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Tuesday, January 9, 1934 OUTDOORS VARIETY 55 iCoie of fair vomp^tWon for the circiia indvAiry, mhmiited for National itecoverv Administration hearing bv thle Circus Committee, Outdoor Show Inan's Association of America atwl Motorized Circui Owners' and Agents' AS' Motaiion, claiming to represent 100% of the raUrodd.division and iQ% of tine Notorized division of the indttstrp,) Article I To effectuate the iwllcy. of Title I ot the . National Induatrtal Recovery Act, tbe fol- lawTne provisions are submitted as a Codie of Fair Competition for the Circus Industry, ■endupon approval.1>y the President shall he the: standarid of fair co)npetitlon for^ucb jnduatry ctnd shall be bindiner on every, member thereof, Ailidie n^Defiidtions i 'The term "circus;-, as Used herein; .includes that type of ehtertainitient of a tra'vsllD? show (whether:exhibltinsr Indoors or outdoors), commonly exhibited under canvas, presenting its chief features of entertainment in rings; upon stages, hlppo- 4ronie trftcli. and aerial rigging. \ ' The circus program, of entertainment Is traditional In character; and features clowns^ trained 'tier^orminlB domestic and wild animals,''feats', of' horsemanship In' rings and biPiMdrome' track,, feats of skill and endurance by artists and performers; and with the customary after-show known as .''concert'' or ••wlld-weBt'' performaTioer with pre- Untlous, spar.gled grandrentry parade, pageant, or spectticle. The circus, -as an'institution, 'is ;established with, traditional form of-entertainlrnent, and Is herein distinguished from the theatre, carnival, or fair; and common to the circus, jind absent in'whole or in part from the theatre,- carnival, or fair-are the following •horactefisttcs that stamp the circus a definite .time-hbnored forin of entertainment: . (a) The circus clcwii, in numbers, with varied appeai'sinceS aroiind the hippodrome tirack-^in creations and antics, of fun peculiar to the clown. (b) The encircling hippodrome track on which is. featured varied■ feats of action!on « large scafe. such as riding. Jumping, feats cif horsemanship and. hippodrome races. :.(c) Large ourbel rings, elevated stages, aerial rigging, lighting effects, encircling iedtlng arraiigements, tent poles, and- canvas..'. (4) Feats of daring; sjtill, and endurance, simultaneously presented on a l^rge scale. (e) A menagerie or • zo'oloprl'oal. department-, (housed • adjacent to the main performance; tent); featuring caged and lead wild animals, strange beasts, birds, and reptiles. (f) A "wild-west Show" consisting of broncho-rldlng, larlatrthrowlng. rope-splnnlng, tru'cR-rlding, sharj^-shboting, bull-whip cracking, :and. such other sports as are usually presented at. round-ups sind rodeos In the West. 2i The term '^member of the Industry" as used 4>6reln, Includes, but without. Ilmita- • -■ - • ... ... 'other fmrti o f enteriJiife ' e .•^ 6 0 ; "any i n dlViduiil, t fu r tiiMr shl p; • aa s oclullu i i. conionitrun, or 'utl i er foirti o ehfraj^ed In the Industry; either as on. employer or .oh his or .lts own behajf. ■ 8; The term "employee" aa used hereih. Includes any s.nd all persons engaged In the Circus Industry, however-cofnpensated, except.a member of the Iridust.ry;.'• 4. The term '^Act" and "Administrator"; es used herein mean, reapecllveiy.-Title I of the National Industrial Recovery Act and the Administrator for Industrial Recovery. 5. The ter "season" as used herein includes that operating period from the begln- .nlhg to^the close'of .'th..circus, road season. Article in^—^Eonrs , . :fo employee shall .bie permitted to work In excess of forty-eight. MS), hours In Any one -week,^ except lA 'case of emergency;-.in which event this clause shall not apply. ■• 2. - The circus of necessity' and for reasons of discipline, for-the. general--and' social welfare and as a safeguard of the interests of employer and. employee, promulgates ■ rules of conduct fOr faithful observance-«f all identified. In the circus .service. One i such rule requires that off-duty labor remain on the circus premises; . maintain and I-observe a rule.-of-personal conduct In' harmony with circus custom and he. available ! on' call; of the rmanagerneht for'extraordinary' emergency service. SJxactlng- discipline ' and effective, co-operation froni every, unit' of labor .participating .in :olrcus ntibvement Is-necessary. .' '- .