* Registry No. 1403— 1—04 A 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 FAIR TRADE PRACTICES 
 
 FOR THE 
 
 FUNERAL 
 VEHICLE AND AMBULANCE 
 
 SUBDIVISION OF THE 
 
 AUTOMOBILE MANUFACTURING INDUSTRY 
 
 SUPPLEMENT TO 
 
 CODE OF FAIR COMPETITION 
 FOR THAT INDUSTRY 
 
 AS APPROVED ON NOVEMBER 8, 1933 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 DO OUR PART 
 
 1. Executive Order 
 
 2. Letter of Transmittal 
 
 3. Text of Code 
 
 UNITED STATES 
 GOVERNMENT PRINTING OFFICE 
 WASHINGTON : 1933 
 'Former Registry No. 1405—02 
 
 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents 
 
This publication Is for sale by the Superintendent of Documents, Government 
 Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 
 nnd Domestic Commerce. 
 
 DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 
 
 Atlanta, Ga. : 504 Post Office Building. 
 Birmingham, Ala. : 257 Federal Building. 
 Boston, Mass. : 1801 Customhouse. 
 Buffalo, N.Y. : Chamber of Commerce Building. 
 Charleston, S.C. : Chamber of Commerce Building. 
 Chicago, 111. : Suite 1706, 201 North Wells Street. 
 Cleveland, Ohio: Chamber of Commerce. 
 Dallas, Tex. : Chamber of Commerce Building. 
 Detroit, Mich. : 2213 First National Bank Building. 
 Houston, Tex. : Chamber of Commerce Building. 
 Indianapolis, Ind. : Chamber of Commerce Building. 
 Jacksonville, Fia. : Chamber of Commerce Building. 
 Kansas City, Mo. : 1028 Baltimore Avenue. 
 Los Angeles, Calif.: 11G3 South Broadway. 
 Louisville, Ky. : 408 Federal Building. 
 Memphis, Tenn. : 229 Federal Building. 
 Minneapolis, Minn. : 213 Federal Building. 
 New Orleans, La. : Boom 225-A, Customhouse. 
 New York, N.Y. : 734 Customhouse. 
 Norfolk, Va. : 406 East Plume Street. 
 Philadelphia, Pa. : 933 Commercial Trust Building. 
 Pittsburgh, Pa. : Chamber of Commerce Building. 
 Portland, Oreg. : 215 New Post Office Building. 
 St. Louis, Mo. : 506 Olive Street. 
 San Francisco, Calif. : 310 Customhouse. 
 Seattle, Wash. : 809 Federal Building. 
 
 (ID 
 
EXECUTIVE ORDER 
 
 Supplement to Code of Fair Competition for the Automobile 
 Manufacturing Industry Covering Fair Trade Practices for 
 the Funeral Vehicle and Ambulance Subdivision 
 
 An application having been duly made, pursuant to and in full 
 compliance with the provisions of title I of the National Industrial 
 Recovery Act, approved June 16, 1933, for my approval of a Sup- 
 plement to the Code of Fair Competition for the Automobile Man- 
 ufacturing Industry covering Fair Trade Practices for the Funeral 
 Vehicle and Ambulance Subdivision, and hearings having been held 
 thereon and the Administrator having rendered his report contain- 
 ing an analysis of the Supplement, together with his recommenda- 
 tions and findings with respect thereto, and the Administrator hav- 
 ing found that the said Supplement complies in all respects with the 
 pertinent provisions of title I of said act and that the requirements 
 of clauses (1) and (2) of subsection (a) of section 3 of the said act 
 have been met: 
 
 NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
 United States, pursuant to the authority vested in me by title I of 
 the National Industrial Recovery Act, approved June 16, 1933, and 
 otherwise do adopt and approve the report, recommendations, and 
 findings of the Administrator and do order that the said supple- 
 ment be and it is hereby approved. 
 
 FRANKLIN D. ROOSEVELT. 
 
 The White House, 
 
 November 8, 1983. 
 
