xt7wwp9t2q46_8 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed.  Permission must be received for subsequent distribution in print or electronically.  Physical rights are retained by the owning repository.  Copyright is retained in accordance with U. S. copyright laws.  For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 11 "The National Recovery Administration: A Review of its Past and Recommendations for its Future" January 21, 1935 text No. 11 "The National Recovery Administration: A Review of its Past and Recommendations for its Future" January 21, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_11/Am_Lib_Lg_11_001/Am_Lib_Lg_11_001.pdf section false xt7wwp9t2q46_8 xt7wwp9t2q46 he impose a burden upon interstate commerce, there- .
fore he is not subject to Federal regulation. ·
In a hardwood lumber case (Mississippi Valley Hard- °
wood Company, Inc., vQ McClanahan, United States ‘
Attorney et al.) the Federal District Court enjoined
the United States District Attorney from enforcing the
price fixing provisions of the code on the ground that The
no authority for price fixing exists in the law. The
Court held that while the Act authorizes the formula- ·
tion of codes of fair competition, the definitions of N · R
"fair competition" do not include price fixing. In a atlonal QCQVGTY
lumber case in a different judicial district a similar
ruling was given. _ _ _
In another lumber case (United States v._ McGraw- I Adynlnlstraugn
Curran et al.) the Federal District Judge in denying
an injunction restraining violation of code price provi-
sions stated that mere underselling of competitors is "
not unfair competition. No proof was given that the _
sales price was below the cost of production and noth- 4
ing in the National Industrial Recovery Act indicates, I
the Court held, that a specific price should be set as
the cost of production throughout large areas of the I ¢ ¢ <>
country. ,
Production control is involved in a number of cases [
considered by the Federal courts. In addition to the »
oil cases to which reference has already been made,
the Lumber, Silk Textile, Rayon Silk Dyeing, Printing,
Hosiery, Underwear and Allied Products, Ice and Co-t-
ton Textile codes account for other court cases affect- V _ _
jog production control- A Review of its Past and Recom-
In the litigation that has arisen concerning the trade · ·
practice provisions of codes many cases have related to mendatlons for Its Future
regulations in the Motor Vehicle Retail Code. These
regulations primarily concern trade-in allowances for
used cars and accurate mileage records. Provisions of
the Petroleum Code prohibiting the giving of premiums
with sales of gasoline were the cause of several cases.
The Funeral Supply, Retail, Brewing, Commercial and ·
Breeder Hatchery, Silk Textile and Millinery codes
account for other trade practice cases in the courts.
There are several instances where decisions have ° ° °
been rendered adverse to the enforcement of trade
practice provisions. In two cases relating to petro-
leum code restrictions on premiums the Court held
that it was a regulation of intrastate commerce.
The American Liberty League expects to submit ad-
ditional comments of a specific character after the
administration offers its recommendations for legisla- ( AMERICAN LIBERTY LEAGUE
tion. The declaration by S. Clay Williams, Chairman N . 1 H d
of the National Industrial Recovery Board, in an ad- atmna ea quarters
dress January 17, that any extension of the Act should National Press Building
be for "a further trial period of from one to two years" WASHINGTON_D_ C_
rather than as permanent law is a favorable indication
of the trend within the present governing body.
Document No. 11 ‘
January, 1935
[ 24] $3

 I. A TEMPORARY EXTENSION
It will be agreed by all that emergency conditions
still prevail. There will be ample time in which to
j plan for permanent legislation after the machinery
The § set up under temporary authority has been tested
. 1 more thoroughly.
