Show NEW DEAL MAPS APPEAL APPEAL ON ON I Court Rulings Strike Damaging Blows I W WASHINGTON Feb 28 8 F W- W Attorney General Co Cummings s said ld today Immediate appeals will wUl be bet betaken ie t taken ken In the two N R It A cases s l lost b by the government in federal dis district district dis- dis to courts court rb yesterday He lie foresaw a possibility of c consolidating these cases uses an N It R A case now before the supreme court WASHINGTON Feb 28 P The IP-The The new deal marshaled its legal forces today t to ward ward off a blow which which which-if it if it should gain the added strength th of ot supreme supreme su suo su- su preme court approval would approval would topple mu much h of N R As A's vast structure into into the dust duit The blo blow was Vl ns the op opinion nion enunciated enu cl- cl by Federal Jud Judge e John P. P of Delaware yesterday that the constitution con corio did not confer upon congress the power to manufacture lIt It It vas was b the rulin ruling of Federal Jud Judge e Charles r I. I Daws Dawson n at Louisville K Ky who declared that coal mining is an In intrastate business busine s that intrastate business is beyond the regul regulatory tory power of congress S and that therefore the national industrial rec recovery ery act as applied to coal is un un- un constitutional Meets Meet Obstacle Much of ot th the new deal is based baaed on 00 the idea that if H a business busine s' s affects commerce between the st states congress congress congress con con- gress can cali regulate it But that view met an obstacle in Judge flat statement that manufacture ture is not subject to such regulation In the course o of an opinion in which ho he held section A 7 of N NI IR R H A unconstitutional AS applied to to the Steel Ste company lie he said su- su prem court rulings demonstrated r that the constitution did not give to congress congre s the power iwer to regulate man mah The Toe government go plans an immediate immedi Immedi- ate appeal from Crom Judge Dawsons Dawson's de de- de- de cislon It did not announce its plans planson on Judge ruling but Black Blackwell well Smith counsel for forthe the recovery administration left no doubt in ob observers observers' observers observers' ob- ob I servers servers' minds that it would combat Continued d oi on 01 Put Pate Two NEW DEAL MAPS APPEAL ON from front rare Pae One Ones ithe the idea expressed b. b by the Delaware I. I JU judge d gc Decision Studied Attorney General Cummin Cummings s and a ast astaff astaff st staff lff of or lawyers were studying the thc decision Smith contended Judge m was based on an outmoded theory of constitutional law Most new deal lawyers pinned their hopes hooes for tor an ultimate N R n A victory on the power given congress to reg regulate regu late interstate commerce by this section section sec see tion of the constitution Alth Although ugh the government failed to convince Judge Nil that manufacturing turing i is a step In n interstate commerce commerce commerce com com- merce N R As A's legal lega ch chief evidenced confidence that the supreme court will rule differently Judge decision was praised ed b by a spokesman for lor the National Association As As- Association of Manufacturers and denounced denounced denounced de de- de- de by William Green president of or the thc American Federation of Labor Praises Ruling This d decision will promote rational employment relations said James A. A Emery general counsel for the Manufacturers Manufacturers' Manufacturers Manufacturers' Manufacturers Manufacturers' Man Man- association Labor cannot accept the thc decision said Green There was speculation on Capitol hill as to the possible effect of the decisions on renewal of ot N R A in iri line with President Roas Roosevelt's desires s and on demands in the senate for lor one big investigation of the recovery administration administration ad ad- ministration before belore any new law is enacted The blows against regulation of ot Industry industry industry in in- came at a time when the new deal was busy defending itself against formidable legal lecal threats in several quarters S W. W 1 I. I Judge Grubb of ot Alabama recently recently recently re re- provided material for lor an early supreme court test on N R A and also has ruled that the government has no right to sell surplus electricity developed developed developed devel devel- by its ts plants In the Tennessee valley Thrusts at t N R A Judge Dawson the Louisville jurist who thrust at the legality of ot the blue blueeagle blueeagle blueeagle eagle yesterday r recently held that the government had no right to condemn condemn con con- land for tor a low-cost low housing project planned by bythe the public works administration Attorneys eager to clear up the status of ot P VT As A's big housing program have taken this case directly to the supreme court Officials om- om say the fate late of 50 slum clearance projects in mi 30 different cities is involved involved involved in in- indirectly On March 13 many observers expect expect ex ex- the nine rime supreme court justices to rule on the legality of the railroad ld pension act The administrations administration's vast social security program might be affected by a precedent established Inthis in inthis this case Challenges to the thc authority of the administrations administration's na national labor relations relations rela rela- board are being fought out in the thc lower courts Following are score sheets compiled compiled com corn piled by some new d deal al agencies in inthe inthe inthe the frequent legal tests encountered since lh the they were established Agriculture Agriculture-A AAA A A sug sugar r control upheld in District of Columbia supreme supreme su su- su preme court Processing taxes Upheld Up Up- held in Massachusetts district court Circuit court of appeals reversed Florida lower court decision holding A AAA A A unco unconstitutional on grounds that the question tion was as not nol properly before before before be be- fore district court Milk act upheld in m Chicago Seven m milk lk license cases lost when courts held busin business ss within with in state borders Tests pending on n cotton and tobacco controls Oil Petroleum Oil Petroleum labor board issued 12 orders to reinstate union 20 others settled in informally form all Indictment Indict ment a against oil firm on 72 counts count under adv advisement in m Philadelphia Several refiners cited to department of or justice for lor violating code hours and wages wages Oil control section of N NIRA I RA thrown out by supreme court Substitute control bill passed by con gress Housing Housing Appeal Appeal in Louisville c case caseto caseto e eto to supreme court count Twelve cases in all administration victor in six with four undecided |