 Approval recommended : 
 Hugh S. Johnson, 
 
 Administrator. 
 
 (in) 
 
 19902° 188-181 33 
 
November 2, 1933. 
 The President, 
 
 The White House. 
 
 Sir: The proposed supplement to the Code of Fair Competition 
 of the Automobile Manufacturing Industry, covering fair trade 
 practices for the Funeral Vehicle and Ambulances Subdivision of 
 said Industry, was submitted by the Funeral Vehicle and Ambulance 
 Manufacturers Association, representing 70% of the members of the 
 Industry, and 85% of the Dollar Volume of the Industry. The hear- 
 ing was conducted in Washington on October 16, 1933, and all persons 
 requesting an appearance were publicly heard in accordance with the 
 statutory and regulatory requirements. 
 
 This Subdivision of the Automobile Industry from its peak in 
 1929 to the beginning of 1933, has experienced a drop in sales of 
 approximately 40%. The fair trade practices as set forth in the 
 Supplement, we believe are essential to the industrial recovery 
 of the Subdivision. The fair trade practices as contained in this 
 Supplement, we believe are necessary to the rehabilitation of the 
 Subdivision. 
 
 Article I. States the purposes of the Supplement. 
 
 Article II. Defines accurately specific references in the Subdivision 
 of the Supplement. 
 
 Article III. Establishes Subdivision authority for Funeral Vehicle 
 and Ambulance Subdivision to Automobile Manufacturing Industry. 
 
 Article IV. Determines method of cost and defines manner in 
 which information shall be obtained. 
 
 Article V. Sets forth fair trade practices of the Subdivision. 
 
 Article VI. Contains the Mandatory Subdivisions of the National 
 Recovery Act. 
 
 FINDINGS 
 
 The Administrator finds: A. This Supplement complies in all 
 respects with the pertinent phrases of Title I of the Act, including 
 without limitation Subsection (b) of Section 10 thereof; B. The 
 Funeral Vehicle and Ambulance Manufacturers Association is truly 
 representative of the Funeral Vehicle Manufacturing Subdivision 
 of the Automobile Manufacturing Industry, and the articles of 
 Association contain no inequitable restrictions on membership; C. 
 The Supplement is not designed to promote monopolies or elimi- 
 nate or oppress small enterprises, and will not operate to discriminate 
 against them and will tend to effectuate the policies of Title I of 
 the National Recovery Act. 
 
 It is recommended therefore, that this Supplement to the Code 
 of the Automobile Manufacturing Industry be approved. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 Administrator. 
 
 (IV) 
 
SUPPLEMENT TO CODE OF FAIR COMPETITION FOR THE 
 AUTOMOBILE MANUFACTURING INDUSTRY COVERING 
 FAIR TRADE PRACTICES FOR THE FUNERAL VEHICLE 
 AND AMBULANCE SUBDIVISION OF THE SAID INDUSTRY 
 
 Article I — Purpose 
 
 Pursuant to Article X of the Code of Fair Competition for the 
 Automobile Manufacturing Industry, duly approved by the Presi- 
 dent on August 26, 1933, the following provisions relating to fair 
 trade practices for the Funeral Vehicle and Ambulance Subdivision 
 of the Automobile Manufacturing Industry are submitted in behalf 
 of said subdivision, and upon approval by the President shall be 
 binding upon every member of said Subdivision. 
 
 Article II — Definitions 
 
 1. The term " Funeral Vehicles and Ambulances " and/or " Prod- 
 ucts " as used herein shall mean hearses, ambulances, combination 
 hearses and ambulances, funeral service cars and special vehicles 
 and/or bodies therefor. 
 
 2. The term " Hearse " shall mean a motor vehicle designed for 
 transportation of the dead. 
 
 3. The term "Ambulance " shall mean a motor vehicle designed 
 for the transportation of the sick or wounded. 
 
 4. The term " Service Car " shall mean a motor vehicle designed 
 for the transportation of materials and equipment used in the funeral 
 service and burial of the dead. 
 