N.H.t101”I.a.]. Recovery There are three chief reasons why it is not desirable
V A . . . to enact permanent legislation at this time. In the
dI'[`I.1II1StIa.t1OIl first place, the American people are willing to confer
_ emergency powers upon the Executive but they hesi-
Within less than five months the powers vested in   tate to write them into permanent law. Secondly, the
the President under Title I of the National Industrial { experience thus far under the National Recovery Ad-
Recovery Act will lapse. It is obvious that Congress · ministration has not been such as to make possible a
will be called upon to consider new legislation in ad- ` final decision as to just what features should be re-
vance of the expiration date, ]une 16, 1935. tained permanently. A third reason is that important
There are certain guiding principles which should be   constitutional questions arising under the administra-
adhered to in the determination of a future program. l tion of the present law are awaiting adjudication in
These are: j the Supreme Court of the United States. Already the
I. Continuance of any unusual executive authority l Supreme Court has held to be invalid Section 9 (c),
should be for a limited period. Until the emergency   which granted broad power to the President to prohibit
passes there should be no attempt to enact permanent [ the transportation of oil in interstate commerce. The
legislation for the control of American industry. The Court’s decision, handed down january 7, did not pur-
National Industrial Recovery Act is a temporary meas- port to deal with questions involving other parts of the
ure designed to deal with the emergency. Any legis- Act. It would be a mistake to proceed with permanent
lation by the Congress extending its life should contain ’ legislation until the legal foundations for the regula-
a definite time limitation.   tion of industry are more firmly established.
II. The Congress should guard zealously its prerog- A realistic view must be taken of the present situa-
atives under our plan of government in which there tion respecting the National Recovery Administration.
are three coordinate branches, the legislative, the execu- There are many who hold that it has been a complete
tive, and the judicial. Law—making by executive order failure and that there should be no new legislation.
is a step toward dictatorship. It must be recognized, however, that it is difficult to
III. Undue encroachment upon the sovereignty of retrace our steps. We must start from where we are
the states should be avoided. It should be kept in now. Chaos might follow complete abandonment of
mind that our Constitution set up a dual form of gov- this industrial experiment. On the assumption that it
ernment in which the states were intended to be su- will be wise to carry forward the best parts of the plan
preme over such commerce as was not of an interstate for at least a limited period, there must be an effort
character and over matters affecting the private lives to keep it in harmony with the principles of govern-
of the people. ` ment which have enabled us to attain a preeminent po-
IV. Self-government of industry should be the goal sition among the peoples of the world.
in any plan for concerted action in promoting recov- r Whether the new legislation is a modification of the
ery. There should be a minimum of bureaucratic reg- i old Act or an entirely new measure, it should be made
ulation. Production control, price fixing and other   effective for a fixed period of time rather than for the
devices which tend to interfere with the normal play j indefinite continuance of the emergency. Such action
of economic forces and to restrict individual initiative will insure at a not too far distant date a congressional
should be eliminated so far as possible. Interference r review of the many troublesome issues involved.
with the liberties assured by the Constitution should j No one will dispute the assertion that the experience
be guarded against. i of the National Recovery Administration to date has
V. Provisions of law respecting the relations of em- I not been such as to point clearly to the next step that
ployers and employees should be fair to both parties. i should be taken. While a reorganization has recently
While the workers are entitled to every consideration,   been in progress, there is no assurance that the present
the rights of the employers also must be preserved. j set-up represents the final word as to the most desir-
Requirements as to hours and wages should not be I able type of administrative machinery. There have
carried to such an extreme as to impose excessive bur- been many changes in policy as various theories have
dens upon industry. proved faulty. Enforcement has been found to be dif-
VI. Emergency recovery legislation should not be ficult and may prove impossible. The net result has
susceptible of use as a vehicle for experimentation with been to show that certain features of the program
untried theories. _ _ · _ · should be eliminated. More time should be allowed
• In support of these guiding principles the following before there is any effort to decide which features
is Offered? [ 1 should become permanent. In the meantime, the leg-
2
[ 3 l

 islation should not go beyond a temporary extension aries. Originally, the President delegated authority
of authority. to a single National Recovery Administrator. More
While numerous cases involving the constitutional- recently responsibility has been divided among mem-
ity of the National Industrial Recovery Act are in the bers of a Board. The Congress in a proper exercise
courts, there is little likelihood that all of the important of its prerogatives should decide the form of future
points at issue will be passed upon by the Supreme 1 administrative organization. Provision might prop-
Court of the United States before the expiration of the   erly be made for confirmation by the Senate of presi-
present Act. ~ dential appointments of the principal administrative
The law declares an emergency to exist sufficient officers. A further check on the executive branch
to justify the granting of broad powers to the Execu- would be given if the Congress were to provide for spe-
tive. Our Constitution, which was written in a period , cific appropriations for the administration of the Act
of emergency, makes no special provision for action in ` instead of allowing money to be allotted by the Presi-
an emergency. Chief Justice Hughes in the decision ( dent from the Public Works fund. Under the law as
of the Supreme Court in the Minnesota Mortgage Mor- T it now stands it is not even necessary for the National
atorium Law Case last spring pointed out that "while [ Recovery Administration to submit an annual report
emergency does not create power, emergency may fur-   to the Congress as all the regular departments and bu-
nish the occasion for the exercise of power." It re- l reaus are required to do.
