions of this 
order. The Research and Planning Committee was to transmit its reco- 
mmendations simultaneously to the code authority and to the National 
Industrial Recovery Board; the Code Authority iwas to exercise its 
powers under this order after and upon the basis of recommendations 
made by the Committee end was to notify the National Industrial Recovery 
Board of any proposed action, which action was to become effective not 
earlier than five days after such notification had been received, unless 
the Chairman, or other duly authorised representative of the National 
Industrial Recovery Board, notified the Code Authority in the meantime 
that such action was disapproved, or was disapproved unless m.odified, or 
was suspended. Any action taken by the Code Authority under this order, 
or the exercise of authority therein conferred, might at any time be 
revoked, or revoked unless modified, or suspended by the National In- 
dustrial Recovery Board.* 

(*) Pursuant to the authority delegated to the Cotton Textile Code 
Authority by Order 1-110, temporary adjustments in the hours of 
operation of productive machinery wore made for only three groups 
of the Cotton Textile Industry, as follows: 

1. Carded Sales Yarn G-rouT) - For two four-weeks periods begin- 
ning April 1 and April 29, 1935, respectively, no manufacturer was 
to operate any spinning spindle in the production of any type of 
carded yarn for sale as such in excess of 240 hours for each hour- 
weeks period, or in excess of 180 hours for the three-weeks period 
beginning May 27, 1935. No spinning spindles which had not been 
- Cfnntnote continued on following page) 



-30- 

Administrative Order 1-112 (signed Toy the Division Administrator) 
of April 12, 1935, granted an exemption to Monument A'ills, Ho-asatonic, 
Massachusetts, from the provisions of Section III (a) of the Cotton 
Textile Code to the extent necessary to permit employees in the hemming 
and scalloping department to be employed forty-eight hours per week, 
provided that time and one-third he paid for all hours in excess of 
forty per week, and that, since the exemption was granted hecause of 
lack of available vorkers, all duly qualified hemming or scalloping 
machine operators who applied for work v/ere to he employed. 

Administrative Order 113-A of April 26, 1935, was a telegram from 
the Division Administrator to Coilinghourne Mills, Inc., Elgin, Illinois, 
granting the company an emergency exemption from the provisions of Sec- 
tion III of the Cotton Textile Code so that its thread department em- 
ployees could work eight hours additional on April 27th, provided time 
and one-third was paid for said eight hours. 

Administrative Order 1-114 (signed hy the Division Administrator) 
of May 6, 1935, granted an exemption from April 15 to June 16, 1935, 
from the provisions of the determination of the Cotton Textile Code 
Authority for the Carded Sales Yarn &roup,**dated March 26, 1935, pur- 
suant to Administrative Order 1-110, to the 'Wilson Cotton Mills, Wilson, 
North Carolina, so that it was permitted to operate spinning spindles 
which had not been engaged in the manufacture of any t;;^e of carded 
cotton yarn for sale as such within six months prior to April 1, 1935. 



(*) engaged in such production within six months prior to April 1 were 
to be transferred to or employed in the manufacture of such yarn for 
sale, except such as might have been contracted for prior to said 
periods or installed in the course thereof pursuant to K.R.A. re- 
quirements as to installation of additional productive machinery. 

2. Wide Sheeting: G-roup - During the period of eleven weeks begin- 
ning April 1, 1935, no manufacturer in the wide sheeting group 
(operating looms 45" or wider in the manufacture of fabrics for 
immediate or ultim.ate use for bed sheets or pillow cases) was to 
operate looms in such production in excess of 75 per cent of the 
total number of loom hours otherwise permissible for such looms. 
The same restriction concerning machinery not engaged in production 
for six months prior to April 1, 1935, was set for this group as 
for the Carded Sales Yarn Group. 

3. Print Cloth Yarn Fabrics Crrour - The temporary reduction for this 
group was precisely the same as that for the Carded Sales Yarn Group, 
cited above, with this group defined to mean manufacturers of print 
cloth yarn fabrics laiovm in the trade as narrow plain print cloths, 
wide plain print cloths, carded broadcloths and pajama checks, ex- 
cluding fabrics known to the trade as shade cloths, tobacco cloths, 
medical gauze and fancy print cloths. 

(**) See footnote on page 29 above. 



9721 



-3i- 

The company was, however, to comply in all respects with the red-action 
in hours prescrited by said determination. 

Administrative Order 1-115 (signed by the Division Administrator) 
of May 6, 1935, exempted the Mandeville Mills, Carrollton, Georgia, 
from the provisions of the determination of the Cotton Textile Code 
Authority for the Carded Sales Yarn Group, above referred to, * from 
April 15 to June 16, 1935, provided the total number of spindle hours 
operated by said mill during any of the periods specified in said de- 
termination did not exceed 75 per cent of the total number of spindle 
hours otherwise permitted by Section III of the Cotton Textile Code. 

Administrative Orders 1-116, 1-117 and 1-118, all signed by the 
Division Administrator and dated May 6, 1935, exempted individual com- 
panies for varying periods from the provisions of the determination of 
the Cotton Textile Code Aiithority for the Carded Sales Yarn Group,** 
provided said com.panies did not operate any spinning spindle for more 
than tvi/o shifts of forty hours each per week as provided by Section III 
of the Cotton Textile Code. Administrative Orders 1-122 and 1-123, 
both signed by the Division Administrator and dated May 18, 1935, like- 
wise exempted individual companies for varying periods from the Code 
Authority determination previously referred to and with the same proviso. 

Administrative Order 1-120 (signed by the Division Administrator) 
of May 7, 1935, granted an exemption to the Bates Manufacturing Com- 
pany, Lewiston, Miaine, from the provisions of Section III (a) of the 
Cotton Textile Code so that 63 em.ployees were allowed to work 410-| hours 
overtime during the week ending April 13, 1935, and 27 employees were 
allov/ed to work 186 hours overtime during the week ending April 20, 1935; 
provided that time and one-third was paid for all hours worked in excess 
of forty per week. 

Administrative Order ?-121 of May 10, 1935, stayed the application 
of the provisions of Section III (c) of the Cotton Textile Code as to 
26 jacquard looms in each plant from May 22 to June 16, 1935, when such 
looms were engaged in the production of jacquard woven bedspreads, pro- 
vided that the total number of loom hours per week of all jacquard looms 
in a plant making jacquard woven bedspreads did not exceed the total 
number of loom hours per week permitted by said section of the code. 

Administrative Order 1-121A of May 16, 1935, was a telegram signed 
by the Division Administrator granting an emergency exemption from the 
provisions of Section III (c) of the Cotton Textile Code to the Russell 
Manufacturing Company, Middletown, Connecticut, from May 17, t.o 26, 1935, 
to the extent that looms engaged in the production of patented webbing 
used by the International Tailoring Company might be operated three 
shifts of forty hours each per week. 



( *) See footnote on page -29 above. 
(**) See footnote on page -29 above. 



9721 



-32- 

CHAPTER V 

Child Lahor - Section I V 

Section IV of the Cotton Textile Code, as originally approved on 

July 9, 1933, follows: 

"On and after the effective date, employers 
in the cotton textile industry shall not 
employ any minor under the age of 16 years," 

This section remained unclianged and no exemptions were granted there- 
from during the entire history of the Cotton Textile Code. 



9721 



-33- 
CHAPTER VI 
Statistical Heports - Section V 



Section T of the Cotton Textile Code, iis originally approved 
on July 9, 1933, follows: 

"With a view to keeping the President informed as to the ohser- 
vance or non-observa,nce of this Code of Pair Competition, as to 
?/hethor the cotton textile industry is talcing appropriate steps 
to effectup.te the declared policy of the Wationa-l Industrial Re- 
covery Act, each person engaged in the cotton textile industry 
will furnish duly certified reports in suhstance as follows and 
in such form as may hereafter he provided: 

" (a) T/a^^^es and houi's of labor. — Returns every four vfeeks show- 
ing actual hoLirs v/orl^ed by the various occupational groups of em- 
ployees eaid minimum weekly rates of wage, ' , 

"(h) Machinery data . - In the case of mills. having no looms, 
returns should he made every fon.r v;eeks showing the number of 
spinning spindles in place, the number of spinning spindles 
actually operating each week, the number of shifts, and the total 
number of spindle hours each week. In the case of mills having 
no spinning spindles, returns every four weeks showing the n-umber 
of looms in place, the number of looms actu^illy operated each 
T/eek, the nuriber of shifts and the total number of loom hours 
each v/eek. In the case of mills that have spinning spindles arid 
looms, returns every four weeks showing the niraiber of sjDinning 
spindles a.nd looms in pla,ce; the number of spinning spindles and 
looms actually operated each week, the number of shifts, and the 
total number of spindle hours and loom, hours eo.ch week. 

"(c) Reports of production, stocks, and orders . - Weekly returns 
showing pro'.:luction in terms of the commonly used pnit, i.e., 
linear yards, or pounds or pieces; stocks on liand both sold and 
unsold stated in the sam.e terms a;nd unfilled orders stated also 
in the same terms. These returns are to be confined to staple 
constructions and broad divisions of cotton textiles. The Cotton 
Textile Institute, Inc., 320 Broadway, New York City, is constitut- 
ed the agency to collect a;nd receive such reports," 

Office Order 34, dated September 12, 1933, and Executive 
Order 6479 of December 7, 1933, prescribed thot a.11 codes, both pre- 
viously and thereafter approved, be modified to require thit all 
persons subject to a code furnish such statistical information as the 
Administrator might deem necessary for the purpose recited in Section 
3(a) of the Act, Administrative Order X-10 of March 16, 1934, required 
all persons subject to codes to furnish from time to time such reports 
concerning payrolls, employees and ma.n-Iiours worked, upon forms approved 
by the Administrator as might be requested by the Bureau of Labor Statis- 
tics and Federal and State a{;encies working in cooperation therewith. 
The identity of the firm or individual supplying such information was 

9721 



-S4- 

not to be dicclosed. 

Aclmlnistrative Order 1-24 of Decem'ber 2, 1933, provided that mem- 
■berc of the industry were to f-arnish to the Cotton Textile Institute, 
Inc., as the a^e.icy for collecting tne snine , "such additional statis- 
tical data with respect to looms in operr.tion, loom hours, spindles 
in operation and spindle hours, classified hy the'- "broad divisions and 
staple constructions of products of the Cotton Textile Industry and 
also such additional data as to numhers of persons and amount of pay- 
rolls on a weekly or other basis as the code authority" might" require 
for the administration of the code and the performance of its duties 
thereunder." 

Administrative Order 1-25 of Eecemher 2, 1933, was as follows: 

"1. Each memher of the' finishing "oranch of the Cotton Textile, ' ■■ 
Industry, v/hether jo't) finisher, corporation finisher, or 
mill finisher, shall fui'nish to the Cotton Textile In- 
stitute, Inc., or to the ?Iational Association of Finish- 
ers of Textile FahricG, both of New York City, New York, 
as may 'be determined "by the Code Authority, set up by the 

Cotton Textile Industry Code, the statistical reports, 
data and information relating to finisiiing operations, 
as hereinafter described or with such modif icitions as to 
periods for filing and detail of reports as nay ''oe pre- 
scribed by the Code Authority, Compiled summaries of said 
stratistical reports shall be distributed by said Association 
to the members of the finishing industry, at such time or 
times and in such form and manner as may be designated by 
the Sub-Committee on Finishing of the Code Authority. The 
statistics, data and information so furnished or obtained 
sliall bo treated as confiaential , and neither the v/hole 
nor any part thereof s'nall be disclosed or published, ex- 
cept in -so far as the figures, data and information there- 
in conatincd form a part of s'.id compiled summaries. 

In so far as required by the Administrator, such statis- 
tical reports, data .^nd information sh'.ll be available 
to the ilational Recovery Administr ~.tion. 

"2. Each member of the finishing in'r'^.ustry shall certify his 

said reports, data and information, when and as requested 
by said Sub-Committee on Finishing, All reports, data 
■and information fiiTuisned in pnir«i;--ince to the require- 
ments 01 these reComm.enc'-ations'V/Iall be subject to veri- 
fication, as said Sub-Committee ma.}'' determine, and the 
books and records of mem'bers furnishing any such reports, 
dp.ta or information, sliall, for the purpose of any such 
verification, be opom bo examination b;^'- a competent and 
disinterested person or persons, appointed by said Sub- 
Committee on Finishing, at such reasonable time or times 
as may be designated by said Sub-Committee. If it should 
appear that any of said reports, data or information were 
wilfully made inaccurate, or were not filed when and as re- 
quired by these recommendations, without adeq-uate reason for 

9721 



-65- 

such delay, the exjoense 'Of such exainination shall he 
paid hy the memher so in defaiilt, 

"3, Hetiirns shall he made every four weeks hy each memher 
of the finishing industry showing.4 

(a) M achinery data» - The mumher of each tyi^e of produc- 
tive machines: 

(l) In place ; 

(3) Act\ially operated ecich week; 

(3) The nnmher of shifts operated each week; 

(4) The tota,l nnmher of -oroductive machine hours 
operated each vreek. 

(h) Froduc t i on ; S tocks . - Weekly returns showing pro- 
diiction in terms of the commonly used unit, i.e, 
linear yards, or pounds or pieces; stocks on hand 
hoth sold said unsold stated in the same terms and 
unfilled orders stated also in the same terms. 
These retujrns are to he confined to staple con- 
structions and hroad divisions, 

(c) Credit Information. - Eeports of delirquent ac- 
coxmts.for finishing cxiarges and collection per- 
centages, which infornEition shall he available to 
all members of the industry, 

"4, Each memher of the finishing industry, immediately after 
the date of a,pproval of these recommendations, shall 
file, as ahove provided, a list of all his charges for 
extra services and materials, and a statement of all his 
outstanding and' active quotations for finishing, includ- 
in the names of customers, description of work, yardage, 
terms, discounts, allowances and all conditions directly 
or indirectly affecting such transactions. Thereafter, 
ea,ch finisher slaall, from day to day, v/hen and as made, 
except as hereinafter provided, so file a report of every 
quotation made for finishing services, whether verhal or 
written, including sa-id. details. The iniorraation concern-^ 
ing saud ra.tes and qi'ptations, except names of customers, 
shall he distributed hy said Association to the members of 
the Finishing Industry," 

Administrative Order 1-35 of January 15, 1934, provided that the 
inventory of productive machinery in place and under contract, re- 
quired by the supplem.entary provisions of the Cotton Textile Code 
effective October 1, 1933, Ssras to be stated as to the finishing, 
thread manufacturing and yarn mercerizing branches of the industry as 
of November 13, 1933, the time at which such supplementary provisions 
became applicable to those branches hy a.aendments to the code. The 
order also provided that the monthly reports, rea^uired to be filed by 
the same three branches of the industry v;ere to cover periftds begin- 
ning December 1, 1933, instead of October 1, 1933, 



9721 



Administrative Order 1-36 of onnvoxy 15, 193-1, vras as folloYirs: 

"1, Every manufact-'arer of cotton thread as defined "by the 

Code of Jair Competition for the Cotton Textile Industry 
as ojnended and ajoprovcd Fovemocr S, 1933, sliall furnish 
to the Cotton Textile Institute, Inc. suhject to the 
disposition of the Cotto:. Textile Industry Committee, 
the Code Authority, the statistical reports, data and 
information relating to cotton thread man-ofacturing 
operations as hereinafter descriood 'or vdth such mcdifi- 
cations .as to periods for filing and details of reports 
as may he prescrihed "by the Code Authority, All data 
furnislied in such reports sliall be held in strict, con- 
fidence except as the Administrator may otherTdse re- 
quire, and except that compiled siammaries of the in- 
formation f'ornished "oy such reports may iDe distributed 
to the raemhers of the Cotton Thread Ifenufacturing 
Branch of the Industry at such times -and in such manner 
a,s the Suh-Committee on Thread may designate. 

"2, Al> 'reports, data and inicrma.tion shall he duly certified 
v/hfcn and as requested "by the Stih-Coramittec on Thread. 

"3. Eiturns sliail be made every four vieeizs by each momber of 
the Cottoh Thnread Manufacturing Branch of the Industry 
s'hovang: 

(a) Machinery d.ata ..- The number of spindles of each 
type of productive machine: 

(1-) I p. place; ■ '' 

(2) Actually operated each week; 

(3) The number of shifts operated e.ach week; 

(4) The total mombcr of productive m.achine spindle 
hovijrs operated each '^;cek, 

(b) Production, Stocl:s and Orders . - The botal prodiiction 
in terns of t"ne coanonly used ^mit, i.e., linear 
yards or pounds or pieces dijring each four weeks' 

■period; stoc;:s on Jonnd both sold and unsold stated 
in the same terms, and unfilled orders stated also 
in the same terms, all as of the last day of each 
' aforesaid foui- weeks' period." 



