The film daily year book of motion pictures (1934)

industry pledges itself to and shall adhere to the regulations promulgated by and within the industry to assure the attainment of such purpose. Article VIII — Miscellaneous Provisions Part 1. Any Exhibitor forwarding or delivering to another Exhibitor a print of a motion picture at the request or upon the order of the Distributor thereof, shall, but only for such purpose, be deemed to be the agent of such Distributor. Part 2. (a) Wherever in this Code arbitration of any matter is provided for, other than arbitration as provided in the Optional Standard License Agreement (1933) or as may be otherwise specifically provided for, such matter shall be submitted for determination to an Arbitration Board. Such Arbitration Board shall consist of four (4) members. Each of the groups concerned in such matter shall appoint two of such members. In any case where arbitration is to be used as provided in this Code, upon the written request of either group to the dispute or controversy the group making such request shall name therein two arbitrators, stating the business address and business or business connection of each, and shall designate therein the date, time, and place of the hearing of such controversy. The elate of such hearing shall not be earlier than seven (7) days from the date of the sending of such notice, unless it shall be claimed in such notice that irreparable injury will result unless there is a speedy determination of such controversy, in which case such hearing may be designated to be held earlier than the said seven-day period. (b) Within five (5) days from the mailing of such request for arbitration, or within twentyfour (24) hours if the date of such hearing shall be earlier than seven (7) days from the date of the sending of such notice, the group upon whom such request is made shall name two arbitrators in a written notice mailed or delivered to the other party, stating therein the business address and business or business connection of each arbitrator. If either group fails or refuses to name the arbitrators as herein provided, or if any arbitrator so named shall fail or refuse to act. or be unable to serve or shall be challenged, and others are or another arbitrator qualified and then available to act is not appointed, others or another arbitrator may be appointed by the other group as the case may be. (c) No member of an Arbitration Board shall hear or determine any controversy in which he has an interest, direct or indirect, and any member having such interest shall be disqualified to act. (d) If the arbitrators or a majority of them are unable to reach a decision, they or a majority of them shall immediately select an umpire who shall not be engaged in the motion picture business. In such case, the hearing before the umpire shall be at such time and place as the umpire shall designate and shall be had before the umpire alone, the arbitrators not to be permitted to attend the hearing before the umpire. If the arbitrators or a majority of them are unable to agree upon the selection of an umpire, the Administrator shall upon request make such selection. Part 3. Nothing in this Code shall be deemed to apply to the production, distribution, or exhibition of motion pictures on film of recognized substandard widths, or to slide films, or to nontheatrical motion pictures designed primarily for educational, scientific, industrial, commercial, advertising, selling, or other non-theatrical purpose, or to television of motion pictures, provided that the commercial production, distribution, or exhibition of such films shall be subject to investigation by the Code Authority to determine whether such production, distribution, or exhibition of such films is unfair competition to an established motion-picture theater or theaters. If found to be unfair competition, the Code Authority shall promulgate rules and regulations governing such unfair competition. Part 4. The provisions of this Code shall be separable. Article IX — Mandatory and Amending Provisions Part 1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provision of Clause 10 (b) of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation, issued until Title I of said Act and specifically to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. Part 2. Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act, upon the application of the Code Authority approved by the Administrator and with the approval of the President, may be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or additional codes will be submitted for the approval of the President to prevent unfair competition and other unfair and destructive practices and to effectuate the other purpose; and policies of Title I of the National Industrial Recovery Act consistent with the provisions hereof. CODE OF FAIR COMPETITION FOR THE MOTION PICTURE LABORATORY INDUSTRY AS APPROVED SEPTEMBER 7, 1933 BY J PRESIDENT FRANKLIN D. ROOSEVELT EXECUTIVE ORDER At» 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 Code of Fair Competition for the Motion Picture Laboratory Industry, and a hearing having been held thereon and the Administrator having rendered his report containing an analysis of the said Code of Fair Competition together with his recommendations and findings with respect thereto, and the Administrator having found that the said Code of Fair Competition 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 614