Show II UI S. S REQUESTS N R A RULING IN HIGH COURT Appeal to Test Constitutionality Constitution Constitution- of Codes in Industry Br ny Associated Press W WASHINGTON AS H I N Jan 4 A 4 A direct direct di die ruling on the constitutionality ty of or N R TI A was asked of or the supreme court by the government toda today after a year and a half haU of ol code rule of ot industry The justice department filed with I the court an appeal from a decision b by Federal District Judge W W. I. I Grubb at Birmingham Ala declaring j ing the Industrial r recovery ery act and the lumber code invalid Unlawful Power I His lIis decision said the recover recovery law exceeded the constitutional powers of congress and contained an unlawful unla- unla ful ul delegation of ol legislative power to the president t. t Judge Grubb further sustained a contention that the lumber code was an unlawful encroachment on stale state rights and constituted taking property prop prop- ert erty without erty-without without due process of oC law In its appeal today the justice department de a asked ked the high court to pass on th the validity of section 3 of ol the act which h provides for the punishment punishment pun pun- o of those who those who Violate Its pro provision vision in in- transactions in or affecting interstate or foreign commerce Involves ves Dismissal The case care appealed d involved dismissal dismissal dismissal dis dis- dis- dis missal b by Judge Grubb of oC an indictment indict ment against William E. E Belcher a al producer of oC timber limber and manufacturer manufacturer I of ot lumber who was charged with violating the code for lor the lumber lum luni- b ber r and timber products industries The indictment charged Belcher Beicher had worked certain longer than 40 hours a week and had paid one wages below the code rode minim mini mini- m mum u m |