?721 



-.37- 

■ ■■, CHAPTER VII 
gjB Code Authority ~ ^Section VI 



Sectio:a VI of the Cotton Textile Code, as originally approved on 
July 9, 13o5, x.T.B as follors; ' 

"To f^„u'ther effect-aa.te the policies of the Act, the 
Cotton Tertile Industry CoiiLuittee , the a^policiints herein, 
or such successor committee or committees &s may hereafter 
tie constituted hy the action of the Cotton Textile Insti- 
tute, the American Cotton " ;anirf.':,cturers Association, and 
the lT:,tio-ir,l Association of Cotton I-fen^of- cturers, is set 
up to cooperc-te mth the Administrator o,s a plajining and 
fair pr,-,ctice agency for the cotton textile industr}^. Such 
agenc: ■ ;i,?." from time to time present to the Administrator 
recon::end,-,tions "based on conditions in the industry as they 
may dev3?.o ;- from time to time r-hich will tend to effectuate 
the operation of the provisions of this Code and the policy 
of the "J.:;biono,l Industrial Hecovery Act, and in pa.rticular 
alon,]; the f ollo^.-'ing lines; ■ ■ ■ 

"1. Ps commendations as to the requirements "by the Ad- 
miniLstrator of such further reports from persons engaged 
in the cotton textile industry of statistical information 
and heepin:^ of. tmiform accounts as may "be required to se- 
ciu-'e the prober observance of the code and promote the 
proper oalancing of production s,nd comsumption and the 
stahilization of the industry and emplojn-iient . 

"2. Ilecomi^endations ;for the setting up of a service 
hureru for engineering, accounting, credit, aJid other 
pvLTposes to aid the smaller mills in meeting the con- 
ditions of the em.ergency and. the requirements of this 
code . 

"3. He commendations (l) for the requirem.ent "by the 
Aduinistra.tor of registr,ation "by persons engaged in 
the cotton textile industry of their productive ma-- 
chinery, (2) for the reqxiiremsnt 'by the Administrator 
that prior to the installation of adc.itional produc- 
tive ;.iachinery "by -.ersons engaged or enga,ging in the 
cotton textile industry, e.xcept for the replacement 
of a similar num"ber of existing looms or spindles or 
to ""oring the oper.ation of existing productive machin- 
ery into balance, such persons shall secure certifi- 
cates tliat such installation vrill "'oe consistent with 
effectruating the policy of the I'ational Industrial 
".ecovar:" Act duriiig the period of the emergency, and 
(3) for the granting or withholding "by the Adminis- 
trator of such ■ ccrtf icates if so required 'oy him.. 



9721 



"4. Secomuendations for chaii,g'e.s. in,- or exeaptions from 
tlie provisions of this code as to the uorking hours of 
imcliinsry v/hich will tend to preserve b, 'bo-ls.nce of pro- 
dxictivs activity \/rtli cons-umption requirements, so that 
the interests of the industry and the puhlic may be 
properly served. 

"5. " ecomraendations for the making of requirements hy 
the Ac3:-:inistrator as to practices by persons engaged in 
the cotton textile industry as to methods end conditions 
of trading, the naming and reporting of prices i;/hich may 
he appropria,te to avoid discrimination, to promote the 
staOili::ation of the industry, to prevent end eliminate 
i-iivfair and destructive competitiAre prices and practices. 

"6. ?.e commendations for regulating the dis'oos.al of dis- 
tress merchandise in a, vsr;' to secure the protection of 
the cners and to promote sound and stable conditions in 
the indr.stry. 



II 



Iiecomnendations as to the making available to the 
sxippliers of credit to those en~rged in the industry of 
information regarding terms of, gjid rctual functioning 
of cjiy or all of the provisions of the code, the condi-- 
tions of the industry and regarding the opera.tions of 
cxcj and all of the me iber^ of tae industry covered by . 
such code to the end thr t d^'oring the oeriod of emergency 
available credit may be ads,pted to the needs of such 
industry considered as a. ^'hole and to the needs of the 
small as well ?,s to the large units. 

"o. r.ecoramendations for dealing Fith nny inequa.lities 
that ma;" othervjise arise to enda,nger the stability of 
the inv..ustry and of production and employment. 

"Such recommendations, i,?hen approver by the Administra- 
tor, shall have the same force and effect as any other 
provisions of this code . 

"Sucharency is a.lso set up to coo'-erate i.dth the Admin- 
istra.tor in maJcing investigations as to the functioning 
and observance of any of the provisions of this Code, at 
its ovm instance or on complaant by any person affected, 
r-nd to report the ScUiie to the Administrator^, 

"Such c^;:enc3'" is a.lso set up for the purpose of inves- 
tigating and informing the Ac'jninistrator on behalf of 
the Cotton Tortile Indr.stry a.s to the importation of 
CGi.voetitive articlss into the United States in si^bstan- 
tial oi7.antities or increasing ratio to domestic "oroduc- 
tion o:i such terms or under siich conditions as to ren- 
der ineffective or siriouslj to enda.nger the maintenance 
of this code a.nd a-s an egenc/ for making complaint to 
the president on behalf of the Cotton Textile Industry, 



9721 



-39- 

; tmf.er tlie provisions, of tlie ITatio.nal Industrial Recovery 
Act, T/itli respect thereto." ■ ' 

Tlie prosic.ent's order of approval added to the functions of the 
"Planning Con.:ittee" of the ind-astr^ the responsibility of consider-: 
ing the ' que G t i oil of plans for eventual employee p^Tnership of homes in. 
mill village's r:,iC aaking a, report thereon to the l].R.A. prior to 
January 1, 1934* 

The first r::endiaent to Section ^''I rras approved oy the President 
on August 25, l£o3, and '7a,s as follo'-^s: 

"Thrt ill the first sentence of Section VI of said Code the 
vrord 'and' he omitted, hefore the nords 'the national Asso- 
ciation of Cotton Kanufacturers ' and that there oe inserted 
after those vords 'and the National Itayon ".reavers' Associa- 
tion,' so that the completed sentence shall read a,s follows: 

"To fiu^ther effectua.te the policies of the Act, the 
Cotton Textile Inr.ustry Comi.:ittee, the applicant 
herein, or such successor committea or com. .ittees as , 
maj'"' hereafter "be constituted "bv the action of the 
Cotton Textile Institute, the Araerican Cotton I'anu- 
factiu^ers Association, the National Association of 
Cotton Jianufacturers, and the Fationa.l Eayon '^'eavers ' 
Association, is set up to cooperate riith the Adinin- 
istr,;,tor as a Planning and Fair Practice .^ency for 
the Cotton Textile Industrj^. '" 

The recu-ireuents approved "by the Administrator, effective Oct- 
o"ber 1, 1S5S, designated the Cotton Te^ctile Industry Committee to 
examine into and make recomjjiendations to the Administra.tor concerning 
applications for certificates for installation of productive machin- 
ery. ** 

Administrative Order 1-23 effective DecemlDer 2, 1333, provided 
that the Code Axithority with the conciirrence of the government rep- 
resentatives, thereon might require a tempoia.ry shortening of hours 
of machine operrtion within a,ny group of the Cotton Te~tile Industry 
for periods of not .jnore than ninety days.*** 

Adminirstr -.tive Order 1-53 of April 9,1S34, delegated to the 
Plant Extensio:i Su"b-Comrnittee of the Cotton Texfile Indiistry Committee 
the right to ermine into ap'olications for, ond to issue, certificates 
for the in'^ta.llr.tion of additional productive machinery, "oursuant to 

* This na.s incprpora.ted as Section }II of the Code as finally approved 

July 16, rD35. See page 45 helow. 
** For fiillsr discussion of this order, see page 17- ahove. 
*** See also "cage 19 ahove for discussion of this order. 



9721 



... -40- 

the s-apQle;ientc.r7 provisions of the code effective Octotier 1, 1933,* 
in cases ulisrs r.pplicr.tioii for such certificates. \7<as mt.cle for the 
insta.llatio:i of 2jrod\ictive riachinery '-'hich (a) \Tas, prior to such 
installation, re^gistered •or'.rsr.s.nt to the a+'orementioneo. supplementary 
provisions, or .("b) rras, prior to siich installa.tion, the si\uject of a: 
certifica.te issued pursuant to the srld supplementary provisions; pro- 
vided that cur such a.pplicati.on rrhich mcs denied by sadd SuTDv-Committee 
was to ae tr.-nsfsrred to the Administrator for final action o.t the 
re cue St of the a;5plicant. 

Adrainist:..: tive Order l«93.of Octoher 12, 1S34, delegated, until 
further order, to the Plant I;::tensior! Suh-Comj-ittee for the Finishing 
Branch of the Cotton Textile Industrj' the ri-^ht to exai'-iine into appli- 
cations for, rnd to issue, certificates for the installation of addi- 
tional productive na.chinery prr siiant to tne supplementary provisions of 
the code ef:'ective Octoher 1, 1935, in so far as such right ■ relates to 
the instc.llrtioii of finishing machiaery and eouipuent, in cases where 
application for svLch certif ic;-.t9s -res .iF.de for the installp.tion of 
machinery "hich had hesn registered or h-d "been the suhject of a certi« 
ficate prior thereto. Any application ^-hich ''as denied "by said Suh- 
Committee :.-as, at the request of the a,-oplica.nt , to be transniitted to 
the national Indiistrial Recovery Eoard for final action. Administra- 
tive Order 1-53 of April 9, 1934, i."as rescinded only in so far as its 
provisions were inconsistent \7ith the foregoing "rovisions of Order 
1-93. , '[ . ~ 

Office Order 51 of Decemter 27, 1953, provided tha.t no code au- 
thority was to hring a suit to, enforce a code without prior approval 
of NEA and that any litigation against a code authority was to "be 
reported proi.iptly to KRA. 

Administr-tive Order 1~55-A was a letter a.ddressed hy the Division 
Administrator on :"ay 5, 1934, to the President of the Cotton Textile 
Institute, authorizing the Cotton TertiDe Industry CoLunittee, or any 
other fair trade practice a.~ency designated 'oy spid comnittee, to 
handle trade practice complaints in the first instance under the Cot- 
ton Textile Code. Under this authorization the comi.dttee ..light re- 
ceive s-ach coiiplrints for a,dj\\stment in the first instance -.Tithout 
previous refarence to the I'i^HA State Co. ipliance Director or to any 
other ITHA. co-nplirnce agency, "but no couplainant was "o.i'ev3nted from 
appealing to the ilBA at any time. The committee was requirec' to 
make weehly reports to the Acjninistrator setting; forth the num'ber of 
complaints filed with it, the nuC'^'ber of complaints adjiisted, and the 
num'ber of coirolaints una.djusted '-ithin each ^-'eel-.ly period, classified 
as to the ti'ie of conplaints. 

Administrative Order X-29 of May 12, 1954, provided that all 
code authorities and industrial a.djust:nent agencies theretofore au- 
thorized to handle a particular type of complaint in the first in- 
stance '.-ere there"by officiall]- authorized to hanc.le suc"n conplaints . . 

Executive Order S711, da.ted I'ay 15, 1934, prescri'bed that no 
employer siioject to a code Wras to dismiss or demote any em.ployee for 

* See page 1 V ahove . " 

9721 



-41- 

making a coMplr.iiit or giving evidence Y.dth respect to an alleged 
violation of the ;orovisions of pny cod.e. 

Adrainir.tr^tive Order 1-85 of August 29, 1934, authorised the 
Cotton Te::tile Ir.diistry Coinmittee, or any su-h-coranittee appointed bv 
it for the purpose, to .aake available to the Reconstrtiction. Finance 
Corporation, and to such other govern:ienta,l agencies as were author- 
ized by 1:;.T to 3u:oply credit to menfoers of the Cotton Textile Industry, 
"inf ormatio-i re;--T'rding terms of, and actual functioning of any or 
all of the provisions of the code, the conditions of the industry, 
together vfith s"ach other natter pertiy.ent to the supplying of credit 
to the indaotry as such, comnittee" ini^^ht deem 3,ppropriate . All in- 
formation thus Liade availa.ble \7a,s, at the sejne tiue, to oe laade 8,vail- 
able to the 1I?JI. 

(Provisions for the collection of code adjiinistration ex'nenses 
were never incorporated in the Cotton Textile Code, such e:rpenses be- 
ing borne by the Cotton Textile Institute, the American Cotton Manu- 
facturers Association, the national Association of Cotton k'anuf acturers, 
and the national Ha5'"on Weavers' Association, representatives of which 
associations co:.:prised the Cotton Textile Industry Committee. For a 
discussion of the vg.rious Executive and Administrative Orders con- 
cerning budgets and assessments, see The Content of EIBA Administra- 
tive Legislation , Part A , Executive find Administrative Orders , 
Chapter XXV .) 



9721 



-42- 

CI14PT3H VIII 

Adjustment of Contr-~cts Costs - Section VII 

Section VII of the Cotton Textile Cede, as originally approved on 
July 9, 1933, follows: 

"Tfiiere tile costs of executing contracts entered into 
■ in tlie Cotton Textile Industry prior to tlie presenta- 
tion to Congress of tie National Industria,! Recovery 
Act are increased "by tlie application of tlie provisions 
of that Act to the industry, it is equitable and pro- 
motive of the purposes of the Act that appropriate ad- 
justments of such contracts to reflect such increased 
Costs be arrived at by arbitral proceedings or other- 
wise, and the Cotton Textile Industry Committee, the 
applicant for this code, is constituted an agency to 
assist in effecting such adjustments." 

No change of any kind was made in this section of the code during 
its life. 



9721 



-43- 

CiiAPTEE IX 

Mandatory Provisions of the Act - Sections VIII and IX . 

Section VIII of the Cotton Textile Code, which set forth the 
mandatory provisions of Section 7(a) of the Act and reinaaned i;mchanged 
during the lifetime of the code, was e.s follovvs: 

"Employers in the Cotton Textile Industry shall com- 
ply with the requirements of tiie National Industrial 
?.ecovery Act as follows: '(1) That employees shall 
have the riglit to organize and bargain collectively 
through representatives of their own choosing, and 
shall be free from tiie interference, restraint, or 
coercion of employers of labor, or their agents, in 
the designation of such representatives or in self- 
organiza-tion or in other concerted activities for the 
purpose of collective bargaining or other mutual aid 
or protection; (2) tliat no employee and no one seeking 
employment shall be reqxiired as a condition of employ- 
ment to join .-my company union or to refrain from join- 
ing, organizing, or assisting a labor organization of 
his own choosing; and (o) that employers shall comply 
with the maximum hours of labor, minimum rates of pay, 
and other conditions of employment, approved or pre- 
scribed by the President.'" 

Section IX of the Cotton Textile Code embodied the mandatory pro- 
vision s of Section 10(b) of th.^ Act, remained unchanged througliout the 
life of the code, and was as follows: 

"This code and all the provisions t-iereof are ex- 
pressly made subject to the right of the President, 
in accordance wit-i the provision of Clause 10(b) of 
the National Industrial Recovery Act, from time to 
time to craicel or modify any order, approval, license, 
rule, or regulation, issued under Title I of said Act, 
and specifically to the right of the President to 
cancel or modify his approval of this code or any 
Condi ticns imposed by him upon his approval thereof." 



9721 



-44- - 

CIIAPTEH X 

Modif ic ation of Code' -Sect icm X. '' ■ ''^ 

Section X of 'tli.sGGtton Textile .-Coda .nuiained uncliangsd tlirougli- 
out tlie lifetime of tlia code arid was as follows: , , 

" Such' of til e previsions of tliis wode as are not re- 
quired to 1:6 included tlierein by tlae National Indus- 
trial Recovery Act ^npj, iwitii tlie ■ approval , of the 
President, be modified or eliminated as changes in 
circumstences or experience may indicate. It is con- 
templated that from time to time supplementary provi- 
sions to this- Code or additional codes will be sub- 
mitted for the' approval of the President to prevent 
■unfair competitive' practices and to effectuate the 
other purposes and policies of Title I of the Nation- 
al Industrial Recovery Act consistent with the provi- 
sions hereof."- 



9721 



-45- 

CHAPTSa XI 

Ownsrahiy of Mill Village Eomcs -- Section XI . 