mains for the Court to rule as to whether various spe-  
cific grants of authority in the National Industrial   IIL ENCROACHMENT UPON THE
Recovery Act, besides the oil clause, are broader than   STATES
are permitted under the Constitution. In view of the l
circumstances the Congress should proceed cautiously [ The €Xt€¤'¤ to Whifih th¢ F€d€1'3l G0V€Y¤m€¤t may
before attempting to chart a pgrmangnt Course for r €X€I`ClS€ CO1'ltI`Ol OV€l.' bl.lSI1'l€SS of 3,1] lI1tI`3.St3t€ character
induSU·y_ is one of the doubtful questions which requires clari-
i fication by the courts. By the device of codes the au-
II EXECUTIVE AUTHORITY T thority of- the National Recovery Administration has
' [ been applied to lines of business which have no rela-
Under the stress of the serious crisis which con- } tion to interstate commerce. It was a mistake to at-
fronted this country in the spring of 1933, the Congress tempt to go so far in this direction. Any new legislation
gave blanket authority to the Executive in the National { should be limited to businesses engaged in or directly
Industrial Recovery Act as well as in other emergency Q and substantially affecting interstate commerce.
measures. It is necessary in a time of emergency to T In justification for the method used to keep within,
allow the executive branch of the government a greater , the Constitution it has been contended that the codes
degree of discretion than might be justified otherwise. are voluntary agreements entered into by groups of
New ground was broken in the creation of the National industries. While the presentation of a code may be
Recovery Administration. It was perhaps well that voluntary on the part of a trade association, com-
the Executive had a free hand at the start. A stage has pliance with its terms is obligatory upon all within the
now been reached which makes it desirable that Con- ` industry. Witness the jail sentences and lines imposed
gress should prescribe more specifically the policies V upon persons whose business has nothing to do with
which should prevail hereafter. The experience of , interstate commerce.
the past year and a half offers at least a basis for the l The original program of the National Recovery Ad-
writing of certain safeguards into the Act, even though   ministration was much too broad. The subsequent
the path is not clear enough to make it wise to frame   exemption of small tradesmen in towns of less than
a permanent measure.   2,500 was a wise move.
It was intended under our Constitution that the   An instance of the type of emergency power for
legislative branch of the government should def1ne [ which there is wide support is the inclusion of max-
somewhat precisely the course to be pursued by the V imum hours and minimum wages and prohibition of
executive branch and that it should maintain a con- l child labor in present industrial codes. Provisions of
stant check upon its actions. According to press re- T this kind cannot constitutionally be written into the
ports, members of our highest court were startled dur- ,’ law. Any mention of them in the new Act should be
ing the oil case hearing by the extent to which in effect only as requirements in connection with codes. While
law has been written by orders of the Executive and r there is reason for sympathy with the social objectives
of other officials under authority of the National Re- in the industrial control program, matters of this char-
covery Act. Under the operation of this Act, there [ acter fall properly within the jurisdiction of the states.
