-268-

C0 P Y July 3., 1934


Legal Division

 '1ZMiGRAL-DtI;.


TO: Assistant Depxty A&dministrator Br.rr, Room 3016

.RC.i1: Curtin '.7insor, Assistant Counsel

SUBJECT: Proposed lAodificr.tion of Article IV, Section 2
 of the Code Lcdies ::.ndbb.g


 You h'l.ve me reconr.iend:'.tions manCe up someti,.ie mgo in which I
started the.t it was doubtful legally whether the President could impose
rn 'ciiencIment to en a,-r-)v-e-l code, and mae objections tD th'e proposed
amendment on thie -rounds of policy.

 You now .sk for my opinion -s to wlhet'-'er t'-e problem of semi-
skilled employee crn be tricken cnre of by >rvini the Administrtor lift
the st-y of Section 2, Article IV, provided for in the order approving.
the Code vni. by living the President si-;n rn order modifying the Ad-
mini strntor' s Order approving said Code thlt t'-e word "semi-skilled"
r.nd the wcrds "nm.de of rany mrterifls otier t'v.-n imita.tion le-ther" shal
be deleted from this Section.

 Article IX, Section 1 of the Code provides, in part rs follows:

 "This Colo .-id -ll t1e )rovisi:ons thereof -.re expressly
 made subject to the right of the President, in accord-
 rance with the revisionss of Sub-section (b) of Section 10
 of the N ational Industriel Reccvery Act, from time to time -
 to cancel or modify an order, rapprovc.l, ......issued under
 Title I of the said Act -nd specificr.lly, but without limi-
 tation, to the riLght of the President to cancel or modify
 his r.pprovrl of this Code or any conditions imposed by him
 upon his approval thereof".

 In my opinion, the elimination of the words above referred to ft
Article IV, Section 2 in the Order falls within Article IX, Section 1
the Code -nd Section 10(b) of the Act. Legally, therefore, your
proposed solution i's probably in order.

 My objections on beh-.lf of the Legal Division to the rc- )osed
ar-mendment on the grounds of policy apply with equal force, however, to
the new -roposal. Our leg.! rights ..re not so definitely established
that we should attempt to test them against the wishes of a. united
Industry unless our reasons for doing so a.re so strong as to viwarrant
such a test. I rm unable to see that they a.re th:-t strong in the pre-
sent instance.


 Curtin 77insor
9811