Section XI of the Cotton Textile Code was a revision of one of the 
conditions in tlie President' s original order of approval of July 9,1933., 
liecajae apail't of tiie code as finally approved July 16, 1933, was never 
modified and was as follows: 

"It sZiall be one of the fxmctions of the Planning 
and. Fair Practice Agency provided for in Section VI 
of tae Code to consider the question of plans for 
eventual employee ownership of homes in mill villages 
and submit to the Recovery Administration prior to 
January 1, 1934, its report in the matter." 



9721 



-45- 

CIIAPTSH XII ^ 

Office Em'oloyees - Section XII 

Tlie condition in tlia Pre:Sid8nt' s order of approval' of ' the Cotton 
Textile Code, dated July 9, 1933, "tiiat office employees be included 
within the benefits of the code" was apparently interpreted by the 
industry coinraittee as referring only to hours of labor for such employees. 
At all events, the, following, sug^je jted by the industry cominittee, was 
incorporated as Section XII in the code as finally approved by the 
President on July 16, 1933: 

"On and after July 31, 1933, the maximum hours of 
labor for office employees in the Cotton Textile In- 
dustry shall be an average of forty hours a week over 
each period of six months." 



9721 



-47- 

' CHAPTER XIII- ■ 

Wage Differentials - Secticn XIII 

One of tie conditicns in tie President's order of approval of the 
Cotton Textile Code of July 9, 1933, was that "the existing amounts "by 
TOliich wages in the aigher-paid classes, up to workers receiving $30 per 
week, exceed wag is in the lowest paid class, shall l)e maintained". 
The industry committee proposed the following wording for this coi di- 
tion which was accepted ty the President and incorporated as Section XIII 
of the code as finally approved on July 16, 1933: 

" Tiie amouxit of differences existing prior to 
July 17, 1933, "between the 'wage rates paid various 
classes of employees (receiving more than the esta'b- 
lished minimam v/age) shall not "be decreased — in no 
event, however, shall any employer pay any employee 
a wage ra.te which v/ill yield a less wage for a work 
week of 40 hours than such employee was receiving 
for the same class of work for the longer week of 
48 hours or more prevailing prior to July 17, 1933. 
It shall be a f^onction of the Planning and Fair 
Practice Agency provided for in Section VI of the 
Code to o"bserve the oporaticn of these provisions 
and recommend such further provisions as experience 
may indica,te to "do appropriate to effectuate their 
purposes. " 

On November 8, 1933, the phrase "classified according to occupa- 
tions" was added after tie phrase ""between the wage rates paid various 
classes" in Section XIII "by an amendment approved by the President. 

Administrative Order 1-38 (signed "by the Division Administrator) 
of August 31, 1934, ruled that the terra "wage" as used in Section XIII 
of the Cotton Textile Code "meant the total compensation received for 
the class of work performed "by the employee" ;> further, the week 
immediately prior to July 17, 1933, was to "be used in determining the 
wage to "be received for the longer work week. Therefore, as stated 
in the order, it was incumbent upon a certain mill subject to the 
code which gave all its erai^loyees a bonus of 10 percent for each of 
two weeks prior to July 17, 1933, to include such bonus in its calcu- 
lation of the wage for the work week of 40 hours prescribed by the 
code - in other words, the mill, wiaich was on a 54-hour week prior 
to the code, was compelled to raise its wages 35 percent on the 
basis of its previous v/age rate plus the bonus of 10 percent, above 
referred to. 



9721 



CIIAPTSH XIV 

Maximam Hours - Hepair Sliop Crev/s, stc . - ^efet.ion XIV . 

One of the conditions in tiie President's order of a,pproval of the 
Cotton Textile Code, dated July 9, 1933, was that ' time ajid one-half "be 
paid for overtime to repair sl^^p crew's, engineers, electricians and ■ 
watching crews "because of their exception from the majcinMm hours, pro- • 
vision. The industry committee suggested in lieU'thereof the follow- 
ing, which was accepted "by the President on July 16, 1933, and incor- 
porated as Section XIV in tlie code as finally approved: 

"On and after the effective date the maximum hours 
-.of la'bor of repair shop cre'.?s, engineers, electricians 
and watching crews' in the Cotton Textile Industry 
shall, except in case of emergency work, be forty hours 
a week with a tolerance of 10 percent. Any emergency 
time in any mill shall be reported' monthly to tlie 
Planning and Pair Practice Agency provided for in 
Secti.on VI of ' t.ie Cede, througli the Cotton Textile 
Institute." 

This section of the code remained unmodified t'arouj;hout its life- 
time, and no exemptions were granted taorefrom. - 



9721 



-49- 

CIIAPTEE 2V 

7ork AssL^mnent - Sections XV and XVII 

Tlie condition concernin'- "stretch-outs" in tne Executive Order 
of approval of t^ie Cotton Textile Code, dated July 9, 1933, sliglitly 
revised "03^ tl:ie industry convnittee, was incorporated as Section XV in the 
code as finally appi-oved on July 15, 1933: 

"Until ado'ption of further provisions of this code that may 
prove neccsGp.ry to prevent ajiy improper speeding up of work 
(stretch-outs), no employee of any mill in the Cotton Tex- 
tile Industry shall he required to do any work in excess of 
the practices as to the class of work of such employee pre- 
vailing; on July 1, 1933, or prior to the Share -thc-Work-Hove- 
ment, unless such increase is suhmitted to and approved "by 
t>.e at;ency created by Section 6 of the' code s,nd by the h"a- 
tional Recovery Administration." 

Ad:iini strati ve Order 1-16 of August 8, 1935, approved tg.e following 
ajnencbient to the code, vdiich was incorporated as Section XVII thereof, 
superseding Section XV, ahove: 

"To niai:e proper provision with regard to the stretch-out 
(or specialization) system or any other problem of working 
conditions in the Cotton Textile Industry, it is provided: 

"?1. There shall "be constituted "by appointment of the Adninis- ' ' 
trator a Cotton Textile National Industrial Helations Board, 
to be composed of three rnenibers, one to be nominated by the 
Cotton Textile Inc^ustry Committee to represent the employers, 
one to be nominated by the Labor Advisory Board of the Na- 
tional Recovery Administration to represent the employees, 
and a third to be selected by tiio Adiiinistrator. This na- 
tional Board shall be provided by t"x:.e rational Recovery Ad- 
ministration with a per diem for actual days engaged in its 
vrork a;.id with sucli secrets^rial and expert technical assist- 
ance as it jiay require in the performance of its duties. 

"3. Tl.c Adainis tractor, upon the nomination of the Cotton 
Textile national Inclustrial Helations Board shall appoint 
in each state in which t.-ie cotton textile industry operates 
a State Cotton Textile Industrial delations Board composed 
of three members, one of w"iiom shall be selected from the 
employers of the cotton textile industry, one from the em- 
ployees of the cotton textile industry, and a third to repre- 
sent the public. 

"3. 'Xienever, in any cotton textile mill, a controversy 
shall arise between employer and. employees as to the stretch- 
out (or specializa.tion) system or any other problem of vrork- 
in-; conditions, t"he employer and the employees may establish 
i - such mill an Industrial Relations Covimittee chosen from 
the management and the eiployees of the mill and on which the 

9721 - 



"50.- 

.--„ ^.. - a.'- -<. ■ ■-■■ ■-l"-'-iJ- 

craployer aiicl the cRiployees nliall 'have equal representation 
of not more than -three repxesentatives ce,ch. If such a com- 
mittee is not cthcrwise ectatlishcd, the employer or the em- 
ployee, or hcth, may apply to the State Industrial Relations 
Board for assistance' and, cooperation, in the estahlislTment in, 
such mill of such industrial relations com..!ittee. The tenn 
of service of each such mill committee shall "'oe limited to 
the adjustment of such controversy or pro'blem of working con- 
ditions for the adjustment of \yhich the committee was created. 

"If the representatives of the employers and. of the employees 
in such industrial relations committee are unahle to arrive 
at SJ.1 agreement and united action with respect to such differ- 
ences of opinion, the representatives of tiie employers or the 
emT)loyees, or hoth', may appeal to the State Industrial ' Rela- 
tions Board' for cooperation and assistance in arriving at an 
a^'reement and united a.ction. 

"It shall "be the duty of such Industrial Relations Committee to 
'endeavor to adjust, such controversy. In cases wnere such com- 
mittee reaches a,grecment with respect to any such controversy, 
such agreement shall "be final except that it shall he su'brait- 
ted to the Cotton Textile National Industrial Relations Board 
for review and ap;oroval under such regulations as such I'Tation- 
al Board may esta'blish. 

"This provision for such industrial relations committee within 
the particular mills sh-aJil he y/ithout prejudice to the freedom 
of association of caployc'es and the other provisions of Sec- 
tion 7, of the Industrial Recovery Act. 

"4. It shall he the duty of the State industrial Relations 
Board, where their assistance is requested, as provided in suh- 
scction 3, tc cooperate with employers and employees in organ- 
izing industrird-relations committees in individual cotton 
textile mills and to cooperate with such commit toes in the 
development of conference procedures and in the a^djustmcnt of 
differences of opinion with respect to the operation or intro- 
duction of the stretch-out system and other problems of work- 
ing conditions. 

"In the event that the State Industrial Relations Board is 
unahle to "bring a'bout agreement ajid united action of lahor 
and management in a controversy so appealed to it, such State 
Industrial Relations Eofird shall present the controversy to 
the national Industrial Relations Board for hearing and final 
adjustment. 

"5. The National Indxistrial Relations Boa.rd sha.ll hoar and 
finally deter.iinc all such questions brought "before it on ap- 
peal by the State industrial Rcla.tions Boards acid certify its 
decisions to the Adainistrator aaid shall have autho'rity to 
codify the experience of the industrial-relations' committee 



9721 



of t.e various mills pnd state 'boards with a view to csta.'b- 
TiistiiiiQ standards of .-i^eneral practice with respect to the 
stretcli-out (or specialization) orstcm or other prohlems of ■ 

AcuiiinistrativG Order 1-75 of Jnly 10, 1934, approved an aintmanient 
to Section X?II Avhich changed the first (■unn-umbcrod) paragraph of that 
section hy adding after the phrase "To make proper provisions with re- 
gard to" the following: 

"any prohlem of workin,^ conditions in the Cotton Textile 
Industry, including hut without limitation all claims and 
complaints of discrimination, representation, incorrect en- 
tries on po.y envelopes, unwarranted reductions in classifi- 
cation, increased stretch-out, alleged violations of Section 
7 (a) of the Industrial Hecovory Act, and all other alleged 
violations of coo.e provisions affecting relations "between 
employers and employees, ..." 

The saime phraseology was added to the paragra^ph nurahered 3 in, lieu of 
the phrase "as to the stretch-out (or specialization) system or any 
other prooleu of working conditions." 

Tile amencinient of July 10, 1934, also increased the membership of 
the Cotton Textile ITational Indxi.strial Selations Board (set forth in 
paragraph 1) to five, "two to he nominated by the Cotton Textile Indus- 
try Committee to represent the employers, two, at least one of whom 
shall he from the employees of the Cotton Textile Industry, to he nomi- 
nated hy the Lahor Advisory Board of the National Recovery Administra- 
tion to represent the employees, and a fifth to he selected hy the 
Administra.tor" . Further, this ainendment cla^rified the last paragraph 
of the section numbered 3 by stating" fehiat.l.the provision for industrial 

relations committees was to he "so construed as to pernit the employees 
freely to choose their own representatives in full compliance with the 
provisions of Section 7 (a) of the Industrial Hecovery Act." 

Executive Order 6840 of Septemher 5, 1934, created in connection 
with the Depa,rtment of Lahor under aiithority of Puhlic Resolution 44 of 
the 73rd Congress the Board of Inquiry for the Cotton Textile Industry 
to inquire into the general ch8.ra,cter and extent of the complaints of 
the workers and the prohlems confronting the employers in the cotton 
textile, wool, rayon, silk and allied industries, and to consider ways 
and means of meeting said prohlom^s and complaints. 

Executive Order 6858 of Septe:iiher 26, 1934, created the Textile 
Lahor Relations Board, composed of three Special Commissioners appoint- 
ed hy the President, under authority of Puhlic Resolution 44 of the 
73rd Congress in connection with the Department of Lahor. The Board 
'jas authorized to investigate, hold hearings and mai-ce findings of fact 
as to a.ny alleged violation of Section 7 ( a) of the Act, and to refer 
such findings to proper governmental agencies for appropriate action; 
and with respect to codes for the cotton textile, silk textile and wool 
textile industries, to investiga.te, hold hea,rings and make findings of 
fact as to any alleged violations of said codes with respect to hours 
of v/ork, rates of pay or other conditions of employment and to refer 

9721 



-5.3- 

such. findings to the proper agencies for appropfiate action. Appeals 
on questions of law in cases involving Section 7 (a) of the Act or 
parts of codes might te taken from the Textile Lahor Relations' Board to 
the National Xahor Relations Board in cases in ?;hich (l) the Textile 
'Lahor Relations Board recommended reviev?, (2) difference of opinion 
existed in the Board, or (3) the National Lahor Relations Board deemed 
review would serve the pu^blic interest. This Executive Order also 
abolished the Cotton Textile National Industrial Relations Board, the 
Textile national Industrial Relations Board and the Board of Inquiry 
for the Cotton Textile Industry. 

An'sm.enctment of the Cotton Textile Code, approved Cctoher IB, 1934, 
"by the President, .repealed Section ZYII of the code and substituted the 
following therefor: 

"(l) ' The Textile Labor Relations Board shall appoint a 
Cotton Textile Work Assigix'ient Board, to bo composed of an 
impartia,l chairman, one representative of the caraloyers sub- 
■ . ject to the Code of Fair Coropetitiou for the Cotton Textile 

Industry, and one representative of the erai^loyees in that 
Industry. . ■ . ' • 

■ "(2) In order to provide opportuiiity to dcvclcpe a sound 
method and adequate organization for tue re-'-y.lation of v/ork 
assignments, no em,ployer prior to Rebruarj'' 1, 1935, shall 
make aaij change in work assignment of any class of employees 
r- which sha.ll increase the effort required over that prevail- 
.■■■„ ing on September 21, 1934. 

; "During this period the number of loom.s, frames or other 
ma.chines required to be tended by any class of employees 
shall not be increased where the character of the raw ma- 
terials, yarn, construction of cloth, preparat*:fy;pro cess- 
es, type of equipment used, or character of finish or 
put-up, is not chaiigcd. iTnerc such chan.ges do occur the 
number of machines tended by such Gmployces may be in- 
creased or decreased in such manner as Y/ill not increase 
the amount of effort required of the worker. 

"l?liej.-e, during the period above referred to, a mill re- 
sumes the manufacture of any specific product which it 
has made within six months prior to September 21, 1934, 
and where the conditions of manufacture enumerated in the 
preceding paragraph are not changed, then the work load 
formerly used on such product shall be the gu-ide in deter- 
mining the proper work assignment. 

"'■Jhere, on September 21, 1934, a no'-r style of yarn or cloth 
or any other new type of pi-oduct was in course of intro- 
duction or is thereafter during the period above referred 
to introduced into a mill or finishing plant, a tentative 
Yrorlz load may be established 6.uring the period of deter- 
mining a proper work load in accordance with the foregoing 
principles. 

9721 



-53- 

"(3) Prior to Pel^raary 1, 1935, on petition of any 
emTDloyee or erax)loyer affected, or his representative, or on 
its o'-Ti motion, the Cotton Textile ¥ork Assignment Board may 
investigate any work assignment which has been increased, ■ 
since Jiily 1, 1933, at any mill a,nd the mill shall show the ■. ' 
reasons for such increase. If after hearing the Board finds 
such assignment requires excessive effort it may require ,i-.ts''-^'-_ „ ., 
reduction accordingly. ■; ,,i.,o^' ■■'''-'" 

"(4) The Cotton Textile Work Assignment Board shall'; i ' 
have authority to apiDoint district impartial chairmen and ; such 
other agents as it may select and to issue rules and regula- 
tions to carry out the foregoing provisions of this Section. 

"(5) The Cotton Textile YiTork Assignment Board shall, 
subject to instructions of the President, make a study of 
a,ctual operations in representative plants and report to the 
President a.s to a permR,nent plan for regulation of work, assign- 
ments in the Industry." 