 5. The term " Subdivision " as used herein shall mean the manu- 
 facturing and assembling within the United States of Funeral 
 Vehicles and Ambulances as hereinabove defined, and of component 
 and repair parts and accessories by manufacturers or assemblers of 
 Funeral Vehicles and Ambulances. 
 
 6. The term "Association " as used herein shall mean the Funeral 
 Vehicle and Ambulance Manufacturers Association, a Trade Associa- 
 tion having its office at Cincinnati, Ohio. 
 
 7. The term " Member of the Subdivision " as used herein shall 
 mean anyone engaged in the Subdivision as hereinabove defined, 
 either as an employer or on his own behalf. 
 
 8. The term " Code Member of the Subdivision " shall mean any 
 member of the Subdivision who signifies assent to the Code of Fair 
 Competition for the Automobile Manufacturing Industry as approved 
 by the President on August 26, 1933, and to this Supplement thereto. 
 
 9. The term " Effective Date " as used herein means the 10th day 
 after this Supplement shall have been approved by the President 
 of the United States. 
 
 (1) 
 
Article III — Code Authority Organization 
 
 Each Code Member of the Subdivision shall be entitled to partici- 
 pate in the Code activities of such committee as shall be designated 
 by the National Automobile Chamber of Commerce, pursuant to 
 paragraph (c) of Article VI of the Code of Fair Competition for 
 the Automobile Manufacturing Industry approved August 26, 1933, 
 to function as a " Subdivision Authority " under the supervision of 
 the Chamber. (Such committee shall be hereinafter referred to as 
 the Subdivision Authority.) Each Code Member of the Subdivision 
 shall contribute his equitable and proportionate share toward defray- 
 ing the expenses incurred in the administration of this Supplement. 
 Such equitable and proportionate share shall be determined by the 
 Subdivision Authority under the supervision of the Chamber and 
 subject to the approval of the Administrator. 
 
 Article IV — Powers and Duties 
 
 1. (a) Within 10 days after the effective date of this Supplement 
 all members of this Subdivision shall file with the Subdivision 
 Authority schedules of their net prices to " Jobbers ", " Distributors ", 
 and " Dealers." Each member of the Subdivision shall adhere to 
 his own quoted prices so filed. If any member desires to change 
 such prices, he shall first file a revised schedule of prices with the 
 " Subdivision Authority." 
 
 (b) Each member of the Subdivision shall file, together with his 
 schedule of prices, specifications, and a complete description of the 
 model covered by each price. 
 
 (<?) Each member of the Subdivision shall file with the Subdivision 
 Authority in addition to the foregoing schedules, complete price 
 lists for extra equipment which may be offered or sold over and above 
 specification equipment. 
 
 (d) No member of the " Subdivision " shall sell or offer for sale 
 any Funeral Vehicles or Ambulances at prices lower or on terms 
 more favorable than those included in his own schedules filed as 
 hereinabove provided. 
 
 (e) For the purpose of this Section 1, the following definitions 
 shall apply: 
 
 The term " Jobber " or " Distributor " shall mean : 
 
 (v) anyone engaged in the business of selling funeral vehicles 
 to the funeral trade, who has a place of business separate and 
 distinct from the establishment of any Funeral Director ; or 
 
 (z) anyone engaged in the business of selling ambulances. 
 
 The term " Dealer " shall mean anyone engaged in whole or in 
 part in the business of Motor A^ehicle Retailing who 
 
 (x) sells funeral vehicles to the funeral trade, and has a place 
 of business separate and distinct from the establishment of any 
 funeral director; or 
 
 (y) sells ambulances. 
 
 2. No member of the " Subdivision " shall sell funeral vehicles or 
 ambulances at a net realized price less than the cost of such product 
 to such member. Cost shall be computed on the basis of a uniform 
 
formula or uniform formulae of cost accounting prescribed by the 
 Subdivision Authority, and subject to approval of the Administrator. 
 