-' -'; ■ - The provision's of this article-shall not apply-to-persons employed In-a managerial or executive capacity, who eUrn nOt less than Thirty-five ($35.00) Dollars per week, por to advance nie.n.' Article jy-r-Wages . l. No employee of • Railroad'circuses or. Wild West Shows shall be paid-less than .at the following weekly rates:' Departments Can-Vias men ..-......' rroperty men ...;...' liight ' department ......... Wardrobe department . ,. Shops ; Train loading .; Door .men and ushers.,...;. JPorters. .. '.■ r. Trucks and tractors Horses! and baggage .... .... Menagerie. Cookhouse . ............ Candy stands and lunch caxS .Blde-shbw labor... -. lo-vving weekly rater Canvas men,................. .Property men, Light dep(]irtment.,..,; Wardrobe .'department........ Cookhouse department. Horses (grooms) Menagerie Side Show.......... 'Ushers and door men........ Mechanics 'and. shop......;.-.. .- 3. 'NO employee'shall receive a less sum In ca.sh-phis board, housing, and transporta- tion allowances than therein stated. There .Shall be no deduction In Cash wages or the. compen^'tlon scale during the operating "season." .4. In tlje payment of wages to .labor the Circus reserves the right to continue .in practice the '-'Hold-bnck" or "Brinus" system-as the Operation of the business requires;- Article '. V^-6eneral Labor Provisions 1,. No person under 18 years. Of age shall knowingly be employed as common liabor to) a circus. 2.. In conlpll&nce with Section 7 (a) of the Act it is provided: (a) That employees shall have the rig-ht to organize and bargain collectively through, npr'esentatives of their Own choosing, aiid shall be free from the interference,, restraint, .«r coercion-of employers-of' lat>'or or their agents Irt the designation of sUch repre- tentatlves, or in self-organ Izatlon or In other concerted activities for the purpOse. of -collective-bargaining or other mutual aid or protection. (b) - That no employee -and no one seeking employment shall be required as a'con- dltlnn of employment to Join any company .union or to refrain from Joining,; organizing, or assisting- a liabor organization of his- own choosing, and (c) That employers shall comply- with -the maximum hours of labor, minimum' rates ef pay, and other, conditions of employment approved or prescribed by-the President. 8.. 'No employer shall reclassify employees or duties of'occupations . performed -or I ensnge. Jh any other subterfuge for the pUrpose Of defeating., the purposes or provisions of. the Act or of thjs Code; ' - 4. Every employer shall make reasonable provision for the safety and health.of. ..his, employees at the place and during the ho.urs Of their erhployment. ^ . 5. No-provision In this Code shall supersede any State-or Federal'law which imposes en employers more, stririgent requirements as to age. of employees,'wages; hours of. ■work, or . is to safety, health, ■ Sanitary or general' working conditions,' or insurance, 1. or Are protection,' than are-imposed-by this Code.-- I 6. . A,I1; employers; shall ipost .complete .copies of this Code in conspicuous 'Accessible' to empliyecs.- . .-: ■; j Article Vli-rAdmiiiistratioii . Ir There siinll forthwith be constituted a Code Authority cohslstthg of .six memberB of tj)e Industry to be selected by the Motorized an4 Railroad Branches of the Industry 1 by; a fair method to; be -approved by-'the Administrator.-• In" addition" to ' imembershlp Las. above provided, there may be three'members without .vote to be appointed, by the Administrator.' 2. In ord,er that the Code Authority shall at all times be. truly. represent.itlve of the Industry ana In-other respects comply with the provision's- of the Act, the - Admlnls-- tratOr may prescribe'such hearings as he may deem proper; 'and. thereafter If ho shall nna that the Code Authority-.is not truly irepreaentatlve O'r'does not in other respects Comply ..with the .provisions or the Act, • may require an appropriate modification In the tteinod of selection of the Code Authority. 