have been several hundred executive orders and sev- l
eral thousand administrative orders. l _
The original law authorized the President to estab-   IV' SELF GOVERNMENT OF INDUSTRY
lish such agencies and to appoint such officers as he   The experience under the National Recovery Admin-
. might find necessary and also to prescribe their du- i istration emphasizes the dangers in bureaucratic con-
ties, responsibilities and tenure and to iix their sal-   trol of industry. The arbitrary actions by subordi-
[4] . [ 5 l

 nate officials, the delays due to red tape and procrasti- V- LABOR PROVISIONS
nation and the expense and difficulties involved in com- The conectiva bargaining Section of the present law
pliance with the numerous rules and regulations have has baan tha Occasion ot much eontrover-sy_ Many he-
tended te ortset sash benents as may have been de' lieve that it has served to increase rather than tolessen
rived trom Provisions at tne eodes· la framing new industrial strife. A survey by the National Conference
legislation provision should be made for government Board Shows that 60 bor cont or the companies inter-
supervision rather than control of industry. To insure I rngatad found no change in crnployeiueynploygg rela-
selt-sevetameat hy latltlstty the sevetamehtal asehey ‘ tions under too National Recovery Administration, is
should have only the power of approval or veto of rules bar cent found rotations improved and 25 per cent
of fair competition. The industry should formulate found tbani less Satisfactory.
the terms sf a eode· Tne sewet et tne Exeeutive te t This provision should be clarified so as to preserve
impose a code upon an industry as granted in the pres- i the rights ot minority employee groups and to protect
eat law should he vvitndravvn·   them from coercion by other employee groups. Pro- n
Without attempting to bring all American business i posed amendments which go so tar as to prohibit com-
under codes, their operation should be limited to those i pany unions should be rejected,  
groubs which obtain aetuai benents· The eodes have | The life of the National Labor Relations Board and
been helpful to certain industries, notably those in the   the Special boards which Were appointed under author-
natural resources group. These industries should be i ity ot a joint resolution approved in june, 1934, will l
allowed to continue with codes. Other industries i and on June io, 1935, when authority under the Na- l
Where it ls deahttal that aay atlvaatase exists sheald I tional Industrial Recovery Att lapses. In providing ,
he allowed te abandon them- lh sash industries as * ior continuance of those or similar boards, the Congress
elect to take advantage of codes, there must necessarily i should denne their functions rnore specihcally_ The
he ptevlsleh ter eempelllas eempliaaee hy a ml¤erlty· l Congress should indicate moto tioiimtoiy trio manner iii
Unwise use at this sewer alters one at the dangers of e which the members of the boards shall be selected.
encroachment upon individual liberties guaranteed by   With respect to the hours and wages provisions gf n
the Constitution- i codes there is need of greater flexibility, particularly I
The provision tat elimination et e¤t—tht¤at eoinPe‘ i as to maximum hours. Some industries have been too  
tition through codes has been highly beneficial to many   greatly restricted Advocacy of a 30-hour week is e
industries- Our anti‘trust laws have been too rigid l based on a false premise that it is necessary to reduce
ta their prohibitions against eorninon action by niel¤· i hours of work to that extent in order to provide em-
hers at industrial groups It should he Pessihie te i ployment for all. The Brookings Institution has re- t
guard against abuses under this auth0ritY· t cently reported that we cannot materially shorten the
The National Recovery Administration in its early ~ i Working day and still produce the quantity of goods e
days Went too tat in aPProVai ef Prnduetiell ¢0lltl‘0i i and services which the American people aspire to con- ·
and briee eontrot Provisions- These have tended to l surne. The effect of a mandatory 30-hour week would
intertere Witn tne nexibnity at American industrY> te i be to increase costs of industry to such an extent as to
retard reeoverY and te diseourage the exercise ef i¤· i necessitate prices so high as to lessen the market for
dividual initiative. The new law should allow the use § its products, It would rnean less rather than more
of production control or price control only in extra- i employment,
ordinary circumstances.
