shall be dismissed or handled under the new rules by stipulation. The statements of all witnesses interviewed by the commission's investigating examiners and all the documentary evidence and exhibits secured are carefully analyzed by the board to determine the merits of each case. If necessary the board may require that further evidence be procured by the chief examiner's staff. Before recommending issuance of a complaint in any case it is the duty of the board of review to accord to the respondent or respondents in the case the privilege of appearing before the board at an informal hearing for the purpose of submitting any facts or considerations pertinent to the issues with a view to avoiding issuance of such a complaint. Before such hearings are held the board causes a formal notice of the time and place of the hearing to be served upon the respondent with a brief statement of the nature of the charges against him. At such hearing the respondent may appear in person or by counsel and may submit any statement in writing or documentary evidence for the consideration of the board, and all such data are carefully considered by the members of the board before determining the final recommendation to be made in the case. In a proper case if the respondent appears before the board and offers to discontinue the practices complained of the board is authorized to enter into a stipulation to that effect on behalf of the commission. The records in these cases when finally completed frequently consist of several hundred pages; many novel and difficult questions of law are required to be examined and passed upon by the board to determine whether a given practice constitutes unfair methods of competition under the statute and the decision of the Federal court or, in the absence of precedents, under general principles of law. In cases falling under the Clayton Act the questions as to whether a practice may substantially lessen competition or tend to create a monopoly must be considered, and in all cases the jurisdictional question as to the existence or nonexistence of interstate commerce must be determined. After consideration and discussion the board prepares its report to the commission, which consists of (1) a detailed summary of all the facts in the case, (2) a full opinion based upon the facts and the law, (3) the board's recommendation to the commission as to the action to be taken in each particular case. In practically all cases this recommendation of the board is followed by the commission. TRADE-PRACTICE SUBMITTALS From time to time the commission is approached by groups of business men representing an entire industry and seeking assistance in the elimination from their industry of practices found to be unfair and harmful but which the industry is unable by itself to eliminate. Upon request of a substantial portion of a given industry, or upon its own initiative in appropriate instances, the commission has lent its assistance in these situations and has called the industry together in gatherings which have been termed "tradepractice submittals." Submittals have been held in the following industries: Ink, celluloid, mending cotton, knit goods, paper, oil, used typewriters, creamery, hosiery guaranty against decline, macaroni, silverware, gold knives, watchcases, subscription-book publishers and music publishers, band instruments, antihog cholera serum and virus, and the use of the terms "engraved" and "embossed." A pamphlet on submittals is being prepared. At these submittals the objectionable practices are frankly discussed and resolutions usually adopted by the industry looking to their elimination. These resolutions are considered by an industry as binding upon it and are received by the commission as informative as to conditions in the particular industry and the views of the trade thereon in the event the commission is called upon to proceed to complaint upon any practice condemned by an industry. During the year five trade-practice submittals were held. Two were in connection with the use of the words "Embossed" and "Engraved " in the so-called raised-printing industry, one of which was held on June 19, 1925, in Washington before the commission, and the other on October 28, 1924, in New York City before Commissioner Charles W. Hunt. The third was held at the instance of the manufacturers of band instruments, before Commissioner Vernon W. Van Fleet at Chicago, Ill., on July 15, 1924. The fourth was held on March 18, 1925, before Commissioner Hunt in the interest of the settlement of disputed trade practices among the producers of antihog-cholera serum and virus. The fifth was at the request of manufacturers of mending cotton, and was held in New York City on June 23 and September 25, 1925, and was conducted by Commissioner Huston Thompson. Following are statements given out by the commission in connection with the above five trade-practice submittals and the dissent of 66053-25- -6 67 Commissioners Thompson and Nugent in the anti-hog-cholera serum and virus submittal, as well as the answers thereto of Commissioners Van Fleet, Hunt, and Humphries. ENGRAVED-EFFECTS PRINTING OCTOBER 28, 1924. At the request of the engraved-effect group of the New York Employing Printers' Association, a trade-practice submittal was held by the industry before Federal Trade Commissioner Charles W. Hunt, representing the commission, for the purpose of considering the use of the terms "engraved effects" and "embossed effects " as applied to a form of raised printing. The submittal was held at the New York office of the commission, 105 West Fortieth Street, October 28, 1924. According to the best information available, there are approximately 165 concerns in the United States making a specialty of this class of work, and who were invited to the meeting. The form of printing referred to is done on a regular printing press with a slow-drying ink and sprinkled with a rosin or shellac