Show fLower Court Rules 1935 Relief Plan Pian Little les RIf Held Invasion n Of State Rights s Justices i es 1 H Split on De Decision ision Six to Three I Appellate Bench R Rules les Huge Work Wor Fund Illegal WASHINGTON May Hi 18 AP Attacking AP-Attacking Attacking the 1 1935 35 relief re relief relief re- re lief act through a test case casein casein- in involving g the resettlement administration administration ad ad- administration ministration the District Distri t of Columbia court of appeals today today to to- today to- to day held that it transgressed the constitution Three of the five judges ruled as ashad ashad ashad had the supreme court in the N NR R A and A A A cases that the law appropriating ap ap- ap- ap pr delegated powers improperly to President Roosevelt and violated states' states rights The resettlement administration tion was considered invalid New deal officials conferred about future procedure both on relief polIcy policy pol pol- icy and in the courts Solicitor General Stanley Reed said an appeal would be taken to the supreme court at once Calls Ruling Narrow arrow He told newspapermen that after a hurried reading rending of the opinion he believed it was narrow and confined confined confined con con- fined to construction for shifting population under under under- the ie re resettlement re resettlement resettlement re- re settlement administration I 11 am not trying to minimize the opinion he added We Ve wanted it the other wa way Program to Go On OnA OnA OnA A s spokesman for Harry L. L Hopkins Hopkins Hop Hop- kins said the work relief program would go on despite the decision With congress in session he said the act could be amended to meet the courts court's objections The resettlement administration had been allotted 0 of the works relief fund Hopkins Hopkins' work progress adminIstration administration administration admin admin- had received the largest allotment of ot The sweeping opinion of the court indicated that certain types of relief projects were constitutional constitution constitution- al saying We Vc arc not here confronted with an appropriation for internal improvements improvements im im- Improvements Im- Im of a national character or importance or the erection of public buildings or the grant of loans to a state or municipality to carry out public works projects Two Tuo Judges dissent In a test case which resulted from plans for a model c community at Franklin in Somerset county N. N J. J Jf tho appellate court found there was no constitutional power conferred upon the federal government to regulate regulate regulate reg reg- housing or to resettle pop pop- ula Justices Groner and Stephens agreed that constitutional authority was lacking in this case but said the court should not have passed upon validity of the entire program The Tho appellate court reversed the ruling of the District of Columbia supreme court which had upheld the validity of the resettlement program program program pro pro- gram and denied an injunction against the New Jersey project sought by a group of taxpayers After reviewing provisions of the 1935 relief act and executive orders of President Roosevelt which set setup setup setup up the resettlement agency the opinion said This is delegation running riot Sees Power Fower Unfixed Referring to opinions of the United States SUites supreme court which found N R A A A A and the origInal original inal hot oil control act unconstitutional unconstitutional unconstitutional the tho same legal flaws were found in the tho resettlement admin admin- There is nothing in the act di directly directly di- di directly prescribing the power or duties of the tho president with respect to housing ho he said |