Executive Order 6878 (1-93 3) of October 16, 1934, provided that' 
the Textile Labor Relations Board was to appoint a, single individual -as 
common chairman of the Cotton Textile, Silk Textile and fool Textile 
Work Assignment Boa,rds, and that a,ll genera,l rules and regulations . 
involving products manufactured under more than one of the above codes 
were to be observed jointly by the work assignment boards for those 
codes. The work assignment boards were to study the actual operation 
of the stretch-out system in a number of representative plants and were^^ 
to submit to the President before January 1, 1935, recommendations for 
a permanent nlan for re=sulation of work assignments in the respective 
industries embodying, unless good cause was shown to the contrary, the 
following principles: 

(a) IJo employer was to increase work assignments of any class of 
work until he had secured authorization therefor from the district 
impartia,l chairman, v/ho was not to authorize extensions of work assign- 
ments unless 

(1) The employer hp^d filed with the district impartial 
chairman and r-'ith the representatives of the employees 
affected a petition for authorization of extension of 
work assignments, with a sworn statement indicating the 
conditions ^-'hich had been established at the mill as the 
basis for extension. 

(2) A period of six weeks had elapsed since the filing of 
the petition. 

(3) Either the representatives of labor affected had not 
filed a protest to the proposed extension before the end 
of the six-weeks' period or, if such protest had been 
filed, there had been a public hearing, with such 
investigation as the district impartial chairman might 
deem advisable, and the conditions found justified the 
extension. 

(b) The district impartial chairman, on petition by the representa- 
tives of any employees affected, was to investigate the justifiability 
of existing labor assignments and, if he found any assignment involving 

9721 



-54- 

excessive efforts by the workers, . lie was to require the employer to 
reduce such assignment, 

,. c(c) Decisions of the district chairman rendered, under the above 
jicPQ-Tisibns were to be subject to appeal to the Textile Vifork Assignment 
3oard:v?vrhose decision was to be finalo 

. Executive Order 6930 (1-1C2 A) of December 27, 1934, provided that 
the Qftttohv Silk and Wool Te::tile Work Assignment Boards would not be 
required to loresent recommendations for regulation of work assignments 
before January 1, 1935, as required by Executive Order 6878, (*) but 
were to present such recommendations within a. reasonable tine after 
January 1, 1935, and in the meantime were to malte monthly reports of 
their activities and progress to the Secreta,ry of Labor, 

An amendment to the Cotton Textile Code approved January 31, 1935, 
changed the words "February 1, 1935" in s\ibsections (P) and (3) of 
Section XVII, as oreviously amended October 16, 1934 (**) to "one 
month after the report to the President as to a permanent plan for 
regulation of work assignments in the industry as provided in sub- 
section (5) hereof," 



(*) See page 53 above. 
{**) See page 52 above. 



9721 



■ -55- 

CHAPTER XVI 

Len^^'ith of Q-neration of Code - Section XVI . 

The President's order of approval of July 9, 1933, ste^ted that 
the approval ^?as limited to a four noxiths' period r/ith the right to ask 
for nodif ica.tion 3.t any time pnd for renevra.l for another four :raonths at 
any tine oefore its exioiration. In lieu of that condition, the industry 
comnittee suggested the following which ',''as ap"oroved "by the President 
and incorToorated as Section XVI in the code as of July 16, 1933: 

"This code shall he in operation on and after the 
effective date as to the \7hole cotton textile industry 
except as an exemption from or a stay of the application 
of its provisions may he granted hy the Administrator to 
a person applying for the same or except as provided in 
an executive order. ITo d.istinction shall he made in sixch 
exemptions hetween persons ^Tho have and have not joined 
in applying for the approval of this Code." 

This section of the code remained unmoc'.ified during its life- 
time. 



3721 



CHAPTSr. XVII 

Synthetic Fit'ei- Product io n - So ction XVIII. 

An amendment to the Cotton Teictilc Code s:y^TO\-ed. 07 the President 
on August 25, 1953, among other thin£;s provided that the follovdng 
should he added to the code as Section XVIII: 

"Any manufacturer operatinr' silk looms knovm to the 
trade as a silk manufacturer and so listed in the trade 
directories may elect not to "be boiond hy any of the pro- 
visions of this Code T7ith respect to its synthetic fiher 
production as herein defined above, provided, ths.t notice 
of such decision "by such rarnufacturer shall "be filed in 
writins;^ i:?ith the Cotton-Textile Institute, Inc. at its 
office at 320 Broadviay, He^7 York, N. Y. , not later than 
6:00 P.Ii. Eastern Standard Time, on the tenth day follow- 
ing the approval of this paragraph," 

This section of the code remained unchrnged throuHiout its life- 
time. 



q7?i 



CHAPTER XVIII 
Suioplementai?,^ aaid Divisional Codes « 

A. Carded Cotton Yarn » 

On Deceralier 29, 1933, the Administrator ap iroved an amendxaent to 
the Cotton Textile Code which added thereto trade practices governing 
the merchandising of carded cotton yarn. These trp.de practices \7ere 
suoseqiiently amended on Pehruary 21, 1934, and Janua,ry 22, and April 
23, 1935. Appendix I sets forth these fair trade practices '7ith the 
amendments thereto interspersed among the affected sections. (See 
page 81) 

B . Cotton Converting'; Ind-gstry . 

A code sup' elementary to the code for the Cotton Textile Industry 
Tias approved for the Cotton Converting Industry on January 24, 1934, 
which supplementary code was a'..;ended on Decenoer 27, 1934, Appendix 
II sets forth this sup -~>lementa.ry code with the changes ma.de hy the 
amendment of Decemher 27, 1934, interspersed among the affected sec- 
tions. (See page 85) 

C . Cotton Thread Manufacturin.g: « 

An amendment to the Cotton Textile Code ap;oroved July 17,11334, 
added thereto fair trade practices governing merchandising of the 
products of the cotton thread raamji's.cturing branch, which fair trade 
practices were ?j,iended on September 11, 1934 and March 2, 1935. 
Appendix III sets forth these fair trade practices with the amendments 
thereto interspersed among the affected sections. (See page 102) 



9721 



-53- 

J\PEEliriIZ I. 
Trade Pra.ctices G-overnin,^: the IferchF.ndisin;^ of 
"Carded Cotton YrJ'n 

As Ap"oroved on December 29^' 1953. 

"1. Definitions. . . 

"(p;) 'Spinning mill' is any Kamtfacturer spinning carded cotton 
yarn to te sold as sucii, whether selling with or witho^at the employ- 
ment of a selling agent. 

"("b) 'Selling a,gent' is any person, '■'hether laiown as a commis- 
sion house, yarn merchant or otherwise, who sells ca.rded cotton yarn 
in the relation of an agent for a spinning mill, who receives a com- 
mission for his ■ services, assiimes the ohligo.tion of effecting sales in 
the interest of the spinning mill and :'7uarantees the acconnt of the 
purchaser, the mill "being the principal in 8,11 trejisactions and heing 
furnished with the names of all pros-rective purchasers when sales ne- 
gotiations are opened, the guarantee of performance of the contract 
"being a matter for special asreemenj: oetween the spinning mill and the 
selling agent. (*) 

"(c) 'Commission' is the sum paid or a,llowed to an agent for 
his services to a s'linning mill in the sale of carded cotton yarn. 

"(d) 'Broker' is one who brings together spinning mills and 
purchasers and receives, on each transaction vdiich the mill com- 
pletes hy delivery, a "brokerage fee on the price of the order, "but 
does not guarantee the account. 

"(e) 'Purchaser' is anyone who "bu^-s carded cotton ya,rn for his 
own account or for that of sn affilic':te or subsidiary or parent organi- 



(*) The following sentence was added to this section "ijy an amendment 
approved January 22, 1935: 

""Where the performance of the contract is g^ia.ranteed 
"by the selling agent, however, it is not obligatory 
upon the selling agent to furnish the s'oinning nil! 
with the name of the prosjective customer." 



9721 



-59- 

zation. {'*) 

"2. Spinning mills shall furnish duly certified reports each week 
to the Statistical Biireau of The Cotton- Textile Institute, Inc., 320 
Broadv.ray, Ne'v York City, of all sales of carded cotton yarn during the 
Tsreek immediately prior (except sales made through selling agents), 
stating sa,me "by date of order, quantity and description of yarn, delivery 
specifications, price to he paid, and terras of sale. Selling agents 
SHaall-- file similar reports as to all sales made on hehalf of spinning 
mills. (**) Statistical reiDorts shall he issued rreekly he the Insti- 
tute to all spinners and selling agents summarizing such statistical 



(*) The following sections 'Tere added hy an amendment approved Feh- 
ruary 21, 1934: ■ ■ 

"(f) 'ExiDort Sales' are sales of carded yarn 
destined for shipment a,s carded -yarn to any 
foreign country (including the Philippine 
Islands, the Virgin Islands, Amerlca.n Samoa 
and the Island of Guam). 

"(g) 'Exporter' is a spinning mill, selling 
agent, purchaser or any other person engaged 
in the business of selling carded yarns to 
purchasers located in foreign countries. 

"(h) 'Registered Exported:' is an e:c30rter of 
carded yarn who shall he registered as such with 
The Cotton Textile Institute, Inc., 320 Broadway, 
Hew York City. The Institute shall from time to 
time cause to he filed with the Cotton Textile 
Industry Committee lists of stich registered ex- 
porters. " 

(**) The following sentence was added hy an amendment approved Febru- 
ary 21, 1934: 

"Spinning mills and selling agents shall 
separately re;nort to the Institute all ex- , 
port sales giving, as to each ex2jort sale, 
the name of the exijorter." 



9721 



-6C- 

received. (*) ' 

"3.' ilo spinning mill, selling directly, shall make any price 
to a piirclir.ser or any allo^7ence to a purchp.ser in the guise of com- 
mission, hrofeerage, dealer -s disco-ont or fee, either directly or 
indirectly, or hy any secret rehate, advantage, indiicement, compensa- 
tion, gift or otherTTise, "by \Yhich axij p"urchaser shall,, in effect, pay 
less price thaji the. price vrhich such spinning mill would^ quote if 
dealing through selling agents, C6r.miission shall be paid only to 
"bona fide selling agents registered as such vfith The Cotton-Textile 
Institute, Inc. ' 

"4. To selling agent shall, directly or indirectly, "b],' way of 
commission, discorijit, fee, secret rehate, advantage, inducement, com- 
pensation, ,:;ift or otherwise, split or divide with or pass on to the 
purchaser the connission or any part thereof v/hich he receives from 
the spinning; mill. 

"5. Selling', agents shall not, directly or indirectly^ whether 
through a suhsic.iary or an affilia-te or otherwise, h-uy stocks of carded 
yarn for their own account or for that of a subsidiary or affiliate 
or parent organization, engage in short selling or guaranteeing prices 
against decline; hut a, selling agant may sell for his own account any 
yarn which he may he reauired to t3l:e over ly reason of his guarantee 
of a purchaser's account or contract. 

"6. ITo spinning mill shall, '.either directly or through a selling 
agent, gua^rantes prices against decline, or directly or indirectly 
abate prices on unfinished contracts, except to the extent that costs 
are affected by subsequent Governmental action. 

"7, iTo spinning mill shall, either directly or through a selling 



(*) The above section 2, as amended, v.'a.s deleted by pn amendment 

a'oproved. A'Pril 23, 1935 and the folloving v'as substituted there- 
for; . . • 

"Spinning mills shall furnish duly certified reports each 
week to the Stastical Burea.u of the Cotton-Textile Institute, 
Inc., 320 Broadway, New York City, of all sales of carded 
cotton yarn during the week ira.aedia,tely prior, irrespective 
of the manner in which such sales are negotia,ted, stating 
sr;,.ie ^oy date of order, quantity and descriptions of yarn, 
delivery specifications, price to be paid, ajid terms of sale; 
indicating in the case of each sale negotiated through a 
Ecllin- agent, the :.:ame of the selling agent who negotiated 
such sale.. Selling: a-ents shall file similar reports as to 
all sales made on behalf of -spinning mills. Spinning mills 
cjii. selling agents shall separately report to the Institute 
3.11 e:rport sales giving, as to ea,ch export sale, the name of 
the exporter. Statistic?,! reports shall be issued weekly 
by the Institute to all spinners and selling agents s-ummariz- 
ing such statistical information received." 



9721 



-61- 

agent, grant to a,ny purchaser on any sale of any type of carded yarn 
sold as such more favorable terms of cash discount than 2^^ discount 
for pajnnent within 30 days or 2^ discount up to the 10th proximo, as 
may he elected "by the purchaser. (*) All yarn, other than as herein- 
after mentioned, shall "be sold net vreight. Not more than five days' 
grace shall he allowed in any discount periods All sales providing 
for settlement either in any medium other than cash or for longer 
periods of time than those a"bove specified shall be absolutely net. On 
sales of "ball warps, chain warps, wa.ros on beams and similar put-ups 
such yarn shall be sold on the basis of calculated weight with 2^^ 
tolerance. The foregoing stipula.tions in this clause apply only to 
domestic sales. (**) 

"8. In all sales effected by spinning mills, whether directly 
or through a selling agent, there shall be used a 'uniform form of 
contract', after such form shall have been siibmitted to the Adminis- 
trator by the Code Authority and received his approval. 

"9, ITo provision herein shall apply in respect to orders placed 
before the effective date of these provisions which remain uncompleted 
on that date. 

"10. Administration of these provisions 'Governing the Merchandis- 
ing of Carded Cotton Yarn' is entrusted to the 'Carded Yarn Sub-Com- 
mittee', constituted by t"ne Cotton Textile Industry Committee, subject 
to the authority and jurisdiction of the latter committee, i.e., the 
Code Authority for the Cotton Textile Industry," 

The following was added as section eleven by an amendment ap- 
proved February 21, 1934. 

"11. The foregoing provisions, with the exception of Articles 1 
and 2 hereof, shall not ajoly to export sales to, by, or for the ac- 
count of a registered exporter. Each spinning mill or selling agent 
reporting an export sale to the Cotton-Textile Institute, as above 
provided, shall obtain from the exporter and keep on file documentary 
proof, (similar to that required to be filed with the Collector of 
Internal Revenue in support of a claim for drp.wback on exportation) , 
tha,t the carded yarn which was subject of such export sale shall have 
been, in fact, ex"ported to a foreign country. In the event of the 
failure of any registered exporter to submit, within a reasonable 
time, such documentary proof to the spinning mill or selling agent, 
reporting such export sa.le, the nn^e of such exporter, after due notice 
and opportunity to be heard by the Ca-rded Yarn Sub-Committee shall have 
(*) The following sentence was added by an amendment approved January 
22, 1935. 

"In the case of sales made on the basis of 2^ discount 

up to the 10th proximo, shipments made on or after the 

25th of the month may be dated as of the first of the 

following month. " 
(**) An amendment to the code approved February 21, 1934, 

deleted this last sentence and added in lieu thereof 

number eleven, see below. 



9721. 



_P9— . 



"been given to such exporter, may, on recommendation of said Subcommittee, 
be v/ith.draT'n from the list of registered erporters, by the Industry 
Committee. Such withdrawal of registration shall be subject to review 
by the Atoinistrator . " 



9721 



-63- 

iPPEil3IX II 

SUPPLSLIErTATT CODE 0? lAll. COiPETITIOr . 

fo"- the 

' OaTTOr GOrTH-^TirG INDUSTRY " 

As Approved on Janr^arj' 24, 1934. 

"To effectuate the policies of Title I of the ITetional Industrial 
Recover^r Act (herinafter referred to as the "Act"), the follo\?ing pro- 
visions are established as S-apr>lernental Code i^o. 1 to the Code of Fair 
Competition for the Cotton Textile Industr^'', to deal v/ith trade practices 
in the sale and distribution of the products of that Industry.'', and shall 
be the standard of fair competition for such Industr-- in respect of 
such sale and distribution, and shall be binding upon everv member there- 
of in the manner and to the extent therein provided. 

I. Definitions. - (l) "Master Code" means the Code of Fair 
Competition for the Cotton Textile Industry, finallv approved 
July 16, 1933, as heretofore or hereafter amended. 