 Each " Member " of the "Subdivision " shall from time to time on 
 request of the " Subdivision Authority " submit his costs computed 
 on the basis of such formula or formula?. 
 
 3. In addition to the information required to be submitted to the 
 Code Authority as set forth in this Article there shall be furnished 
 to government agencies such statistical information as the Adminis- 
 trator may deem necessary for the purposes recited in Section 3 (a) 
 of the National Industrial Recovery Act. 
 
 Article V — Trade Practices 
 
 1. The following trade practices are hereby declared to be unfair 
 and no member of the Subdivision shall engage in any such practice. 
 
 (a) Selling Funeral Vehicles and Ambulances to any buyer at a 
 price or upon terms and conditions not available to all other buyers 
 of the same class. 
 
 (h) The secret payment or allowance of rebate, refunds, commis- 
 sions, credits, or unearned discounts, whether in the form of money 
 or otherwise. 
 
 (c) Maliciously inducing or attempting to induce the breach of an 
 existing oral or written contract between a competitor and his cus- 
 tomer or source of supply, or interfering with or obstructing the 
 performance of any such contractual duties or services. 
 
 (d) The offering or giving of prizes, commissions, or gifts in 
 connection with the sale of products as an inducement to promote 
 such sale. 
 
 (e) The selling or offering for sale of more than one article at 
 an aggregate price less than the total of the regularly established 
 unit prices of such member therefor. 
 
 (/) The giving or permitting to give or offer to give, directly or 
 indirectly, of money or anything of value to agents, employees, or 
 representatives of customers or prospective customers, or to agents, 
 employees, or representatives of competitors' customers or prospec- 
 tive customers, without the knowledge of their employers or princi- 
 pals, to induce such agents, employees, or representatives to influence 
 their employers or principals to purchase or contract to purchase 
 from the makers of such gift or offer, or to influence such employers 
 or principals to refrain from dealing or contracting to deal with 
 competitors. 
 
 (g) The false marking or pricing of any kind of products of the 
 " Subdivision " in order to mislead or deceive customers or prospec- 
 tive customers. 
 
 (h) The making or causing or knowingly permitting to be made 
 or published of any false or deceptive statement by way of advertise- 
 ment or otherwise, having the tendency to mislead or deceive 
 customers or prospective customers. 
 
 (?') Imitation of competitors' trade-marks. 
 
 (j) False disparagement of competitors or their products. 
 
 (k) The malicious inducing of employees away from competitors. 
 
 2. Nothing in this Supplement shall limit the effect of any adjudi- 
 cation by the Courts or holding by the Federal Trade Commission on 
 
«illfi 
 
 complaint, finding, and order that any practice or method is unfair, 
 provided that such adjudication or holding is not inconsistent with 
 any provision of this Supplement or with the National Recovery 
 Act. 
 
 Article VI — General 
 
 1. No provision of this Supplement shall be interpreted or applied 
 in such manner as to 
 
 (a) permit monopolies or monopolistic practices. 
 
 (b) eliminate or oppress small enterprises or discriminate against 
 small enterprises. 
 
 2. No inequitable restrictions upon membership in the Association 
 shall at any time be imposed. 
 
 3. This Supplement is hereby made expressly subject to the right 
 of the President pursuant to Section 10 (b) of the National Indus- 
 trial Recovery Act, from time to time to cancel or modify any order, 
 approval, license, rule, or regulation issued under Title I of the said 
 Act, and specifically but without limitation to the right of the Presi- 
 dent to cancel or modify his approval of this code or of any condi- 
 tions imposed upon him upon such approval. 
 
 4. By presenting this Supplement the members assenting hereto 
 do not thereby consent to any modification thereof, and they reserve 
 the right to object individually or jointly to any such modifications. 
 
 5. Such provisions of this Supplement as are not required to be 
 included therein by the National Industrial Recovery Act may, 
 upon the application of the Subdivision and with the approval of 
 the President, be modified or eliminated. 
 
 o