Under the present law, penalties for violations of  
codes are excessive. These should be made more mod- l VL BASIC THEORIES r
etate- The penalties ate cumulative and ea a basis   In the initial stages of the National Recovery Ad-
eta maximum et $500 set day mavreaen huge tetals- i ministration there was an effort to mix reform with
Fatthetmetei there should he Provision tor an appeal   recovery, Experimentation proceeded on the basis of
to the courts. The law provides methods for prosecu- i untried eeonornie theories_
tion of offenders, but it is silent as to the manner in i gne of the theories was that an increase in mass
which a person subject to a code may obtain a judicial   purchasing power through higher wage rates and
reVieW of his situation- Whiie there are Ways in which i shorter hours would furnish a broader market for in-
a case may reach the courts, such as by injunction I dustry which in turn would create more employment.
proceedings in which constitutional questions are Instead, the effect was to increase costs more rapidly
raised, the process should be simplified.   than purchasing power. A curtailment rather than
Donald R. Richberg, executive director of the Na-   an expansion of industry followed. i
tional Emergency Council, has made a commendable One result of the increased costs imposed upon in-
suggestion that cases involving activities of trade as- dustry has been to offset recovery efforts of other
sociations which are in the twilight zone of interpreta- government agencies such as the Agricultural Adjust- ,
tign should bg suhject to a dgglaraitgry judgment by ment Administrationawhich has been faced. with the
a court of competent jurisdiction on an appeal from i Pmriieni of rising Priees et the eommodities vvnien
ta new National Code Adrninistration_ I farmers must buy, and ·the Federal Housing Adminis-
[6] [7 l

 tration, which has been handicapped by higher prices The Act proviilesfa geineralfoptline of th$g;¢h11}1§{1§é
of building materials. for the approva 0 co es 0 air compe1 .
It is essential in any extension of the National Re- President may approve a code submitted by a trade,
covery Administration that its program be based upon industrial association or group provided: (1) the group
theories which have been tested and proved sound. is representative of the trade or 1ndustry.covered by _
the code and no inequitable restriction IS made on
REVIEW OF NATIONAL RECOVERY admissions ·to membership and. (2) the code is not
ADMINISTRATION i "designed to promote monopolies or to eliminate or
U t th_ _ t th d_ _ h d It _ h th oppresstsmallengegprises and will not operate to dlS·
p o 1S pom · e 1scuss1on as ea wit e crimma e aga1ns em. _ _
future of the National Recovery Administration. It is provided that no code shall permit monopolies
What follows is a factual summary of what has taken * or monopolistic practices. h P d t
place under the present law. . The Act also states: T e resi en may, as a CGD-
The National Industrial Recovery Act was approved dition of his approval of any such code, impose such
on June 16, 1933. Title I relates to industrial recov- 1 conditions (including requirements for the making, of
ery and contains the sections which form the legal reports and the keeping of accounts) for the protection
basis for the National Recovery Administration. It is of consumers, competitors, employees, and others, and
provided that this Title shall cease to be in effect and in furtherance of the public interest, and may provide
any agencies established thereunder shall cease to such exceptions to and exceptions from the provisions
exist at the expiration of two years after the date of of such code, as the President in his drscretion deems
enactment, or sooner if the President shall, by procla- necessary to effectuate the policy here1n declared.”_
mation, or Congress shall, by joint resolution, declare After a code has been approved by the Pres1dent,_1tS
that the emergency recognized by Section 1 has ended, violation is deenged in unfair metglplgl ig gompeéflgz
Section 1, which contains a declaration of polic , in commerce wit int e meaning o _e _e era a
asserts the existence of "a national emergency produlzl- Commission Act. United States plStf1Ct Attorneys
tive of widespread unemployment and disorganization may institute proceedings in equity in the Ifederal Dis-
of industry, which burdens interstate and foreign com- trict Courts to prevent and restrain violations.
merce, affects the public welfare and undermines the Any violation of an approved code "_m any t1‘&¤S-
standards of living of ·the American people." action in or affecting interstate or foreign. commerce
It is declared to be the policy of Congress "to re- shall be a misdemeanor and upon conviction thereof
move obstructions to the free flow of interstate and an offender shall be fined not more than S500 for each
foreign commerce which tend to diminish the amount offense, and each day such violation continues shall be
thereof, and to provide for the general welfare by pro- deemed a separate offense." _ _
moting the organization of industry for the purpose of After public notice and hearing the President may
cooperative action among trade groups, to induce and prescribe a code for a trade or industry if no code
maintain united action of labor and management under exists and if he deems it to be 1n the public interest.
