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 specifically, but without limitation, 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."

 "Article IV Section 6. The Administrator m.vy, upon re-
 commendation by the Code Authority and after full study
 rnd investigation by the Code Authority, and after such
 notice and hearing as he shall prescribe, establish, as
 a part of this Code, such basic rates for the more skilled
 classes of employees as may be necessary to further ef-
 fectuate the purposes of the Act."

 The examination of the record of the public hearing held in refer-
ence to the proposed amendment to the Code discloses the following:

 1. The Code Authority for the Industry was unable to agree
 upon a definition of "semi-skilled employee".

 2. A substantial majority of the Industry members object
 to the approval of the proposed amendment to Section 2.

 3. The amendment, while purporting to provide for a min-
 imum wage, will in reality under existing conditions
 in the Industry, provide for a maximum wage for a sub-
 stantial number of the employees, and, in effect, impose
 a wage scale.

 Section 7 (a) (3) of the Act provides as follows:

 "... that employers shall comply with the maximum hours of
 labor, minimum rates of pay, and other conditions of em-
 ployment, approved or prescribed by the President."

 Section 7 (c) authorizes the President to prescribe a limited Cod.
of Fair Competition "fixing such maximum hours of labor, minimum rates
of pay,****I".

 The above sections of the Act are cited as excluding, at least by
implication, the writing of wage scales in codes of fair competition
and, in my opinion, it is beyond the purview of the Act to prescribe t
maximum, as di-stinguished from the minimum, wages.

 The testimony taken at the public hearing shows that the great ma
ity of employees in this Industry at the present time are located outs
of the metropolitan area and that the average wage for such outside e
ployees is $18.00 per week. The testimony also indicates that under
sent conditions a weekly wage of $18.00 would tend to fix a maximum wa
for the majority. of employees actually engaged in the Industry.

 It is my opinion that. under the circumstances it is doubtful whet
the President could legally impose the above amendment over the object
of a majority of the members of the Industry.


9818 J
 HI.