(2) "3ranch of the Industry'-" means the sale and distribLition 
at wholesale of products of the Cotton Textile Industr;r by any 
concern insofar as it does manrifacturing and/ or finishin;-^ of 
the S3,me for its own account or the accoujit of others or has 
the game finished by others for its ov/n a.ccount or for the 
acco'ont of others, or Isy e. commission house or broker acting 

for same. . . - 

(3) "Me;aber of branch of the Industry" mea.ns any business en- 
tity enga.^-ed in thisbranch of the Industry''. 

(4) "Finished goods" raesjas grey goods, products of the Cotton 
Textile Industr;-, after being processed or finished in the com- 
pleted fabrics a? intended for use. 

II. All members of this branch of the Industry shall be sub- 
ject to and comply with the provisions of the I%ster Code in 
addition to the applicable provisions of this S-uppiemental Code. 

III. There shall be constituted at this time in this branch 
of the IncLustiy the following divisions of finished goods, the 
precise scope of these divisions being further defined in Sec- 
tion V hereof: 

1. Clothiers' Linings (other than 3,11-cotton) . 

2. Corset, Brassiere, ajid Allied Trades Fabrics. 

3. All-Cotton Clothing Lining. 

4. Curtain and Drapery Fabrics. 

5. Shirting. 

6. Wash goods. 

9721 



-64- 

7. Interlinings. l/ 

Anything herein or in Section V hereof to the ccntrar:,' not'r'ithstanding 
the foregoin^^ divisions shall not include the follovin;:: 

Moleskins and cv/rdiircs; 

Bleached ride sheetings, p.ieets, oilloT: cases, dyed duclcs; 
Un"bleached, bleached, colorec, dyed ajid printed flanjiels; 
suedes and. d.uveteens; 

Outerwear material such a? mineral and sulphur lcha]<:is, ducks, 
suramer suitings, pantaloonin'_ ■, rrincoating, vcter-proof 
clothing faorics, and all other converted fabrics for 
simile.r purposes; , 

Towelling, crashes, and plain blea.Ghed Terror Cloths; 

Table damask and napkin fabrics; 

Birdseye and diaper cloths. 

IV. All members of this branch of the Industry insofar as their 
activities fall within ajiy of the divisions enumerated in Section III 
hereof shall com-oly rith the following general niles of trade practice: 

1. The secret pavment or allo'"mce, directly or indirectly, or 
by any scheme, method, or device, of rebates, refunds, commissions, 
credits, or unearned discoxints, whether in- the form of mone7/ or other- 
wise, or the secret e:^:tension to certe.in purchasers of special services 
or privileges not extended to all purchasers on like terms and condi- 
tions is prohibited. 

2. The false marking or branding of any product which has the ten- 
dency to mislead or deceive customers or prospecti\-e customers in any 
way whatsoever is prohibited. 

3. The imitation of ' a trade mark, tr die name, slogan, or the 
other marlcs of identification of comr)etitors, halving the tendency and 
capacity to mislead or deceive is proiiibited. 

4. Upon approval of th.e .i;.dminist native Comraittee of a "olan of 
registration, members of this branon of the Indiustry ma.-- register with 
the Textile Fabrics Association the follcing: Jacquard designs, twenty- 
ha^rness dobby designs, prints, and. such other designs or styles as may 

be considered as novel. Upon registration, such designs or styles shall 
be confined to the registrant for a sir.-month period and for an addi- 
tional six months thereafter, if within the first six-month period the 
registrant cam demonstrate to the satisfaction of the Administrative 
Committee that he na.s caused the manufacture in further quantity of said 
design, pattern, or style. At the end of the second six months' owner- 
ship period, the registrant may obtain rene^rals of all rights to such 
design, pattern, or style by semiannual re- registration. A proper re- 
gistration fee will be determined b-" the AdLminist native Comnittee. 



1,/ The following divisions "ere added b-r an ajnendnent a"ouroved December 
27, 1934. • ■ - 

"8. Bleached Goods. 
"9. Cotton Linings, for a.ll mirposes not other'-ise -orovided." 

9721 



-65- 

JIo member of this branch of the Industry shall commit or be a uar- 
ty to the piracy of any desi.^m, pattern, or style originr.ted by another 
member of the Industry in a form sitfficiently like the original to be 
mistaken for it, or the sale tnereof, or sell or quote on the pattern, 
design, or style of another member of the Industry. 

V. Members of this branch of the Industry insofar as their activi- 
ties fall within any of the divisions described in Section III shall 
comply \Yith the particular m.les apolicable to such divisions as follows: 

Division 1 ,• . , 

CLOTHERS' LIWIlNiGS (OTHER THAN jilL COTTON) 

Definition • ■ 

The products included in this Division are body and/or sleeve 
linings (other than all cotton) for use bv manufacturers of men's and 
boys' clothing, and also by book tailor and trimming establishments. 

Trade Practices . ' 

1. Terras of sale shall not exceed net 60 E.O.M., exceot that 
bills on and after the 25th of the month may be dated as of the 1st of 
the following month. Anticvoaticn may be allowed at a, rate not to 
exceed 6fo -^er annum. Sample pieces shipped on memorandum shall be billed 
retroactively as of date of shipment. 

Fnere, subsequent to date of sale, a credit situation Tjreviously 
unknown to Heller, should render iiivoossible adherence to this Section, 
these previsions may be relaxed upon a-oproval of a-oplication to Di- 
visional Committee. 

2. Deliveries. — All goods shall be sold P.O.B, finisher or 
main office registered with the Textile Fabrics Association. 

3. Uniform ContraGt, — The provisions of a sales note recommend- 
ed by the Divisional Committee and the Administrative Committee, when 
approved by the Code Authority and the Administrator, shall be used 
and adhered to on all sales for future delivery. 

4. The Divisional Conraittea ma,y make recomnendations: (l) For 
the use by all m.embers of the Division of a system of cost accounting 
at least as detailed and comolete as a standard system of cost acco\int- 
ing adopted by the Divisional Committee. (2) For regulation of sale 
below cost when and if same may be so determined, but nothing herein 
contained shall limit the right to sell seconds, out-of-fashion, dis- 
tress, and shopworn goods, when so billed. 

Such recom;.:endations (niombers 1 and 2, supra) when anproved by 
the Administrc.tive Com.nittee, the Code Authority, and the Administra* 
tor, sha.ll have the same force and effect as the other provisions of 
this Suorjlemental Code. 



9721 



-66- 

The above-mentioned recom-aendations must be ccmnujiicated by the 
Divisional Committee to all members of said Division, .not less than 
ten days prior to date of submission cf Divisional Committee's recom- 
mendations to the Administrative Committee, or other superior agency. .. 

5. BFo merchandise may be sold on consif^^ent; nor mav any method 
of sellin,:^ he 'used v;hich has the effecj of s'^llin-?; on consignment or 
memorandum. Sample pieces to manufacturers for inspection are exempt 
from the ap-olication of this rule. The DivisionPvl Coraviittee shall 
have the power to suspend the operation of the provisions of this Sec- 
tion. 2/ 

5. Ho stock protection or Tjrice guarantee shall be given. 

7. Sales offices ahall not be open for the transaction of busi- 
ness on Saturdays and Sundays. 

Division 2 . 

CORSET, BRASSIEP^E, AID ALLIED THADES FABRICS 

■ , . Definition 

The products included in this Division are those sold for use in 
the ratjiufe.cture of corsets, girdle corsets, steiD-in corsets, brassieres, 
bandecT.ux-brassieres, corsets, girdle corsets, or step-in corsets at- 
tached to brassieres or bandeaux-brassieres and all similar body-sup- 
porting gajrraents, and in the manuf c^ctiare and supol^/' cf accessories such 
as shields, stripping, binding, tabs, hook-and-eve cloth, etc., cut 
from converted cloths, entering into ox used with such finished -oro- 
ducts. 

Trade Practices. 

1. Terms of sale shall not exceed 2y — 10 davs,60 extra; or Sfo 
— 10 days, or 3*^ — C.O.D. No extra dating shall be allowed. Anti- 
cipation shall "be at legal rate of interest. Past due payments shall 
carry interest at legal rate from date of maturity. 

2. Deliveries. — All goods shcvll be sold F.O.B. point of origin. 
In the case of shipments from finished stock carried in New York City 
the looint 01 origin is the bleachery, dye works, and/or finishing plant 
at which the goods were -orocessed. 



2/ A comria was substituted for the period at the end of this sentence 
by an amendment approved December 27, 1934 and the following phrase 
was added thereto: 

"subject to the ap-orovf 1 of the Administrative 
Committee, the Code Authority/ and the National 
Industrial Reccverv Board. " 



9721 



-67- 

3» Uniform Contract. — The provisions of a sales note recciri'-aend- 
ed bv the Divisional Committee and the Administrative Committee, when 
approved h-'- the Code Authority and the Adiainistrator, shall be used 
and adliered to on all sales for future delivery. 

4. Sample Requirements. — 3ach sample cut in excess cf one-ha.lf 
yard in length furnished customers shall be charged for at regule.r 
sales priee of the fabric. 

5. Ko merchandise may be sold on consignment, nor may any method 
of sellrig be used which has the effect of selling on consignment or 
memora-nduj'n. Ss.mTDle -oieces to marnxfacturers for insoection are exempt 
from the aoplication of this rule. The Divisional Committee shall have 
the oovrer to susriend the oeration of the lorovisicns of this Section. 3/ 

6. Ko stock protection or lorice guarantee shall be given. 

7. Sales offices ahall not be open for the transaction of busi- 
ness on Saturdays and S-undays . 

8. With respect to goods made entirely from sjoithetic yarns or 
goods made from synthetic yarns mixed only with silk and produced by 
the seller's own manufacturing facilities, the applicable provision 

of the Silk Textile Code with respect to terms of sale and delivery ma,y 
be sixbstituted for the provisions of terms of sale and delivery for 
this Division. 

Division 3 

ALL-COTTOK CLOTHING LnadGS 

Definition 

The products included in this Division are all-cotton clothing 
linings for use by manufacturers of men's and boys' clothing, tailor 
trimning hou.ses, and book tailor and trimming establishments. 

Trade Practices 

1. Terms of sale shall not exceed 2fo, 60 days, E.O.M. 3-o, 1^ days, 
E.O.M. Goods shi-oped on or after the 25th of the month may be billed 
as of the 1st of the following m.onth. Interest at the rate of 6-^ per 
annum shall be charged on all acccu.nts DPst due. Sample pieces shipped 
on meraorandurn shall be billed retroactivelv as of date of shipment. 

2. Deliveries. — All goods shall be sold P.Q.S. mill, with the 
exce'oticn of sales made from ooen stock at main office, shipping point, 

or established main depository which may be made F.O.B. such main office, 
ship-oing point, or established main depository, provided it is registered 



3/ Same as foot-note No. 2. 



9721 



-63- 



with the Textile Fabrics Association. 4/ _ 

3. Uniform Contract. — The provisions of a sales note recommend- 
ed by the Divisional Committee and the Administrative Committee, Fheh 
apriroved by the Code Authority and the Administrator shall be used arid ' 
adhered to on all sales for future delivery. . 



4. The Divisional Comraittee may make recommendations: (iV^or ' 
the use b^r all members of the Division of a system of cost accounting 
at least as detailed and complete as Ci standard system of cost account- 
ing adopted by the divisional Committee, and (2) for regulation of sales 
below cost when and if same may be so determined. Such recommendations 
when approved bj'- the Administrative Comiittee, the Code Authority, and 
the Adjnini.strator, sha,ll have the same force and effecj^ as the other 
provisions of this Supplem.ental Code'. 

5. price Reporting. — - Within thirty days after a majority vote 
of this Division, all members thereof shall file with the Textile .Fab- 
rics Association a schedule of prices and terms covering the sale of 
their standard numbers sold in the previous week; such schedule to spe- 
cify orices un different items (classified according to quantity there- 
of), as may have been voted upon hir the Division. 

Such reports shall be "orer)ared in siiramary form and submitted in 
this form, to each member of the Division in such a manner as not to di- 
vulge the o-oerations of cJiv individual member. The Divisional Committee 
shall have the -oower to susioend the ot)era,tion of the -orovisions of this 
Section. All members of the Division shall be notified by telegraph if 
the orovisions of this Section are so sus^oended. 

6. llo merchandise may be sold on consignment, nor may any method 
of selling be used which has the effect of selling on consignment or 
memorandum. S^ample pieces to manufacturers for insoection are exempt 
from the application of this rule. The Divisional Comnittee shall have 
the power to suspend the operation of the -orovisions of this Section. 5/ 

7. Ho stock protection or orice guarantee shall be given. 

8. Sales offices shall not be ooen for the transaction of busi- 
ness on Saturda-"-s and Sundays. 



4/ This section was deleted bv an aijiendment approved December 27, 1934 
and the following was substituted therefor: 

"2. Deliveries.— All goods shall be sold f.o.b. mill or main 
warehouse, -orovided the location of such main warehouse shall 
be registered with the Textile Fabrics Association, and provi- 
ded further that goods may be delivered ''dthout charge to the 
first comjion carrier ( trans-oortaticn agency"^ or to customer if 
locE.ted within the city limits of registered main warehouse." 
5/ Saipe as foot-note Ho. 2. 



9721 



-69- 

Division 4 

CUSTAIN MD DRAPERY F13RICS 

Definition 

The products incladed in this Division are converted cotton and 
cotton mixture ciirtain and draoery fabrics, including these same fab- 
rics v/hen sold to other cutting trades and/or wholesale, retail, chain 
stores, and/or mail-order distrihutors; hut exclusive in all cases of 
cloth 4iir.nufactured on hobbinette or lace raa.chines. 

Trade Practices 

1. Terms of sale to the manufacturing, chain-store, mail-order, 
and retailers trade shall not exceed 2fo, 10 days, 60 extra, or Zfo, 10 
days; no extra dating. G-oods shipiDed on and after the 25th of the month 
may be billed as of the first of the follov-ing month. Terms of Sale 

to jobbers shall not exceed 2'i, 10 days, 60 extra, or Zfo, 10 days; June 
deliveries may be billed 2fo, 10 days October 1st; December deliveries 
may be billed 2^, 10 days Aoril 1st. 

2. Deliveries. — All goods sold to wholesalers, jobbers, chain 
stores, nail-order houses, and manufacturers shall be sold F.O.B, mill. 
All goods sold to retailers shall be sold P.O.B, mill cr main warehouse, 
provided the location of such main warehouse shall be registered with 
the Textile Fabrics Association. 

3. Sample Requirements. — Any form of sample reouirement may be) 
supplied free onlv to wholesalers and net to exceed 2'^o of the original 
order. All other sam-ole requirements shall be charged for at full cost, 
calculating fabric at sales orice, and shall include delivery charge; 
provided that it is -permissible to furnish one set Of reference sanples 
without charge to each district office of chain-store organizations 
where such district offices exist, or one set to the main office of 
any chain organization not having district offices. Only one swatch 
less than 1 ;• yards in length of a.ny one style shall be given free to 
one customer. All swatches above l-'s yards shall be paid for at sales 
price cf the fabric, 

4. Advertising Allowances. — No advertising allowances are permit- 
ted. 

5. Ko merchandise may be sold on consignment, nor may any method 
of selling be used which has the effect of selling on consignment or 
memorandurn. Sample pieces to manufacturers for insioection are exempt 
from the cvoplication of this rule. The Divisional Committee shall have 
the oower to susiosnd the operation of the provisions of this Section. 5/ 

6. Ho stock protection or price guarantee shall be given. 

7. Sales offices shall not be open for the transaction of 



6/ Same as foot-note No. 2. 
9721 



-70- 

business on Saturdciys and Sunda^^s . 7/ 

Division 5 

SHIHTINGS 

Definition 

The -products included in this Division are shirting fabrics for 
use by manufa^cturers of shirts, pajamas, uaden7ear, boys' blouses, and 
similar v-earing apparel, including these sane fabrics vhen sold to 
other cuttiig tredes and/or virholesale, retail, and/or me.il-crder dis- 
tributors. 

Trade Practices 

r. Terns of Sale shall not exceed 2'1>, 10 days, 60 extra, or 2ifh, 
10 days, 30 extra, or 3*o C.O.D., or 3'^:, 10 de;-/-s, effective from date 
of invoice or shroment, whichever is earlier, no extra dating. 

Interest shall be charged at 6-v on all oast due accounts, such 
charge starting at maturity period. 

Anticroation mav be allov7ed at a rate not to exceed 6^ Der annum. 

'2. Deliveries. — All goods ' shall be sold F.O.S. point of origin. 

