Evening star., 1935-04-01
DISMISSAL ASKED
OF N.R.A. CODE TEST
Supreme Court Requested
to Lay Aside Appeal of
Lumber Suit.

The Justice Department formally
requested the Supreme Court today to
dismiss the case against w. z.
Belcher of Alabama which had been
expected to test the constitutionality
Of the national recovery act. A de-
cision was deferred until later in the
day.
Just as the dismissal motion was
filed by Stanley Reed. solicitor gen.
eral, the Lumber Code Authority re-
versed itself q second time and an
nounced it would protest the dis
n1issal.
The authority will ask the courts
permission to file a brief in opposi-
ton to dismissal of the case. Whether
the court would grant this permission
was considered doubtful by some.
Uncertainty Flayed.
A few minutes after Reed filed his
dismissal motion, the Lumber Code
Authority said II. Burdan Burr of Bir-
mingham. Ala, attorney for Belcher
would oppose dismissal and insist the
case be brought to trial to end "the
deadening uncertainty" surrounding
N. r. A. and the lumber code.
simultaneously in the Senate, Sena-
tor Clark, Democrat of Missouri, in
troduced jointly for Senator Hastings,
Republican of Delaware, and himself
a resolution asking the Attorney Gen.
eral to prosecute the appeal in the
Belcher case so N. r. AS constitu-
tionality could be determined before
Congress acts on It's extension.
Senator Robinson, Democratic lead
er, objected to its immediate con-
sideration, and on his motion the
Clark Hastings resolution was referred
to the Finance Committee already
considering the N. r. A. bill.
A. e. Mooers will appear as counsel
for the Lumber Code Authority.
Work Of Authority Feared.
In its petition TO the court, the
Lumber Code Authority declares that
If the motion to dismiss the appeal in
the case is granted, the code author
ity will be in effect without power
and authority to administer the code
approved by the President for the
lumber and timber products Industries
and the national industrial recovery
act will in effect be deemed null and
void without the far-reaching ques-
tions involved having been finally and
authoritatively passed upon by this
honorable court whose decision alone
can be final" =
The petition of the code authority
continues:
1T is respectfully submitted that
a decision of the issues involved in
this case is necessary to remove the
deadening uncertainty affecting the
integrity and operation of the ma
tional industrial recovery act. This
is a question in which the lumber and
timber products industries are deeply
concerned.
In making the motion to dismiss
the appeal, the Government has, In
effect, practically declared. that the
lumber and timber products code Is
illegal. apparently for the reason that
1t grants certain discretionary powers
to industry representatives although
the power Of final review is reposed
In the Natlonal Recovery AdminiStra-
ton. Il is respectfully submitted that
there are sound legal, as well as prac-
tical, considerations for the vesting
Of industry representatives with such
discretionary powers.
THE Attorney General of the
United States states that the lumber
and timber products code Is unen-
forceable In the courts. This an
coupled With a motion
In this case, has practically COM
pleted the wrecking Of this code, in
asmuch as loyal operators were, in
the face Of crucifying competition
from code violators, desperately hold
ing on, pending the decision In this
case. A decision In this case Is an
Continued on Page 3, Column 60