adequate governmental sanctions and supervision, to The President may require the Umted States Tariff
eliminate unfair competitive practices, to promote the Commission to investigate the importation of any arti-
fullest possible utilization of the present productive cle and after a report and hearing may impose l1m1ta-
capacity of industries, to avoid undue restriction of tions upon imports if considered 1n the interest of the
production (except as may be temporarily required), policy of the Act. _ _
to increase the consumption of industrial and agricul- The Presldeht IS euthenzed te enter mm Or apprpve
tural products by increasing purchasing power, to re- voluntary agreements between _l§>e¤‘50i}S,_l€;1h0¤' 0l‘g~f1;hZ§H
duce and relieve unemployment, to improve standards h°hS» Phede SYOUPS eng Others lf ;*111;1SAlut gmcm I Wl
of labor, and otherwise to rehabilitate industry and to esslst lh egeeeueuhgf e ¤¤1¤v_¤ e , C ‘
conserve natural resources » , The authority to license bus1nesses in order to make
The Act d E t ific ll creat National R€_ i a code effective expired ]une 16, 193ll. No·use was
.0.S no. Spec a .y C a' l made of this authority during the year 1t was 1n effect.
(lgovely Admm1Smm.On' It gwes broad power to the l While the Act continues, any code or action taken
reeldcm to establish Such a'g€nC1€S’ to accept and Q to comply with a code or agreement shall be exempt
utilize such voluntary and uncompensated services, to . from the provisions of the ,mti_u.uSt IaWS_
appoint without regard to the provisions of civil serv- y A trade O,. industry must furnish any information
lee laws Such efeeere and emP1eY ees and te uuhze Sueh required by the President in order to receive benefits
Federal officers and employees and such state and local i of the ACL
efheers end employees with the ehhseht of the $t3li€S l The labor requirements are contained in Section 7.
as he meY hhd heee$Se·YY ahd te PY€$€i'ih€ their e¤th¤1”i· i The famous Section 7 (a) gives assurance of the right
ties, duties and responsibilities and tenure and to fix   of collective bargaining.
their compensation. The President may delegate any   The collective bargaining provision is not a part of
of his functions and powers to the officers, agents and i the general law. The Act merely provides that every
employees appointed by him,   code of fair competition, agreement and license ap-
[8] 1 [ 9 l
J

 proved, prescribed or issued under Title I shall con- At me begmlllllg ef ·lelllleily’ lieimeleleileet   miie
tain the collective bargaining formula which is as egileeeedend ebeet leo Supp emen el
follows: "(l) That em lo ees shall have the ri ht to a · _ , . . · ·
organize and bargain cglleletively through repreeenta- The pllllelpel eolltlevelelee lll. celineimlermwlth Codes
tives of their own choosing, and shall be free from the have eellteleo elollllel the le Owmg ee ur `
interference, restraint, or coercion of employers of la- (1) Lebee Plovlelolle .
bor, or their agents, in the designation of such repre- (2) Ceeteel ef Plleee' .