8, Members of the Industry shall be entitled to piairtlclpate ln:and shiare the benefits the activities of the Code Authority and to. participate In the selection of the D>embers thereof by assenting .to and complying with the requirements of this Code and sustaining their reasonable share of the expenses of Its administration. Such V**f°hBble share of the. expenses of administration shall be determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business ""•"'or^^uch other factors, aft may be deemed equitable.. The Code Authority shall have the following further powers and duties, the ;p*/f'se of which shiall be reported to the Administrator and shall be subject to his S," '■eview. to disapprove or modify any action taken by the Code Authority: _,}„' To insure the execution Of the provisions of this Code and provide for the com- '";?"ce_of th*- .I.idustry with the provisions of the Act. ib» .1 ** a<iopt by-laws and rules and regulations for Its procedure and for the admln- rS enforcement of the Code, tc)^ To obtain from meinbiers of the Industry such information and reports as are *,? for the .administration of the Code and to provide for submission by members =^"ff;?"oh=^nformfftiro=iCBa=f5Poffa=W" ;,rj[lV>8es recited in fiectlon 3 (a) of the Act, which Information and reports shall be A J""'tted by- members to such administrative and/or government agencies as the 2,"!"!J"etrator may designate; provided, that nothing in this. Code shall relieve any ni»«» Industry of any existing obligations to fUrnlsh reports to any govern- t"*," aiyency. No Individual reports shall be. disclosed to any other member Of the 'naustry or any other party except to'such governmental agencies as may be directed Administrator.. '"' . To use such trade a.isoclntlons ami other agencies fi,^ It deems proper for the ij'^yinff out of any of its activities provided for herein, provided that nothing herein »hn» relieve the Code Authority of• its duties or responslbllltlies under this Code and ,,V/ll 6.H.*^h trade associations and iagencles shall at all times be subject to and comply 7J? provisions hereof. • ^ , fo make recommendations to the Administrator for the co-ordination of the,ad- Selling vs* NRA (Continued trom page 5) than so far exhibited to come nny- wh.ere near the February date* As for the grievance boards* it is pointed out that if they get under way during March they will then have dockets ^ bearing the com- plaints of the past three months. In the old arbitration days in New York that would, mean around 1.500 'squawks, ior that local board alone. But the optimism here is. that con- tra,ct .battles will be out <»f the grjievance boairds' hands and up to. private. arbitration .as described :iii the. NRA tnainual. The tim^ it is taking the code authority to swing* into action is signalized hy the business only now receiving, certificates of compliance to the code, which all employers within the Industry are supposed to sign, 45 days thlia Thursday (11) after the President islgned the code. And the code authority has had, to ask the NRA. for .a ,20-day exten- sion on the: original deadline Jan 30. This means that the "employers have little mbre than a week, rather than, the a,ilotted month, to decide whether or not they will sigh.. Many film men .maintain that It -was-^^ujrt^rtlie-code-authtirltyrTst^^ ■thari the Government, to have- got ten, these blanks into the .niall a month earlier. The present situ ation also leaTca thos^ Who sigh the Idompllarice limited to. Jan. 20 on the right to nominate Tiieh in their ter- ritories for positions on the zoning and grievance boards. Not more than 350 committee men are to be named, and some 20,000 certificates ha.ve been Dialled. The general feel- ing is that one . way or another the. codfe authority will make the ap- pointments. Matter of Alternates Amongst eV€ryiliing else there arie those who 'yl|^w with alarm* the tendency of chief codlsts to. name lawyers ais their alternates for code authority board meetings. This Is bec9.use the Government : steered cleair .of attorneys in appointing the code, authority .membeirs, while spokesmen in all branches of the business have blamed the barristers for much of' the confusion within picture circles the past two years. Those bewailing the alternate Idea emphasize that when a prln clpal cbdlst js confronted by a knotty pf-oblem at a meeting he can stall It until the next gathering and then have the alternate, with his inevitable briefcase, take up the cudgel. This lialppened during the early arguments on th'P.code In Au- girst and also during the 5- -5 era. Fox, Metro, Warners and Park- mount are the flrst to record lawyer alternates, while Universal has reached for another company, Co- lumbia,, as ltd off-day repfesenta-: tlve at authority sessions. After witnessing, this action such Inde'- pendents las Charlie O'Reilly. W. Ray Johnston and Nathan Yamlns withheld. Judgment as to who will sit for theni when they are absent. Having engaged space at the Bar Association, the