base powder. The work is then subjected to a heating process, which fuses the powder and the ink and hardens when cool. This produces a raised surface which may be either a bright or dull finish. Several terms have been suggested for this type of work, among them being " engravotype," "embossotype," "thermotype," "embossograph," "cameograph," and "raised" or "relief printing." There was some objection to most of these terms. Particular objection was made to the use of the term "raised" or "relief printing" on the ground that these terms are applied to a different process and a product which the industry believes very inferior to the class of work being considered. The discussion therefore was devoted chiefly to the use of the terms "engraved effects" or "embossed effects." Thirty-four concerns, engaged primarily in this type of work, were represented either in person or by proxy at the meeting. These were as follows: Non-Plate Engraving Co. (Inc.), New York City. Wallace Brown, New York City. Plateless Engraving Co., Inc., New York City. Embossograph Co., New York City. The Embossotype Co., Pittsburgh, Pa. D. K. Murdock Co. (Inc.), Pittsburgh, Pa. Landeck Press (Inc.), Pittsburgh, Pa. J. T. Lyman Co., Pittsburgh, Pa. Charles A. Deitz, Philadelphia, Pa. Plateless Engraving Co., Providence, R. I. Albrecht Printing, Scranton, Pa. D. O. Koss Co., Detroit, Mich. United Printing Service, West New York, N. J. Charles W. Taylor, Gloversville, N. Y. Mosbruius Printing Co., Milwaukee, Wis. H. J. Palmer, Chicago, Ill. Stevens Printing Co., Milwaukee, Wis. The following resolution was unanimously adopted: Resolved, That the term engraved or embossed effects" be the name for the industry producing such effects without the use of copper plates or steel dies. The request for the submittal was granted by the commission with the understanding that representatives of the copper-plate and steeldie branches of the industry be permitted to attend and take part in the meeting. Twelve representatives of this branch of the industry were present and upon the submission of the resolution set forth above, favoring the use of the term "engraved or embossed effects," presented the following resolution: 66 The steel and copper plate engraving industry, as represented in this meeting, is opposed to the use of the titles "engraved effects" and "embossed effects," or any similar title which incorporates any form of the words “engraved" or "embossed" to describe raised printing, believing that the use of such terms have a tendency and capacity to deceive the public. We offer no objection to the two suggestions made by Mr. Wallace Brown that the title for the product in question be either “ thermograph" or cameograph." The commission, as a result of this submittal, desires to announce to the trade and the public that it disapproves the use of the terms "engraved effects" or "embossed effects" as applied to the type of work discussed and that it can not approve the use of the words "engraved" or "embossed " in any form as applied to a product not made from copper plates or steel dies. USE OF TERMS "ENGRAVED " AND "EMBOSSED " JUNE 19, 1925. On January 18, 1925, the Federal Trade Commission announced as a result of the trade-practice submittal held with the so-called raised-printing industry, that it disapproved the use of the terms "engraved effects" or "embossed effects" as applied to the type of work under discussion, and that it could not approve the use of the words "engraved" or "embossed" in any form as applied to a product not made from copper plates or steel dies. Later, in the considering of certain applications for complaints before the commission involving the use of the word "embossed," there arose some question as to whether the term might not be applied to certain forms of raised printing. As a result, the commission, on June 19, 1925, held an informal conference with representatives of the so-called raised-printing industry, the steel and copper plate engraving industry, and the Bureau of Engraving and Printing for the purpose of securing additional information on this point. The following were present at the hearing: Mr. Richard O. H. Hill, of the Non-Plate Engraving Co., New York, representing about 43 other firms by proxy. Mr. Louis Hill, with the Hill Agency, formerly director of the Bureau of Engraving and Printing. Mr. George S. Franklin (of the firm of Karl T. Frederick. New York).. Mr. Theodore A. Isert, representing the steel and copper plate engraving industry. Mr. John J. Teviny, assitant director, Bureau of Engraving and Printing. Mr. Henry I. Wilson, from the Bureau of Engraving and Printing. Mr. William John Eynon, formerly president of the Typothetæ of America. Statements with respect to the subject were made by the above parties, the discussion being limited to the questions concerning the use of the term "embossing." As a result of the conference, the commission desires to announce to the trade and the public that no change will be made in the statement issued on January 18, 1925, with respect to the use of the terms "engraved" and "embossed." BAND-INSTRUMENT MANUFACTURERS JULY 15, 1924. At the request of the manufacturers of band instruments, a tradepractice submittal was held before Hon. Vernon W. Van Fleet, commissioner representing the Federal Trade Commission, at Chicago, Ill., on July 15, 1924, for the purpose of affording those engaged in the industry an opportunity to express their views relative to alleged unfairness of certain practices which had prevailed in the industry. Those present at the meeting were: F. A. Buescher, representing the Buescher Band Instrument Co., Elkhart, Ind. James A. Bell, representing the Buescher Band Instrument Co., Elkhart, Ind. C. H. Taylor, representing Frank Holton & Co., Elkhorn, Wis. J. C. Cox, representing Frank Holton & Co., Elkhorn, Wis. A. P. Bassett, representing the Martin Band Instrument Co., Chicago, Ill. |