sentatives or in self—organization or in other concerted i (3) Collllol ef PF°d“°“°“·
activities for the purpose of collective bargaining or (4) Trade Ple‘elleee°
other mutual aid or protection; (2) that no employee
and no one seeking employment shall be required as a , LABOR PROVISIONS
condition of employment to join any company union ‘ _
or to refrain from joining, organizing, or assisting a M0x’m“m Hours
labor organization of his own choosing; and (3) that The eninien ei Competent authorities, such as the
employers shall comply with the maximum hours of · I t·t t- · that the resent provisions
labor, minimum rates of pay, and other conditions of Bimeolgelgsielgsiiieu tlemmeiimum hgulss gf employment
employment, approved or prescribed by the President." Oheucid net be made more restrietiVe_ Any changes
Section 7( b) provides that the President shall afford gheuid be iu the eiiieetien oi a greater neXihi]ity_
opportunity to employers and employees to agree as to All eedee establish a maximum number gf hours
maximum hours of labor, minimum rates of pay and er week mi employees. These maximum weekly
other conditions of employment, and the standards genie range imm 27 to oo per Weels A iorty-hour
when established and approved by the President shall Week ie the meet commone
halllehlelie iiaonmiligiczflt allgreleiegliilll has been reached the For ole meet Pell the plevlsllms eg to -h0urS Spell, io
i ‘ ‘ uction. e ara e
Pleslllem ‘“lY.l“?’eSllglte eee alle' l‘°·m“gS P“"S°€“2"’ itliigioieieiiriliitigtidieliliiiitg tiiiisgeil tis empitiyeeg such
gfienmeleligelleli glegltgiildclelilgelixegg£El§el;lellElelg$I;lilee§il£ile;;` as maintenance, service, shipping, detliiverh and ceericai
- c es t e num er o
Peeeeeee Reeeeeee ie eeeiee eee eee ee 1  1e» E'§tEl§§ii.Z?‘}it“§·§§il2`i§‘§1t§t‘2tl‘£i§‘2i‘§,ilirit   tit mix-
1933, announced the appointment of General Hugh S. imum te expressed ae a percentage over the genera]
]ohnson as Administrator of Title I and the creation . um Mee eedee Specify that employees when
of a special Industrial Recovery Board under the chair- mexlmd .° e meryeue maintenance and repair Work,
manship of the Secretary of Commerce. Various other engeige lllbreekdeiwuyei. danger to lite or property,
advisory boards were set up in the following months. llevilivellgexem t imm the maximum hour limitations_
While many changes were made in the character of the gtgi ester eegee eneeiiy that eertain employees are
organization, it continued to be headed by a single Ad- entirei exempt item the maximum hour provisions
ministrator until October 15, 1934, when a new Na- y . · i d exeeutivee etting $35 or
tional Industrial Recovery Board composed of live These exempgoleliiteietieeuegeemen repaiie erews watch-
members took over General ]ohnson’s administrative mere liter Wee ’ l l
duties. Advisory duties were assumed by a new Indus- mea e c' r th eedee the maximum number oi hours
iiieghiggigis Cemeeeeee eemeeeee ef eee eeeeeeeeee· itip’2tiZ‘2Z2i°§ itltittiitt iimitititi tt it tigiiit iii
The iirst code of fair competition, which was that eefelmdiu Iliheleigximltim liggieg gifgylilcplerigdmof time.
lol the Cellell Texllle l“d“S“Y> Wee approved by the Widegvaeiations in the periods in which an average
Peeeideee ee July 9* lgeee el llllle more then three maximum number of hours may be worked exist in
Weeke ellel eeeeege ef the Aele Pellolllg the eomple‘ the codes. Further variations are established for cer-
tiee ef eedes fee i¤d¤etev senerellvi the Presidemls ¢ tain classes of employees. Sometimes provision is made
eeem¤1¤yme¤t agreement, POPUIMIY k¤9W¤ as U18 for extra hours to be worked to take care of peak
Blanket Cede· was made eeeetive- It gave an 0PP9Y· periods or seasonal demands on the industry. The
t¤¤itv me emP1eYem te Subscribe *9 an &SF€€m€¤t with , number of hours and the duration of the exemption
the President. The agreement included maximum ll are specified in each code. _
heme ef moore mimmum Wages end 3 PT9miS€ 1101 to Other provisions relating to hours specify that em-
increase prices beyond actual increases in cost. Such ployers who personally perform manual l&b91” OY en'
compulsion as existed in the agreement was applied gage in mechanical operations shall not exceed the
through the force of public opinion. Those who signed maximum hours established 1n the codes; In some
the agreement were entitled to display a Blue Eagle. codes a reclassiiieaition of employees to avoid the max-
The President’s reemployment agreement was effective imum hour provisions 1S prohibited. I.1m1tat1ons are
in the iirst instance until December 31, 1933, and Wes often made in regard to maximum daily hours, fnum-
Gxténded until April 30, 1934. It was in effect there- ber of wor