WASHINGTON, April 6.--- Of the nearly 7,000 prisoners in Federal penitentiaries about 35 per cent. are serving sentences for violation of the anti-narcotic law of the United States. Many such violators are also serving sentences in State institutions, according to data issued today by the Attorney General.

Now a case has been appealed to the United States Supreme Court to test the constitutionality of the Harrison Anti-Narcotic act. Clement Gunn was convicted in the Eastern District of Missouri of violation of the act and his counsel has filed a petition for a writ of certiorari declaring the act unconstitutional.

If the Supreme Court grants the writ the constitutionality of the act will be passed upon for the first time.