code authority has decided to wind up last week's chat in Harry Warner's iNew York offlce tomorrow night (Wednesday). The desire is \o untable some of the many problems On rules and regu- lations. Meantime, and despite u'nofflcial promlises, the first two ses.sions have been star chaniber (closed) and the names of the codists as they voted on the comparatively few general matters to date have not been revealed. PiC RINQERS NOW Col Borrows University Stars to Drop U Hollywood. Jan. . The basketball team of Universal Studios, which has been sailing through local opposition with great success, hit a squall when It tackled the quintet representing Columbia Studios. Universal ended up oh the short end Of a 61 to 31 score. FoiloWirig the game, fans of the big U team set, up a howl over the lineup of Co- lumbia; Oh it were four former stars of the U, C. L. . university team, Lithlcuhi, Lubln, Brlnley and Brotemarkle, who Mln rings around the Universal players. SAVANNAH LETS Savannah, At last Savannah's ^eart has OUTDOOR CODE JAN. 17 . Chicago, Jan; . All picture nien In. this territory ar€> anxiously awaiting the selection oic. the local grievance board under the NRA code setup. Approxi-^ mately 35 squawks already are on the docket. Howls are; nearly .all softened towardthe man with a circus on his hands.. For- years Savannah's .municipal gov^^rnment has prided itself iph the fact that it liad such a high circus tax that this class of show couldt riot cotrie to the city and make any^ mOney. The circus tax was: $1,0.00 a day with .i corfespondlng tax. for . a. street parade. It was well known to all amusement purveyoirs that Savannah was the one city In. the country where circuses were not welcome. iBut now there seems to. .have been change, of sentiment .and of policy; It Is offlclally announced that the price of a circus.license for the year 1933 will be. but IBOO a day. This permits the giving, of both a.n. after- noon and a night performance. There was also .Sk ptovisipri in the. old ordinaricie, that the sariitary board, which looks aftet. the health of the city, must give a circus ian 'ok' before it could get a license at any price. Under the new tax ordinance this provision is ahhulled. ' There Is a provision In the 'new ordinance that.ia circus that shows otJtside t|ie city and gives a street parade in the city shall pay, a llcerise of a. $500. "This provision was placed In the new; tax ordinance because circuses have been coming here and showing at suburbiari points and ~ parading through the city streets. The tax on dogr arid pony shows has been cut from $500 a day to $100 a dayl t A prohibitive tax of $1,000 as a license for concert halls,, or variety shows and dance houses has be€!n eliminated from thie: new tax. act. Vaudeville and picture houses have had their license cut from $500 a year to $200. Code .hearings for the outdoor Iri- diistry will commence at 10 jn»: Jan. - li the Ambassador, hotel, Washington. DlviiSlori Adriiinistra- tcir Soi A.' Rosenblatt Will . preside,, as he did over code hearings fof the rest of the amuiseirient 'buslriess." ' Proposed code npW; in Rosifen^ biatt's hands,, and ."eprinted- On this page,\Was submitted by the .Circus ; Comniittee, Outdoor' Stiownian's As- spolation of Ariaerlea arid the Moto-' rized Circus Owners' & Agents' As- sociation. . Salient points- are the. maximum week, of 48 hours, except iri cases ot emergency j arid a'mlriimurii wage during the . exhibition; seasbn of $l0 a week; .mirius $4.50. for riieals, trarisportation and isleeplng quar- ters- if furnisliwt.il^— '; . -. . , .. '■: from exhibs against exhibs. No dis- trlbutbr coriiiplalnts arid few exhib yowls against dlstrlbs. Cases ready for the grieyaiice board are squawks about compet- ing exhibitors double-featuring,, dime admissions, two-for-ones and bargain books which sell 10 tickets for $1. One howl concerns, the radio broadcasting of exhibitors against fellow exhibitors. This point is being made by Publlx-Great States in Illinois against the indie; circuit operator, ; E. Alger; Great States wants to tell the grievance board that Alger is going ori the .air sev- eral times a week and ispreading propaganda against its . houses by telling the public that Great tiates is forcing him to raise his chUdren's price, from 5 .cents to a dime..