(concurring) .
I concur with my colleagues in affirming the judgment below. I would dispose in one sentence of the claim advanced that the applicable statute, 18 U.S.C.A. § 1461, is unconstitutional, for I believe the constitutionality of such legislation is so well settled that: “If the question is to be reopened the Supreme Court must open it. Tyomies Publishing Company v. United States, 6 Cir., 211 F. 385” — quoting Learned .Hand, C. J., in United States v. Rebhuhn, 2 Cir., 1940, 109 F.2d 512, at page 514, certiorari denied 310 U.S. 629, 60 S.Ct. 976, 84 L.Ed. 1399. I concur with Chief Judge Clark in his disposition of the remaining issues.