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 EX:-I BIT L

 MEMORANTDUi.1

 August 21, 1934


TO: J. G. Latimer, Division Legil Adviser, Division Three

FROLJI: George L. Berry, Division Administrator, Division Three

SUBJECT: In the matter of Approval of certain Amendments, pending
 to the Ladies' Handbag Code.


 The code for this industry was recently transferred from the
Fifth Division to my Division, in which it is now assigned to Deputy
Berry in the Leather Section. At the time this transfer was made there
were pending for the Administrator's Ppproval certPin amendments and
modifications of stays under this code. Hearings having been held on
the questions, the files were prepared and the Assistant Deputy formerly
in charge of the code, David Barr, had prepared his recommendation
recommending the stay order contained in the original order approving
the code be vacated, and further recommending thet the pending amendment!
be approved.

 Since this code has been in Deputy Jerry's hnnds he has recom-
mended that these pending matters be not approved and that they be dis-
approved instead. However, subsequent to his recommendation to me in
this matter, herewith attached dated August 20, the Labor Advisory Board
has been pressing me recommending these matters ior the Administrator's
approval.
 You will note from Deputy Berry's memorandum that there is a
very serious problem involved of whether or not the approval would amo
to the imposition of a provision of a code under Section 3 (d) of the
Act or whether they can be properly approved under Section 3 (a) of the
Act. Lill you kindly advise me of your opinion in the matter?
 There is attached hereto the record in the case .nd tentative
orders, as well as the report of the Review Officer. Ir. Windsor, the
code legal adviser in this case prior to the time of transfer, has
rendered an opinion which you will find in the files approving the pro-
posed actions, but I am quite sure that if you will confer with him he
will give you information which will be valuable to you in connection
with this case.
 Since considerable controversy has developed as to the legality
of such approval and whether or not it would amount to an imposition of
a provision of a cnde, I am requesting your opinion in the matter.
 In case you may desire further information, Assistpnt Devuty M1
who handles this code will, I am sure, be glad to consult with you at i
your request.
 George L. Berry
L E ORE/ah Division Administrator

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