- ministration of this. Code, with such, other'codes. If any, as may be..related to the Industry. , ' (f) To secure from members-of the .Industry an equitable, and proportionate payment of the reasonable expenses of .malntJilnlng the Co<le Authority and Its activities; (g) To cooperate with the Administrator In regulating the use of any NRA insignia solely by those members of the Industry who. have assented to, and are complying with, this Code. . '.. 5.^ There may be-constituted a Grievance Committee consisting of three members of the Industry to be appbinied aa follo*rs: One member, to be appointed by the plaintiff: one. member to be: appointed by the defendant, and one to be a heutral party appointed by the t>yo members previously iappblnted. In the event that the Grievance Committee member -shall not'.-be appointed by either the Plaintiff or the Defendant within a reasonable . time. It shall be the duty of the Code Authority to forthwith appoint the Grievance Committee. The ex- penses Of the Committee meeting .shall be paid as. directed by the Committee. Article VII-r^ModificatiQn 1, This Code and aiV the provlHlons thereof ate expresali^'made subjeft to the right of the' President, In accordance with-the provisions of subsection (b) of Hecllon 10 .-of the Act, from time to time to cancel or mOdIfy any other, approval, lIccnHC, rule, - or regulation Issued u-nder sSld Act. 2. This Code^ except as to provisions required by the Act. may be modified on the 'ba8lH-^CFf^xpeniBi''ce=or~chahges-=--ln=x}ircun)stances?=BU<»h=modlfl<»ailons='t«j*-b application to the Administrator and such notice and hearing as he shall sppclfy. and to .beconje effective on approval of the. President. * ' Article Vnir—Monopolies 1, No provision of this Code shall be so applied an to'permit monopolies Or mo- nopolistic practices, or to eliminate, oppress, or dlscrlrninate agiiln.Mt small enterprises. Article IX—Effective Date 1. This Code, after Its approval by the President,. Bholl beromp effef-ilvc and (n force upoh'earh member ten (10) days prior to the cdmriionffiufnt of the-.(-i'r<.-u.s oiiphiting RcriKon, and rcn~aln in effect during the operating period, or .season of ea'-h- mcjnber clrfu.t. Wood's Fair Sequel Can't U$e HonrOiiion Fife-and-Dmin Corps > Jan. iMusiciaris Union through. Its president, Jameis Petrlllo, has made an agreeriient. with all Chicago hotels arid cafes that no non-union barid of any kind, big or small, will be perriilttied in any hotel or private dining rooni unless they are iriiem- b'ors of the Ariierican Federation of Musicians, and that e'Ven so they riiust first secure permission froni the local here. This ta.kes in every- thing tr.om public to private ban« quets and social gatherings. Which means that during the coming Bumriier Fair season, which will bring various conventions and thfeir own drum and fife corps, thd conventions will either have to have men; who belong to the Mrislciaris* Union or hire as many standby men. WIRE ABTIST KILLED Philadelphia, Jan. Theodore Simon, 26ryear-old aerlallsti died Wednesday in the Philadelphia General Hospital of in- jur^oa recel'ved Monday night when he plunged from a lilgh tight wire during the performance of Buqk Taylor's Circus and Rodeo at the l"03d Cavalry Armory, James Geisler, 24 years old, friend a'nd co-worker ■with Simon since boyhood days in Germany, fainted and fell from the wire wheri he sa,w his comrade plunge to the ground. He suffered a broken leg and Inter- nal injuries, though his condition Is reported as good at the hospital. With Oswald Leneh and Fritz Huber, Geasler and Simon fdrmed the act kriown as the Four Ameri- can Eagles. Performances iiave been held for two weeks for the benefit of the Associated Hospitals arid Prison Welfare Association. • PAID IN 1933 Minrieapolis, Jan. 8. Commenting editorially • on the: fact that the Minriesota state fair was able to report a .profit In 1933, iristead of k deceit, for the first time - in five, years, the Tribune here pays a high compliment 'to the- mariage- rnerit. Despite .a reduction in the., admission, from .50 to . 25c, the. net. profit was $25,232. In 1932 alone the deficit reached $78,000; LETTERS . When Bendlnc for Mall to VAUIETT Address Moil Clerk. ADVEBTISInC dr CIRCULAR rBTTRRH XSlUL NOT BE ADVERTISED LETTERS AbVERTISEb IN ON£ ISSUE QNLY Arhis Val riarno. I.iyn Hersch George Campeau T^retta Charleston Milton ■Clark_Bobby_i:_ Deane. Phyllis Bills Marl Gulce Walter .Gulnan Rae. Ilandman. .J",'ou Hcldcr. Kred Janis Kahne-JJa.er y,-- Levy Mhyer N'cnIU mk Illair Chester lirlce Monte HOLLYWOCD OFFICE Ford A f: Oillott," Huih' J/ir-ksfin- Warren J'>y JI minis