LCA Opposes Dismissal of Belcher Case in U. S. Supreme Court

Washington, D. C., April l.-The Lumber Code Authority moved in the U. S. Supreme Court here today in the Belcher case for "leave to appear as 'friend of the court' and be heard orallv and by brie{" on the motion of the Department of Justi'ce to dismiss the appeal in that case. The appeal, it will be remembered, was taken by the Government from a decision in the U. S. District Court sitting at Birmingham, Ala.

The body of the motion is as follorvs :

"That the existence of 1'611t petitioner, the validity of its actions, and the nature and extent of its authority in the administration of said Code depends upon the ,constitutionality of the statute pursuant to lvhich it was 'created.

"That the constitutionality of the said National Industrial Recovery Act pursuant to rvhich your petitioner was organized and is norv operating is involved in the instant case.

"That the decision of the lorver court in this case held said National Industrial Recovery Act to be unconstitutional and if the motion of the United States to dismiss the appeal herein is granted your petitioner will be in effect rvithout power and authority to administer the Code approved by the President of the United States for the Lumber and Timber Products Industries, and the said National Industrial Recovery Act will in effect be deemed null and void without the far reaching questions involved having been finally and authoritatively passed upon by this Honorable Court whose decision alone can be final.

"It is respectfully submitted that .a de,cision of the issues involved in this case is necessary to remove the deadening uncertainty affecting the integrity and operation of the National Recovery Act. This isa question in 'ivhich the Lumber and Timber Products Industries are deeolv concernecl.

"In making the motion to dismiss the appeal, the government has in effect practically deciared that the Lumber and Tirnber Products Code is illegal apparently for the reason that it grants ,certain discretionary polver to industry representatives although the power of final review is reposed irr the National Recovery Administration. It is respectfully submitted that there are sound legal as rvell as practical considerations for vesting the industry representatives with certain discretionary powers. It is essential to operation under this Code that a reasonable degree of discretion be left with industry in order to maintain a proper and essential balance betr'veen 'industry self-government' and 'public supervision'. This is necessary in order that this code may function effectively. Dismissal of this case rvithout an opportunity for decision of this important principle will prevent legal recognition or denial of this principle.

"The Attorney General of the United States has publicly announced that the Lumber and Timber Products Code is nnenfor'ceable in the courts. This announcement coupled with the motion in this case has practically completed the r,vrecking of this code inasmuch as loyal operators were, in face of crucifying competition from Code violators, desperately holding on pending the decision in this case. A decision in this case is an essential step toward restoring vitality to this Code. Without a decision in this important ,case there can be no hope of efiective enforcement without which it becomes a code of unfair competition working to the advantage of ,code violators and oppressing those who comply. Moreover, the present uncertainty surrounding this Code which was created by conflicting lower court decisions renders any new legislation on the subjeit equally uncertain and unenforceable.

"The effect of granting the government's motion to dismiss this appeal would be virtually to sustain the decision of the lower court. The situation is analogous to a confession of error by the government in an appeal by defendant in a criminal case and it has been held that in such a ,case the Attorney General of the United States is without authority to ,confess su,ch error but that the case being before the court on proper appeal must be decided by the court on its merits. Parlton v. United States, 63 W.L.R., 169, decided by the U. S. Court of Appeals for the District of Columbia, February 4, 1935.

"It is respectfully submitted that the issues involved should be finally decided by this Court, and that your petitioner should be entitled to be heard as Amicus Curiae in opposition to the Government's motion to dismiss."

Modernization and Repairs Totaf $ggo,1 s9,s79

The rveek ending April 5 was for the Better Housing Program of the Federal Housing Administration one of the most successful since the start of the program. All iudications point to an unusually active season for modernization, repair and new building.

On April 5, pledges for modernization and repair obtained by the community canvasses active throughout the country reached $330,159,579. This is dn in'creas.e of ff15,232,%6 over the previous week's total. The total funds advanced under the Modernization Credit Plan by financial institutions on the same date amounted to $51,500,084. This is an in,crease of $2,M3,572 for the rveek, as against the preceding week's increase of $1,705,4€. Individual credit advan,ces by April 5 numbered 122,296, an increase ol 5,047 for the week.

Thirteen thousand ninety-eight insurance contracts were issued to financial institutions up to April 5 entitling them to extend modernization credit under the National Housing Act. This represents an increase of 48 for the week. There were 6,923 community campaigns organized or being organized on that date, which is an increase of 106 over the orevious week's total.

Northwest Men Visit Califorinia

C. W. Osborne, of Portland, manager of the creosoting department, and E,. R. Wade, sales manager at Port Gamble mill of Chas. R. McCormick Lumber Co., recently visited the company's San Francisco and Los Angeles offices.