3. Sanrple RenuireTients . — All sanole reouireraents including 
samxile cuts shall be charged to customer at full cost; fabric to be fi- 
gured at sables "orice. Reference sets not tc-exceed three (3") in num- 
ber mo.y be furnished fr3e; size of sv/atches not to exceed 2 x 4" and 
not to be mounted on custodier's ca.rds; all reference sets to be plain- 
ly marked "Ji'or Reference Only. " 

4. Advertising Allowances. — Fabric demonstration, or allowance 
therefor, or advertising allowances in anv form v/hatsoever, are oro- 
hibited. 

5. Options. - Ho options shall be given. 

6. Sale of Goods by Construction. — When finished goods are 
sold on ha.sis of grey construction, grey width, count and weightVshall 
be shown on confirmation of order and invoice. 

7. ilo merchandise nay be sold on coisij^nnent, nor ma^'^ an^/ rae- ' 
thod of selling be used wnicn has the effect of selling on consign- 
ment or memorandum. Samole pieces to nanuia^cturers for inspection 
are exem-?t from arolication of this rule. The Divisiona.l Conr^ittee 
shall have the povfer to suspend the ooere-ticn of the provisions of 



7/ The following new Section 8 via.s added b-"- an amendiient 3.oproved 
Decei.iber 27, 1934. 

"8. OiTtions. — Ho oiptions shall be given." 
9721. 



-71- 

this SectiL'n. 8_/ 

8. STc stock protection or orice guarantee shall be given. 

9. Sales offices shall not be open for the transaction of busi- 
ness on Satiir clays and Sunda.ys . 

10. ffith res"oect to goods made entirely froin synthetic varns or 
goods inr.de from synthetic yarns mixed only with silk and 'oroduced by 
the seller's cv:n manufacturing facilities, the 8,-pr)licable -orovisions 
of the Sill: Textile Code with respect to terms of sale and delivery 
may be substituted for the provisions of terms of sale and delivery 
for this Division. 

Division 6 

V/ASH &OODS ■ ■ ■ 

Definition 

The oroducts included in this Division are wash goods for use by 
manufacturers of men's, women's, a.nd children's aoparel including these 
same fabrics when sold to other cutting trades and/or wholesale, re- 
tail, and/or ..lail order distributors. 

Trade practices. 

1. Terms of Sale shall not exceed 2^0, 10 days, 60 extra, or 2is'fo, 
10 days, 30 extra, or o^S C.O.D., or 3fo, 10 davs, effective from date 
of invoice or shipment, whiehever is earlier; no extra dating to be 
alloT/ed. Interest shall be charged at 6fo on all past due accounts, such 
charge starting at mcuturity of bill. Anticipation raa;'" be allowed at a 
rate not to exceed 6fo per annum. 

2. Deliveries. — All goods shall be sold P.O.B. point of origin, 
with the exception of goods sold to retailers and chain stores which 
shall be sold P.O.B. plant or main warehouse registered with the Tex-' 
tile Ea Oleics Association. 

3. SciTole Requirements. — All samole requirements furnished 
Jobbers, catalog houses, ch;- in stores and manufacturers, shall be 
charged at full clost, calcul8,ting fabric furnished at sales price. Re- 
ference sets not to exceed three in number to any one customer may be 
furnished free of charge on reouest. 

4. Advertising Allowances. — Fabric demonstre.tion, or allowances 
therefor, or advertising allowances in anv form, shall be lorchibited. 

5. O'otions. - Ho ontions shall be given. 

6. ITc ::i8rchpmdise may be sold on consignment, nor may any method 



Sa;:e 8,s foot-note ¥.0. 2 



9721 



-?2- 

of selling "be used v/hich has the effect of sellin.9; on consigrjnent or 
memo rcjiiduja . Sample -Diecss to mrnufacturers for insoection are exerirot 
from the a-o":)li cation of this rule. The Divisional Con-dttae shall ha.ve 
the ■QOT.'er to sus-oend the cpeiation of the provisions of this Section. 9/ 

7. ITo stock nrotecticn or orice ;p?.i'rantee shall be 2:iven. 

8. Sales offices shall not be o--<en for the transaction of busi- 
ness on Ss.turdays and Sundays. 

9. With resoect to goods made entirely from synthetic yarns or 
goods ma.de from synthetic yarns mixed only with silk and -orcduced hy 
the seller's own manufacturing facilities, the aoplicable oroyisions 

of the Silk Textile Code with resoect to terms of sale and delivery ma3'- 
be substituted for the -orovisions of terms of sale and delivery for this 
Division. 

Division 7 

IjiTEZLI/ING-S 

Definition 

The oroducts included in this Division are fabrics made from tohac— 
CO cloths, -Drint cloths, sheetings, twills, drills, osnaburgs, and 
ducks, "but only where these finished fabrics are used for interlining 
purposes for garments. 

Trade practices 

1. Terms of sale shall not exceed 2^, 10 da-^'-s, 60 extra, or Zfo, 
10 days, or Zfo C.O.D., effective from da-te of invoice or shioT)ing memo- 
randum, whichever is the earlier. Ivc extra dating shall be allowed. 
Anticipation shall be at the le;-.:al ra.te cf interest. Past due r)a3nnents 
shall carry interest at the lec3:a.l rate fron date of maturity. 

2. Deliveries. — All goods shall be sold P.O.B. point of origin. 
In the case of shipments fror. finished stcc" carried in New York City, 
the "ooint of origin is the bleachery, dye works, and/or finishing plant 
at which the goods were processed. 

3. iTo merchandise may be sold on consignment, nor may Hn.y method 
of selling be used which has the effect of selling on consignment or 
memorandum. Sam'ole -oieces to manufacturers for ins'oection are exerirot 
from the a-Q-olication of this rule. The Divisional Committee shall have 
the power to suspend the oioeration of the orovisions of this Section. 10/ 

4. ITo stock protection or price guarantee shall be given. 



9/ SaJTie as foot-note No. 2. 
10/ Sajne as foot-note No. 2. 



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5. Sales offices shall not be ooen for the t:f,nsacti on of business 
on. Sat^orda-'^s and Sundays. 



VI. Adiainistration. - ]?or the ijurcose of the general administra- 
tion of the divisions enumerated in Article III, there shall be con- 
stittited b" the Code Authority an A&viinistrative Cominittee which shall 
have such di.-ities and -oovers as the Code Authority niav delegate. 

Tnere shall be established by th? Administrative Comnittee a Di- 
visional Ccmiittee in each of such divisions with such duties and po- 
wers in each case as the Administrative CoE;iittee may delegate. 

The Adi:iinistrator shall have the right to apuoint not more than 
three members, without vote, to the Adi^iinistrative Comnittee and the 
Divisional Committees who shall serve vvithout expense to the Industry. 

If the AcLninistrator shall detei-mine that any action of the Ad- 
ministrative Comnittee or a Divisional Committee or any agency there- 
of is unfair or unjust or contrary to the oublic interest, the Adminis- 
trator may reo^uire that such action be suspended for a neriod of not 
to exceed thirty (30) days to afford an ooportunity for investigation 
of the Merits of such action and further consideration by such Adminis- 
tra.tive Com:.iittee or Divisional Committee or agency oending a final 
action, which shall be takien onl'r upon apr)rovci.l by the Administrator. 

VII. The provisions for trade "oractices prescribed in Article IV 
and V hereof o.re suTaject to such changes, m.odif ice.tions, and additions 
as maj;- he recommended to the Code Authoritj!- oy the Administrative Com.- 
mittee and a-:oroved by the Administrator, but no change affecting a 
division sufll be submitted for the ap-^roval of the Adrainistrator with- 
out the ap-:iroval of the Divisional Committee of the Division e^ffected. 

VIII. The Code Authority ma;'' from time to time establish such a,d— 
ditiv:nal divisions deeding with other activities of this branch of the 
Industr-i- as ma-^ seem desirable and, subject to the a-oproval of the Ad- 
ministr-~,tor, may pro^-ide for the formulation of stich trade 'ora.ctices 
ar)X)lics-ble to such additional divisions and for their administration 

in su^^h mci^iner as may seem desirable. 

IX. liemhers of the Industry aoprove of the -oolicy of arbitrating 
all disor.teG wherewer possiiile and the Administrative Committee is here- 
by desi^^icted the agency to assist in bri iging about such arbitration 
as to any matters arising in the Divisions enumerated in Article III. 

X. This SuoDlemontal Code and ;all the orovisi'-^ns thereof are ex- 
pressly made subject to the right of the President, in accordance with 
the orcvisi.ns of subsection (b'i of Section 10 of the National Ind\3,3t- 
rial Recovery Act, from time to time to cs.ncel or modify any order, ap- 
proval, license, rule, or regulation issued under Title I if said Act, 
and s-oecif ically, but without limitation, to the right of the Presi- 
dent to ca;ncel or modify his approval of this supplemental code or any 
conditions imoc&ed by him upon his approval thereofl 



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SI. This Sup-'lenental Code shall becone effective on the second 
Moudc;/ ai'tei' its a'Torcval b-^' the Presidant of the Unitad States. 

Tlie follo'jinf divisi^'ns were 8.dded by an ajiend'aent aooroved 
December S7, 1^34. 

Division 8 

BLEACHED GOODS 

Definition 

The or ^- ducts included in this Division are those cloths commonly 
known as bleached goods, consisting of TJainscoks, Long Cloths, Mus- 
lins aiid Ca;abrics, finished from orint cloth or other constructions, 
in carded or cosibed varns, and Fajara._ Checks, Lingerie Cloths, Handl'Cer- 
chief Cloths and Underwear Fabrics, in white or tint finishes, sold to 
cutters, whole sa.lers, chain stores, retailers, catalogue and/or mail 
order houses . 

Trade Practices 

1. Ter;,is of Sale shall not exceed 2l - 1*^ days, 6'"' extra, or 2^'fo 
- 10 days, 30 extra; or 3;^ C.O.D., or Zfo - 10 d3vs, effective from date 
of invoice or shij^^ent, Fhiche"'."er is earlier; no extra dating to be 
allo'jed. Interest snail be chr.r^od at the rate of Gfo 'oer annum on all 
past due a.c.cuiits, such charge starting a.t maturity of bill. Antici- 
pation may be allo^/ed at a rate not to exceed 6*5 rer annum. 

2. Deliveries. ■ - All goods shall be sold f.o.b. citv of icrigin, 
with the exceoticn of gocas sold to retailers (not including chain 
stores) which shall be sold f.o.b. city of origin or main v.'arehouse 
registered v.'ith the Textile fabrics Association, p.nd provided further 
that goods sold to rotailers (not including chain stores') may be de- 
livered without charge to the first co-rion carrier ( transrjortation 
agenc:.') or to store, if such store be located within the city limits of 
registered main warehouse. 

3. In the case of shiovaents from finished stock carried in 

New York City, ths city of origin is the bleachery, dye works, and/or 
finishing ilant at which the goods were orocessed. 

4. Advertising A.llov!?ances. - Fabric demonstration, or allowances 
therefor, or advertising allov/ances in any fox-m shall be prohibited. 

5. Q-iotions. - llo ootions shall be given. 

6. Consignments. - No merchandise may be sold on consignment, nor 
may any metnod of selliig be used which nas the effect of selling on 
consignment or men^randum. Samole r)iec6S to naniofacturers for inspec'^' 
tion are exeiiot from the aoplication of this rule. The Divisional Com- 
mittee shall have the oower to suspend the operation of the orovisions 

of this Section, subject to the aoDroval of the Administrative Committee, 
the Code Authority and the National Industrial Recovery Board. 



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7. Ho Sbock Torotecticn or price guarantee shall be ^iven. 

8. Saturday Closing. - Sales offices shall not be ooen for the 
traiisaction of business on Saturdays and Sundays. 

Division 9 

COTTOK LIWn;GS FOR ALL rUHI-OSES liOT OTH.EPJISE FROVIDED 

Def iiiiiition 

The -oroducts included in this Division are cotton linings sold for 
use for rll -our-ooses not otherwise provided for in this SuoDlementarv 
Code, i:icluding those sold for use in the manufact\ire of Dresses, Hats, 
Caps, Drcoeries, Purnitiire, Pocket-books, Neckwear, Millinery, Bias 
Bindings, Coafortables and Luggage, including those sanern fabrics when 
sold to other cutting trades and/or wholesalers, retailers, chain stores 
and/or mail order distributors. 

Trade Practices 

1. Terus of sale shall not exceed 2f^ - 10 days, 60 extra, or 2^rfo— 
10 days, 3.) extra, or 3fo - 10 a.ays or Zfo - C.O.D., effective from date 
of invoice or shipment, whichever is earlier; no extra dating shall be 
allowed. Anticipe.tion shall be charged at legal rate of interest. Past 
due 'oaynents sha.ll ca,rry interest at le.-:al rate from date of maturity. 

2. Deliveries. - All goods shall be sold f.o.b. city of origin, 
with the excevDtion of goods sold to reta.ilers (not including chain 
stores) which shall be sold f.o.b. city of origin or amin warehouse re- 
gistered with the Textile Fabrics Association, and orovided further that 
goods sold to retailers (not including chain stores") may be delivered 
without chaige to the firs+" comjr.on carrier (transportation agency) or 
to store, if such store be located within the citj limits of registered 
main warehouse. 

3. In the case of shioaents from finished stock carried in New 
York City, the city of orifj;in is the bleechery, dye works, and/or fin- 
ishing plant at which the goods were processed. 

4. Saj'iiple Requirements. - All Scunple requirements furnished job- 
bers, catalog houses, chain stores and manufacturers, shall be charged 
at full cost, calculating fabric furnished at sales price. Reference 
sets not to exceed three in number to any one customer may be furnished 
free of charge on request. 

5. Advertising Allowances. - Fabric dem.onstration or allowances 
therefor or advertising e.llowances in any form whatsoever are prohibi- 
ted. 

6. Options. - Ko options shall be given. 

7. Uniform Sales Contract. - A form of sales note recommended 

by the Divisioneil Comj.iittee and the Administrative Committee and ap-oroved 



►-75- 

by the Cod.e Authority and the National Industrial Recovery Board 
shall be used and adliered to on all sales fcr futiire delivery. 

8, Contracts for futiire delivery shrll not be taken for a period 
exceeding five (5) months from date of original order. In cases 
where enf orcei;;ent of this provision in the ooinion of any member Trrill 

:^ work a hardshio on any custoiaer, a fvirther extension of thirty (30) 
.J days raa.;r he granted on a y^lication, e.nd aftor ap-oroval by the Division- 
al Coir lit tee. 

9. ilo stock ^orotecticn or price guarantee shedl be given. 

1). No ;nerchajidise may be sold on consigaiient, nor may any method 
of selling be used which has the effect of selling on consigmnent or 
Memore-nd-ujn. SamiDle -oieces to manufacturers for inspection are exempt 
froj! the aoplication of this rule. The Divisional Connittee shall have 
the pc"^er to sus"oend the operation of the "orovisions of this Section, 
subject to the approval of the Administrative Committee, the Code Au- 
thority and the national Industrial Hecovery Board. 

11. Sales offices snail not be o-^ea for the transaction of bu- 
siness on Se.turdays and Sunda-^s. 



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APPSNDIX III 
Fair Trade Pragtices Qoverning the Merchandising of the Products 
of the Cotton 'Thread Manufacturing Branch. 
As Approved on July 17, 1934. 

1. National Industrie,! Recovery Act. — 3]ach rnemher of the In- 
dustry who is entitled to display the Blue Sagle of the Hational Re- 
covery Administration shall affix to all invoices, in accordance ^vith 
regulations of the' Code Authority, l/ a stanio stating that the mill 
whore the goods T/e re made is operating under the Cotton Textile Code, 
which regulations and stamp shall he suhjoct to the approval of the 
Administrator. 

2. Definitions. — The following definitions sh^.ll apply to this 
Code of Fair Tra-de Practices hereinafter set forth. 

(a) The term "industry" means the cotton thread manufacturing 
branch of the Cotton Textile Industry, which is defined as, the manu- 
facture of seYifing, crocheting, emhrcidery, and/or darning cotton r , .. 
thread. " '" , . . . 

