Show PRICE FIXING HELD ILlEGAL Right of Congress President in Such Action Denied by U. U S. S Judge KANSAS CITY CIrY Mo Dec 27 UP Congress has no authority to fix prices even in interstate commerce Jud Judge e Merrill E. E Otis held in an opinion filed flIed today in the United States district court He further held that the president has las no no power to approve codes which include price rice fixing because price rice fixing destroys fair competition The opinion was handed down in n a aase case ase case against the Sutherland Lumber company which has headquarters here and offices in Omaha and Okla Okla- homa oma City Judge Otis denied an application o of the he United States district attorney here and counsel for lor the retail lumber lumber lum lum- ber her code authority for lor a temporary injunction to prohibit the lumber company company com corn pany from violating price fixing provisions provisions provisions pro pro- visions of the lumber code WASHINGTON Dec 27 UP UP- UP PNRA will probably appeal the decision deci deci- sion ion against price fixing handed down own today by Federal Judge Merrill E. E Otis OOs of ot Kansas City Legal authorities o of the recovery unit nit indicated that an appeal to 10 the circuit court a of appeals ls and United states tales supreme court would b be the next step in the effort to sustain the price fixing clause in the retail lumer lum- lum bet bet- er code |