Evening star., 1935-03-31
Clark and Hastings to Press
Motion in Senate
Tomorrow.
RICHBERG BACKS PLAN
TO WITHDRAW APPEAL
Recovery Board Chairman Warns
Affected Industry That President
Alone Can Suspend Agreement
BY G. GOULD LINCOLN.

A Senate resolution, requesting At
torney General Cummings not to ask
the Supreme Court to dismiss the
Belcher case involving the cpnStitu-
tionality of the N. r. A. but to prose-
cute the Government appeal, will be
introduced in the Senate tomorrow by
Senators Clark of Missouri, Democrat,
and Hastings of Delaware. Republican.
The resolution recites the fact pub
lie announcement has been made by
the Department Of Justice that 1t in
tends to move dismissal of the case.
It is possible that the motion will be
made in the Supreme Court tomorrow,
when the court reaSsembles. 1t Is
wholly within the discretion Of the
court whether 1t grants the dismissal
or orders a hearing OF the case
preparatory to a decision by the court
on constitutional questions involved.
Both. Clark and Hastings are men,
bers of the Senate Finance Committee
which is investigating the operations
Of the N. r. A. and is charged with
the task Of writing q new law to eX-
tend the life of that agency and the
codes of fair competition"
Authority to Give Up.
The Lumber Code Authority, aroused
by the fact that the Department of
Justice intends to withdraw its ap-
peal in the Belcher case. is preparing
to fold up" 1t has discharged most
Of its employees and holds that the
Government is leaving the industry in
an impossible position so far as en-
forcement of the code Is concerned
Col. w. B. Greeley. secretary manager
of the West Coast Lumbermen's Asso-
citation, the code authority for the in
dustry. according to an Associated
Press dispatch from Seattle, said yes
terday its Board of Trustees advocated
suspension Of the code until it can
be made legally enforceable"
Donald Richberg, chairman of Ma
tional Recovery Board, reported, how
ever, that the lumber code, like other
codes, is not subject to suspension ex.
cept by the President or his represent
atives. He insisted that the Depart
ment of Justice had not, by its deter
mination to withdraw the appeal in
the Belcher case, questioned the valid
ity Of the code as a whole but had
based its announced dismissal of the
Belcher case on the combination of
certain defects in the code and the
absence of an adequate record"
Richberg continued that N. r. A.
expected that at least a majority Of
the responsible members of the in
dustry will cooperate with the Gov
ernment in maintaining the many
beneficial results Of the lumber code
and In removing all reasonable objec-
tions to particular provisions of the
code or its administration"
Several Voice Opposition.
While Clark and Hastings were
preparing their resolution yesterday.
other Senators were examining the
administrations N. r. A. bill, which
was introduced in the Senate Friday
by Chairman Harrison of the Finance
Committee. Many of them, Including
Senators Borah of Idaho, King Of
Utah, Dickinson of Iowa, declared
themselves utterly dissatisfied with the
administration bill. which it is under
stood was prepared by Richberg and
which was submitted to President
Roosevelt before he left here for
Florida.
The Belcher case, brought against
an Alabama lumber manufacturer,
William E. Belcher. by the Govern
ment, involves the constitutionality of
the N. r. A. act and the codes there
under.
The rk-Hastings resolution points
out that the Congress has been urged
by the President to extend the life of
the N. r. A. for another two years.
The resolution continues:
"A decision by the Supreme Court
on the questions involved in the case
above referred to would be of great
assistance to the Senate in deter
mining what changes are necessary
or whether a constitutional act could
Continued on Page S. Column 81