(Td) Whenever the terra "thread" or "threads" is used, it shall 
refer to cotton thread, which, is defined to include 3.11 products com- 
posed of one or more Cotton yarns, single or hraided or twisted to- 
gether, and sold for use in any sewing, crocheting, embroidery, or 
darning operations, in the natural, white or colored state, with the 
excepticn of: 

(1) Cotton articles usually defined in. the trade as "tv/inc", 
"sewing tv/ine", "bag twine", "bag closing twine", "broom twine", and 
"tufting twine", which are mad.e of carded yarns of a yarn count of 20s 
or coarser. ' ■ ' 

(2) Cotton looping and seaming yarns used in the hosiery trade. 
For the pLirposes of this Code of Fair Trade Practices certain cotton 
yarns, commonly a.nd variously known as "schiffli", "schiffli yarn" and 
"embroidery yarns", as made and sold for use only on Schiffli and Swiss 
hand embroidery machines shall be considered, as coming within the fore- 
going definition of thread. 

(c) The term "manufactLirers ' threads" refers to those threads 
generally used in the manufacturing or industrial trades, and the term 
"household threads" refers to those threads generally used in the home 
or for domestic purposes. 



1/ Adjuinistrative Order 1-93 of November 30, 1S34 approved regulations 
relating to the stamping of invoices as submitted by the Code Auth- 
ority. 



9721 



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(d) The term "Sub-ComrnitteG on Tliread" shall mean the Sub- 
Cominittcc on Thread of the Code Authority of the Cotton Textile In- 
dustry. 

(e) Unless otherwise specified, all provisions of this Code of 
Fair Trade Practices sh?.ll apply octh to manufacturers' or industrial 
threads and household or domestic threads. 

3. Publishing Prices and Terms of Sale. — (a) Slach member of the 
industry shall fxirnish to and file with the- Thread Institute copies of 
price lists shov/ing all current prices and quantity discounts to all 
classes of trade on "branded goods. This information shall "be kept \ . 
up to date in the future "by furnishing The Thread Institute with all 
changes in prices and quantity discounts on "branded goods on the same 
day on which they go into effect. All such information filed with the 
Thread Institute shall ~oo availa'ble to all members of the Industry. 

(b) j]ach member of the Industry shall have the right individually 
to file new prices from time to time not inconsistent with the provi- 
sions of tne Cotton Textile Code as amended or this Code cf Fair Trade 
Practices. 

(c) Members of the Industry shall rojart to the Cotton-Textile 
Institute ever^^ four weeks, the total cf all sales of nonbrandcd goods 
made by them during said four weeks' period. The units in which such 
sales shall be reported, the detail of said reports, and the disposi- 
tion of same, shall be as designated from time to. time by the Sub-Com- 
mit toe on Thread. 

(d) The Sub-Committee on Thread sliall liave power to establish 
rules and regulations for the ordering administration of tlie provisions 
of t'nis Section 3. Such i-alcs and regu.lations shall be subject to re- 
view by the Cotton Textile Industry Committee. 

4. Selling 3elov.' Cost. — (a) The selli3:ig of goods by any member 
of tne Industrj' belov cost of production is an unfair trade practice 
except vfhere the sale is made to meet bona fide coiirnetition. 

(b) The provisions of paragraph 4 (a) shall not become effective 
until the definition of cost of production and a method of uniform cost 
accounting have been approved by the Administrator, and such further 
period thereafter, not less tiian t"nrce months, as may be fixed by the 
Sub-Committee on Thread with the approval of the Cotton Textile Industry 
Committee and of the Administrator. 

(c) Nothing herein contained shall prevent the sale of damaged 
goods, job lots, and discontinued lines below cost of production, pro- 
vided, such merchandise is clearly invoiced as such, and that a com- 
plete record thereof is kept by the seller, open to inspection by The 
Thread Institute or its authoris.ed agents. 

(d) The Thread Institxito, through a disinterested agency appointed 
by its Board of Directors, is designated as an s.gency to gather all nec- 
essary information as to a method of -uniform cost accounting. Such 

9721 



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agency shall report the results of such investigation to the said Board 
in statistical form, and said Board is designated as an agency to deter- 
mine the appropriate method for ujiiform cost accounting, and to recommend 
such method and a definition of cost of production through the Suh-Com- 
mittee on Thread for the action of the Cotton Textile Indus try/,Cor;irrdt too and 
recommendation to the Administrator, Such recommendation, after such 
notice and hearing as the Administrator may specify, shall hccome ef- 
fective subject to the provisions of paragraph 4 (h) on approval hy the 
Administrator or the President. 

5. Ci'edit Terms. -^- (a) 3:icept either as otherwise provided in 
paragraph (b) of this section, or under emergency conditions found to 
exist in any particular ca-se, no more favorable credit terms shall he 
extended "by any member of the Indiistry, in .connection vdth any sale or 
transactions completed within the continental limits of the United 
States than the following; 

Net 60 dayp. 

270 10 days E. 0. M. (3nd of Month). 

(b) The provisions of paragraph 5 (a) shall not apply to sales 
of thread for use on Schiffli and Swiss hand embroidery machines, on 
which sales no more favorable ternis shall be extended than — 

Net 60 days. . ■ 

2^,0 30 days., 

S/a 10 days 

(c) No extra dating shall be allowed, except that goods shipped 
from the 35th to the end of the month may be regarded for discount 
purposes as having been shipped as of the 1st of the following month, 
and except also that an additional dating of thirty days on the in- 
voice may be allov;ed for discou:at purposes on shipments from points 
east of the Mississippi Eivsr to points west of tne longitude of 
Denver, Colorado. 

(d) No shipment shall be m.ade on consignmont to any person, firm 
or corporation other tha,n to a bona fide S3,les agent. 

6. Secret Rebates. — (a) The payment or allowance of secret re- 
bates, ref-onds, or unearned discounts, whether in the form of money 
or otherwise, resulting in discriminations between customers of the 
same class, is an unfair trade practice. 

(b) Nothing in this paragraph shall preclude the payment of a 
reasonable commission to any .jobber for bona fide services in dis- 
tribution of goods. 

7. Mutuality of Contracts. — (a) All contracts not for immedia,te 
delivery made by members of tne Industry for the sale of their products 

9721 



-80- 

shall l3e in w.-iting for definite quantities, and duly executed "by the 
respective parties thereto. Forms for such contracts shall "be filed 
with The Thread In.stitute as soon as effective and shall "be availa'ble 
to all monibers. 

("b) All contracts for rrjanufacturcrs ' threads shall stipulate 
tiat the delivery specifications calling for the shipments against the 
contracts shall 'oe distri""Duted fairly and equita"bly throughout the 
term of said contract. 

(c) All contracts should "be performed according to their terais 
"by all the parties thereto, in the absence of a legal or equita'ble 
excuse for nonperformance. The vdllful failure of a mem"ber of the In- 
dustry to enforce the same is an unfair trade practice, rlothing herein 
contained shall prevent the use of usual clauses in contracts as to 

the effect of force majeure, acts of G-od, and similar events heyonji the 
control of either party. 

(d) Predating an order or contract v/ith the intent or effect of 
giving either "buyer or seller any advanta<^,e cr "benefit vdiich would not 
accrue if such order or contract were correctly dated, is an unfair 
trade practice. 

. (e) "Ma>e and hold" orders for manufactui-rers ' threads shall only 
"be accepted as contracts. Under such contracts the terms must provide 
that the "buyer must accept delivery of the frdl quantity specified with- 
in the contract period, 

(f) Wilfully inducing or attemoting to induce the "breach of 
any contract "between a conpetitor and his customer or wilfully inter- 
fering witlx or o"bstructing the performance of the same is an unfair 
trade practice, 

(g) Contracts for manufacturers' threads not for immediate de- 
livery shall "be for periods not to exceed three months, 

8. Samples, — V/hereas, the giving of free samples to cijstomers for 
the purpose of o"btaining "business is not in itself a trade a"buse, it is 
an unfair trade practice if samolos are given as an integral part of a 
sale or as a means of making a specific sale, 3/ 



2/ The a"bove section was deleted "by amendment approved i/arch 2, 1935 
and the following was su"bstitutod therefor: 

"8, Samples — Whereas, the giving of free trial samples of 
cotton thread to cu.stomers or prospective customers of 
mem"bers of the Industry for the purpose of o"btaining bus- 
iness is not in itself a trade a"buse, it is an unfair trade 
practice if any quantity of cotton thread other than trial 
samples is given "by a mem"ber 01 the Industr;^ as an integral 
part of a sale or as a means of imlcing any specific sale. Any 
of the aforesaid free trial samples shall "be marked as required 
by the provisions of Section 12 hei-eof . " 

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-81- 

S. Advei-tiaing Allov/ance. - IIo advertising shall Lie offered or 
given to induce or consw.irnate a sale. This paragraii shall not te con- 
strued so as to prevent ;?ro-:?r e:coendit-ures or allov/ances for advertis- 
ing or displays actually made or furnished. 

10. Groiip Buiying. - No rnemoer of the Industry shpll accept orders 
or contracts from any person, firm, conoora.tion, or association v/ho has 
combined to pool orders or pu.rchase3 of se'-'ing threads for the puiriose of 
obtaining the benefit oi any discount or other concession allowed on the 
Quantity purchased or agreed to be nvLrcha-sed unless the person, firm, 
corporation, or association in whose name the sale or contract shall 

"be made actually establishes a sound fihaaicial basis for any credit in- 
volved and assumes sole financia-1 responsibility. The failure of any 
member oi the Industry to conform to the reciuireraents of this paragraph 
shall be an unfair trade practice. 

11. False and Misleading Advertising. - The making or causing 
or permitting to be made or published any false or deceptive statement 
by way of advertisement (whether printed, radio, display, or of any 
other nature) or otherwise concerning the grade, quality, Quantity, 
substance, character, nature, orgin, sise, or preparation of any product 
of the Industi-y vwiich is misleading or inaccurate in any material 
particular or vhich may mislead or deceive purchasers or prospective 
purchasers, or which may injuriously a.ffect the business of comTjetitors, 
is an unfair trade practice. " ■ " 

12. Max-king Thread. - (a) Uo member of the Industry, shall sell 
or offer for sale any thread, put un on sioools, tubes, cones, bobbins, 
or in balls, skeins, or other similar packages, "'onless there is affixed 
to or impressed Wjon a conspicous part of each such spool, tube, cone, 
bobbin, ball, skein, or other similar package of such thread a label or 
stamp shich shall be "ola.in ajid. cons-oicous, and vhich shall plainly 
indicate either its net weight in avoirdupois poujids and ounces or its 
length in yards; Provided, that when any such spool, tube, cone, bobbin, 
ball, skein, or other similar package of such thread containing a net 
weight of less thaJL two a.voirdupois ounces is sold or offered for sale, 
then such label or stamp sha,ll indica.te its length in yards; provided 
further. That where from the shape, size or character of the spool, 

tube, cone7 bobbin, ,b,'..ll, skein, -^r other simik-'ir rackage it. is impo-ssible 
so to affix or impress such label or stamp, a label or stamp shall be 
affixed to the box or other contained in which- such packages a.re put up, 
stating the number of units contained therein and the net weight of yard- 
age of each, as hereinbefore prescJCibed. 

(b) It shall be an unfair trad.e practice if ajiy member of the 
industry shall sell or offer for sale such thread on any spool, tube, 
cone, bobbin, or in any such ball, skein or other similar package or 
box, without a label or stacip specifying the net weight or number of 
yards of thread contained thex*eon, as provided in the first paragraph of 
this section, or if any such member of the industry shall seil or offer 
for sale such thread on any such spool, tube, cone, bobbin, or in any 
such ball, skein, or other similar package or box, weighing or measuring 
more than five per cent, leas s or more" than the net ?;eight or number of 
yards that the label or sttjinp thereon sriecifies. 



9721 



-82- 

Eacli member of the incVastry sli.-ll file v/itii Tlie Thread I-stituts 
a list of all "brands and traie nia.rhs used on cotton threads liroduced 
"by or for him for his oy/n distri"bution and sale, and also shall keep 
jl5i.e Thread IjiiStitute informed .Vf. all changes suid additions. 

It shall he an Vinfair trade practice if any memher of the industry 
shall sell or offer for sale cjcij thread v/hich, in addition to heing 
labeled or stam-^^oed vdth a sto.tenent of contents as provided in the 
first paragraph of this section, does not bear a firm name, brand, or 
trade mark by vjhich it may be clearly identified by *Ihe Thread Institute. 

Ti^e provisions of the foregoing paragraphs of this section shall 
not apply to thread sold for use on Schifili and Swiss hand embroidery 
machines. 

13. Misbranding and Mislabeling - The false marking or false 
branding of -products v/ith the effect of misleading or deceiving pur- 
chasers with respects co the cuantity, ouality, gra.de, or substance 
of the Toroducts "purchased is an unfair trade practice. 

14. ?alse Invoicing. - Withliolding from or inserting in the in- 
voice statements which malce the invoice a false record wholly or in part, 
of the transaction represented on the face thereof, is an unfair trade 
practice. 

15. Commercial Bribery. - ITo member' of the Industry shall give, 
permit to be given, or directly offer to give, anything of value for 
the purpose of influencing or rewarding the action of any employee, 
agent, or representative of aoaother in relation to the b^isiness of the 
employers of such em;-?loyee, the principal of such agent or the repre- 
sented party. T"ais provision shall not be constru.ed to prohibit free 
and general distribution oi articles com'ionly used for advertising 
er.cept so far as such articles are actually used for comra-rcial brib'^ry 
as hereinabove defined. 

16. St^bs-Stitution of Merchandise. - (a) Shipping or delivering 
products which do not conform to the saimles sub/nit ted, or re'oresen- 
tations made prior to securing an order an.d v;ith the effect of de- 
ceiving or misleading the purchaser, is an unfair trade practice. 

(b) The sa.le of s,n inferior r.uality of product in this indiistry 
at a price approori-te for such product, with the understanding that a 
prodLict of superior nuality selling at a, hi -her 'orice will be de- 
livered, is an "-LUifair trade practice. A seller acting in good faith 
and because of an actual unforeseen shortage of the product sold, may, 
in order to service the customer, deliver a -oroduct of quality 
superior to the product sold. 

17. Imitation of Trade Marks, etc. - Tlie imitation or simulation 
by a member of the -Fnaustry, of another's trade marks, trade names, 
slogans, and other marks of identifico.tion, including labels and the 
dress of the goods, so as to deceive purchasers or prospective pur- 
chasers, or result in commercial disadvantage to the owner of an al- 
ready established put-up is an unfair trade Toractice. 



9721 



-82- 

18. False Disparagement of Competitors. - The defamation of com- 
petitors by falsely imputing to them dishonorable cond-act, inability to 
perform contracts , questionable credit standing, or other false representa- 
tions, or the false disparagement of the grade or quality of their goods, 
is an unfair trade practice. 

19. Use of Competitor's Merchandise. - No member of the industry, 
shall by purchase or exchange acquire another manufacturer's merchandise 
from any customer or prospective customer for the purpose of substituting 
his ovm merchandise or influencing the sale of merchandise to such customer 
or prospective customer, Provided however, it shall not be an unfair trade 
practice to acquire a sample of a competitor's merchandise for the purpose 
of comparison or anfj.ysis. 

20. Aiding or Abetting Another in the Use of Unfair Trade Practice. - 
The wilful aiding or abetting of another in the use of unfair trade 
practices is an unfair trade practice. 

21. Modification. - (a) The Board of Directors of 3/ the Sub- 
Committee on Thread shall give consideration to any proposed change or 
changes in this Code of Pair Trade Practices which may be proposed to it 4/ 
either by any member or members of the Thread Institute having collectively 
not less than twenty-five votes therein, provided, however, that where 
such proposed change or changes would affect manufacturers supplying 
thread for use on Schiffli and Swiss hand embroidery machines, such change 
or changes may be proposed by any member or members of The Thread Institute 
whose principal business is supplying such thread, having collectively not 
less than five votes therein. 

(b) The provisions of this Code of Fair Trade Practices shall govern 
all members of the Industry. Any provision of this Code of Fair Trade 
Practices may be revoked or modified by the Board of Directors of the Sub- 
Committee on Thread, subject to the approval of the Cotton Textile Industry 
Comm.ittee and the Administrator. This Code of Fair Trade Practices is 
subject to the right of the President, in accordance with subsection (b) 
of Section 10 of the Ivational Industrial Hecovery Act from time to time 
to cancel or modify any order, approval, rule or regulation issued under 
said act. 



3/ "of" was changed to "or" by an amendment approved September 11, 1934. 

4/ " it"-.evidently a tj^pographical error - was removed by an amendment 
September 11, 1934. 



9721 



-34- 

22. Nothing in this Code of jair Trade Practices shall he deemed 
to constitute any of the memhers of the Industry partners for any pur- 
pose. No rnemDer shall he liahle in ajiy manner to anyone for any act of 
any mcmtor or agent of the Code Authority lawfully and properly per- 
formed pursuant to the provisions of this Code of Pair Trnde Practices, 
nor shall memher or e.gent he liahle to anyone or in any manner other 
than as provided in the llational Industrial Secovei-y Act or in the G-otton 
Textile Code or this Code of Fair Trade Pra,ctices for any act performed 
in accordance with, or for any failure to act required oy, the provisions 
of said Code and Code of pair Trade Practices. 



9721# 



OFFICE OF THE NATIONAL RECOVERY ADMINISTRATION 
THE DIVISION OF REVIEW 

THE WORK OF THE DIVISION OF REVIEW 

Executive Order No. 7075, dated June 15, 1935, established the Division of Review of the 
National Recovery Administration. The pertinent part of the Executive Order reads thus: 

The Division of Review shall assemble, analyze, and report upon the statistical 
information and records of experience of the operations of the various trades and 
industries heretofore subject to codes of fair competition, shall study the ef- 
fects of such codes upon trade, industrial and labor conditions in general, and 
ot.ier related matters, shall make available for the protection and promotioi of 
the public interest an adequate review of the effects of the Administration of 
Title I of the National Industrial Recovery Act, and tne principles and policies 
put into effect thereunder, and shall otherwise aid the President in carrying out 
nis functions under the said Title. 

The study sections set up in the Division of Review covered these areas: industry 
studies, foreign trade studies, labor studies, trade practice studies, statistical studies, 
legal studies, administration studies, miscellaneous studies, and the writing of code his- 
tories. The materials which were produced by these secti;ns are indicated below. 

Except for the Code Histories, all items mentioned below are scheduled to be in mimeo- 
graphed form by April 1, 1936, 

THE CODE HISTORIES 

The Code Histories are documented accounts of the formation and administration of the 
codes. They contain the definition of the industry and the principal products thereof: the 
classes of members in the industry; the history of code formation including an account of the 
sponsoring organizations, the conferences, negotiations and hearings which were neld, and 
the activities in connection with obtaining approval of the code; the history of the ad- 
ministration of the code, covering the organization and operation of the code authority, 
the difficulties encountered in administration, the extent of compliance or non-compliance, 
and the general success or lack of success of the code; and an analysis of the operation of 
code provisions dealing with wages, hours, trade practices, and other provisions. These 
and other matters are canvassed not only in terms of the materials to be found in the files, 
but also in terms of the experiences of the deputies and others concerned with code formation 
and administration. 

The Code Histories, (including histories of certain NRA units or agencies) are not 
mimeographed. They are to be turned over to the Department of Commerce in typewritten form. 
All told, approximately eight hundred and fifty (850) histories will be completed. This 
number includes all of the approved codes and seme of the unapproved codes. (In W ork Mat e- 
rials No 18 , Contents of Code Histories, will be found the outline which governed the 
preparation of Code Histories.) 

(In the case of all approved codes and also in the case of some codes not carried to 
final approval, there are in NRA files further materials on industries. Particularly worthy 
of mention are the Volumes I, II and III which c nstitute the material officially submitted 
to the President in support of the recommendation for approval of each code. These volumes 
9675—1 . 



OFFICE OF THE NATIONAL RECOVERY ADMINISTRATION 
THE DIVISION OF REVIEW 

THE WORK OF THE DIVISION OF REVIEW 

Executive Order No. 7075, dated June 15, 1935, established the Division of Review of the 
National Recovery Administration. The pertinent part of the Executive Order reads thus: 

The Division of Review shall assemble, analyze, and report upon the statistical 
information and records of experience of the operations of the various trades and 
industries heretofore subject to codes of fair competition, shall study the ef- 
fects of such codes upon trade, industrial and labor conditions in general, and 
ct.ier related matters, shall make available for the protection and promotioi of 
the public interest an adequate review of the effects of the Administration of 
Title I of the National Industrial Recovery Act, and tne principles and policies 
put into effect thereunder, and shall otherwise aid the President in carrying out 
nis functions under the said Title. 

The study sections set up in the Division of Review covered these areas: industry 
studies, foreign trade studies, labor studies, trade practice studies, statistical studies, 
legal studies, administration studies, miscellaneous studies, and the writing of code his- 
tories. The materials which were produced by these secti:ns are indicated below. 

Except for the Code Histories, all items mentioned below are scheduled to be in mimeo- 
graphed form by April 1, 1936. 

THE CODE HISTORIES 

The Code Histories are documented accounts of the formation and administration of the 
codes. They contain the definition of the industry and the principal products thereof; the 
classes of members in the industry; the history of code formation including an account of the 
sponsoring organizations, the conferences, negotiations and hearings which were .leld, and 
the activities in connection with obtaining approval of the code; the history of the ad- 
ministration of the code, covering the organization and operation of the code authority, 
the difficulties encountered in administration, the extent of compliance or non-compliance, 
and the general success or lack of success of the code; and an analysis of the operation of 
code provisions dealing with wages, hours, trade practices, and other provisions. These 
and other matters are canvassed not only in terms of the materials to be found in the files, 
but also in terms of the experiences of the deputies and others concerned with code formation 
and administration. 

The Code Histories, (including histories of certain NRA units or agencies) are not 
mimeographed. They are to be turned over to the Department of Commerce in typewritten form. 
All told, approximately eight hundred and fifty (850) histories will be completed. This 
number includes all of the approved codes and seme of the unapproved codes. (In Work Mate- 
rials No _ 18, Contents of Code Histories, will be found the outline which governed the 
preparation of Code Histories.) 

(In the case of all approved codes and also in the case of seme codes not carried to 
final approval, there are in NRA files further materials en industries. Particularly worthy 
of mention are the Volumes I, II and III which c nstitute the material officially submitted 
to the President in support of the recommendation for approval of each code. These volumes 
9675—1 . 



set forth the origination of the code, the sponsoring group, the evidence advanced to sup- 
port the proposal, the report of the Division of Research and Planning on the industry, the 
recommendations of the various Advisory Boards, certain types of official correspondence, 
the transcript of the formal hearing, and other pertinent matter. There is also much offi- 
cial information relating to amendments, interpretations, exemptions, and other rulings. The 
materials mentioned in this paragraph were of course not a part of the work of the Division 
of Review. ) 

THE WORK MATERIALS SERIES 

In the work of the Division of Review a considerable number of studies and compilations 
of data (other than those noted below in the Evidence Studies Series and the Statistical 
Materials Series) have been made. These are listed below, grouped according to the char- 
acter of the material. (In Work M ate rials No 17, Tentative Outlines and Sj^maries of 
S tudies in Process , these materials are fully described). 

Industry Studies 

Automobile Industry, An Economic Survey of 

Bituminous Coal Industry under Free Competition and Code Regulation, Economic Survey of 

Construction Industry and NRA Construction Codes, the 

Electrical Manufacturing Industry, The 

Fertilizer Industry, The 

Fishery Industry and the Fishery Codes 

Fishermen and Fishing Craft, Earnings of 

Foreign Trade under the National Industrial Recovery Act 

Part A - Competitive Position of the United States in International Trade 1927-29 through 
1934. 

Part B - Section 3 (e) of NIRA and its administration. 

Part C - Imports and Importing under NRA Codes. 

Part D - Exports and Exporting under NRA Codes. 
Forest Products Industries, Foreign Trade Study of the 
Iron and Steel Industry, The 
Knitting Industries, The 
Leather and Shoe Industries, The 

Lumber and Timber Products Industry, Economic Problems of the 
Men's Clothing Industry, The 
Millinery Industry, The 
Motion Picture Industry, The 

Migration of Industry, The: ,The Shift of Twenty-Five Needle Trades From New York State, 
1926 to 1934 

National Income, A study of. 
Paper Industry, The 

Production, Prices, Employment and Payrolls in Industry, Agriculture and Railway Trans- 
portation, January 1923, to date 
Retail Trades Study, The 
Rubber Industry Study, The 
Statistical Background of NRA 

Textile Industry in the United Kingdom, France, Germany, Italy, and Japan 
Textile Yarns and Fabrics 
Tobacco Industry, The 
Wholesale Trades Study, The 
9675. 



- Ill - 

Women's Apparel Industry, Some Aspects of the 

Trad e P ractic e Stu dies 

Commodities, Information Concerning: A Study of NRA and Related Experiences in Control 
Distribution, Manufacturers' Control of: A Study of Trade Practice Provisions in Selected 

NRA Codes 
Design Piracy: The Problem and Its Treatment Under NRA Codes 
Electrical Mfg. Industry: Price Filing Study 
Fertilizer Industry: Price Filing Study 

Geographical Price Relations Under Codes of Fair Competition, Control of 
Minimum Price Regulation Under Cedes of Fair Competition 
Multiple Basing Point System in the Lime Industry: Operation of the 
Price Control in the Coffee Industry 
Price Filing Under NRA Codes 

Production Control Under NRA Codes, Some Aspects of. 
Resale Price Maintenance Legislation in the United States 

Retail Price Cutting, Restriction of, with special Emphasis on The Drug Industry. 
Trade Practice Rules of The Federal Trade Commission (1914-1936): A classification for 

comparison with Trade Practice Provisions of NRA Codes. 

Labo r Stud ies 

Employment, Payrolls, Hours, and Wages in 115 Selected Code Industries 1933-1935 

Hours and Wages in American Industry 

Labor Program Under the National Industrial Recovery Act, The 

Part A, Introduction 

Part B, Control of Hours and Reemployment 

Part C. Control of Wages 

Part D. Control of Other Conditions of Employment 

Part E. Section 7(a) of the Recovery Act 
PRA Census of Employment, June, October, 1933 
Puerto Rico Needlework, Homeworkers Survey 

Admi nistrativ e S tudies 

Administrative and Legal Aspects of Stays, Exemptions and Exceptions, Code Amendments, Con- 
ditional Orders of Approval 

Administrative Interpretations of NRA Codes 

Administrative Law and Procedure under the NIRA 

Agreements Under Sections 4(a) and 7(b) of the NIRA 

Approved Codes in Industry Groups, Classification of 

Basic Code, the — (Administrative Order X-61) 

Code Authorities and Their Part in the Administration of the NIRA 
Part A. Introduction 

Part B. Nature, Composition and Organization of Code Authorities 
Part C. Activities of the Code Authorities 
Part D. Code Authority Finances 
Part C. Summary and Evaluation 

9675 . 



- IV - 

Code Compliance Activities of the NRA 

Code Making Program of the NRA in the Territories, The 

Code Provisions and Related Subjects, Policy Statements Concerning 

Content of NIRA Administrative Legislation 

Part A. Executive and Administrative Orders 

Part B. Labor Provisions in the Codes 

Part C. Trade Practice Provisions in the Codes 

Part D. Administrative Provisions in the Codes 

Part E. Agreements under Sections 4(a) and 7(b) 

Part F. A Type Case: The Cotton Textile Code 
Labels Under NRA, A Study of 

Model Code and Model Provisions for Codes, Development of 
National Recovery Administration, The: A Review and Evaluation of its Organization and 

Activities 
NRA Insignia 

President's Reemployment Agreement, The 

President's Reemployment Agreement, Substitutions in Connection with the 
Prison Labor Problem under NRA and the Prison Compact, The 
Problems of Administration in the Overlapping of Code Definitions of Industries and Trades, 

Multiple Code Coverage, Classifying Individual Members of Industries and Trades 
Relationship .>f NRA to Government Contracts and Contracts Involving the Use of Government 

Funds 
Relationship of NRA with other Federal Agencies 
Relationship of NRA with States and Muncipalities 
Sheltered Workshops Under NRA 
Vijgpdifiec} Inaystries; A study of Factors Limiting the Code Making Program 

Le^al Studies 

Anti-Trust Laws and Unfair Competition 

Collective Bargaining Agreements, the Right of Individual Employees to Enforce Provisions of 

caaerce Clai:se, Possible Federal Regulation of the Employer-Employee Relationship Under the 

Delegation of Power, Certain Phases of the Principle of, with Reference to Federal Industrial 
Regulatory Legislation 

Enforcement, Extra-Judicial Methods of 

Federal Regulation through the Joint Employment of the Power of Taxation and the Spending 
Power 

Gcvsrnment Contract Previsions as a Means of Establishing Proper Econ mic Standards, Legal 
Memorandum on Possibility of 

Intrastate Activities Which so Affect Interstate Commerce as to Bring them Under the Com- 
merce Clause, Cases on 

Legislative Possibilities of the State Constitutions 

Post Office and Post Road Power — Can it be Used as a Means of Federal Industrial Regula- 
tion? 

State RocGvcry Legislation in Aid of Federal Recovery Legislation History and Analysis 

Tariff Rates to Secure Proper Standards of Wages and Hours, the Possibility of Variation in 

Trade Practices and the Anti-Trust Laws 

Treaty Making Power of the United States 

War Power, Can it be Used as a Means of Federal Regulation of Child Labor? 

9675. 



_ V _ 
THE EV IDEN CE STUDIE S SERIE S 

The Evidence Studies were originally undertaken to gather material for pending court 
oases. After the Schechter decision the project was continued in order to assemble data for 
use in connection with the studies of the Division of Review. The data are particularly 
concerned with the nature, size and operations of the industry; and v/ith the relation of the 
industry to interstate coaaerce. The industries covered by the Evidence Studies account for 
more than one-half of the total number of workers under codes. The list of these studies 
follows: 



Automobile Manufacturing Industry 

Automotive Parts and Equipment Industry 

Baking Industry 

Boot and Shoe Manufacturing Industry 

Bottled Soft Drink Industry 

Builders' Supplies Industry 

Canning Industry 

Chemical Manufacturing Industry 

Cigar Manufacturing Industry 

Coat and Suit Industry 

Construction Industry 

Cotton Garment Industry ' 

Dress Manufacturing Industry 

Electrical Contracting Industry 

Electrical Manufacturing Industry 

Fabricated Metal Products Mfg. Industry and 

Metal Finishing and Metal Coating Industry 

Fishery Industry 

Furniture Manufacturing Industry 

General Contractors Industry 

General Contractors Industry 

Graphic Arts Industry 

Graphic Arts Industry 

Gray Iron Foundry Industry 

Hosiery Industry 

Infant's and Children's Wear Industry 

Iron and Steel Industry 



Leather Industry 

Lumber and Timber Products Industry 
Mason Contractors Industry 
Men's Clothing Industry 
Motion Picture Industry 
Motor Vehicle Retailing Trade 
Needlework Industry of Puerto Rico 
Painting and Paperhanging Industry 
Photo Engraving Industry 
Plumbing Contracting Industry 
Retail Lumber Industry 
Retail Trade Industry 
Retail Tire and Battery Trade Industry 
Rubber Manufacturing Industry 
Rubber Tire Manufacturing Industry 
Shipbuilding Industry 
Silk Textile Industry 
Structural Clay Products Industry 
Throwing Industry 
Trucking Industry 
Waste Materials Industry 
Wholesale and Retail Food Industry 
Waste Materials Industry 
Wholesale and Retail Food Industry 
Wholesale Fresh Fruit and vegetable Indus- 
try 
Wool Textile Industry 



THE STATISTICAL MATERIALS SERIES 



This series is supplementary to the Evidence Studies Series. The reports include data 
en establish:ients, firms, employment, payrolls, wages, hours, production capacities, ship- 
ments, sales, consumption, stocks, prices, material costs, failures, exports and imports. 
T'r.3j also include notes on the principal qualifications that should be observed in using the 
data, the technical methods employed, and the applicability of the material to the study of 
the industries concerned. The following numbers appear in the series: 
9675. 



— VI - 



Asphalt Shingle and Roofing Industry 

Business Furniture 

Candy Manufacturing Industry 

Carpet and Rug Industry 

Cement Industry 

Cleaning and Dyeing Trade 

Coffee Industry 

Copper and Brass Mill Products Industry 

Cotton Textile Industry 

Electrical Manufacturing Industry 

9675. 



Fertilizer Industry 

Funeral Supply Industry 

Glass Container Industry 

Ice Manufacturing Industry 

Knitted Outerwear Industry 

Paint, Varnish, and Lacquer, Mfg. Industry 

Plumbing Fixtures Industry 

Rayon and Synthetic Yarn Producing Industry 

Salt Producing Industry