Evening star., 1918-02-27
Punish Profteering Everywhere.


remedy to this evil wherever it exists.
1t has been suggested that this bill be
now amended to apply only TO the Dis
frict of Columbia, on the ground that
ats nationwide application is unconsti-
tutional
A punitive war tax or fine or q for
feiture Furnishing extortion through
rentals proiteering ought to apply
everywhere in the United States where
this form of war extortion develops.
Every one knows that it exists else
where than in Washington; for example,
in every cantonmeut town where the
capitals war conditions are approx
mated.
This war evil. of which every com
munity infested by it is ashamed, should
be attacked wherever it crops out. The
law, enacted by the national legislature,
'ould be nationwide in its application.
Congressman ought not to apply to the
District alone any law correcting a ma
tion-wide evil. which they view as un-
constitutional or inequitable if applied
to their own constituents.
Since the residents of the District
sre not represented in the national leg
isiature Congress should more scrupu-
3ously protect the equities, the inter-
ests and the welfare of the capital COM
munity than If it were legislating for
the home constituencies
A law that in 1918 Furnishes as e1tor-
tion by fine, tax or forfeiture, any
act of 1917 that was lawful, innocent
and unpunishable when committed, is
in essence an e1 post facto law, violat-
ing the letter as well as the spirit of the
Constitution. Congress will not enact
such law either for the nation, in
eluding the District, or for the District
alone.
A law that impairs the obligation of
contracts, that in 1918 voids lawful
leases of 1917, even in cases where both
parties to the contract are content, can
not without violating the Constitution
be enacted by state legislature. Such
law, though not specifically forbidden
by the Constitution to the national leg
3slature, is in general SO inherently in
equitable and abhorrent that only in
extreme cases to overcome a greater evil
will Congress resort to it.
IF Congress cannot bring itself to void
this class of leases in the states it ought
not and will not void them in the Dis
trict. In legislating for the District
elone under the Ten Miles Square pro-
vision of the Constitution Congress
serves the District as the substitute of
state legislature. A state legislature
is forbidden by the Constitution to i'm
pair the obligation of contracts.
What the home state legislatures may
not eonstitutionally enact in application
to the people Of the states will not be
enacted by Congress, acting as the Dis
s1iefs state legislature, in application to
tie people Of Washington.
The issue will not be permitted TO de-
generate from national attack upon a
nationwide evil that hampers efficient
prosecution Of the war into a mere local
squabble between landlords and tenants.
1t is absolutely certain that congress
men will not, either as aggrieved tenants
or as the representatives of such ten
ants, apply in their own behalf to their
loca landlords any unsound and in
equitable principles OF legislation which
cannot be applied by state legislatures
t. the landlords in their own constitu-
encies without violating the Constitu-
don.
Congress will not void any leasing
contracts, either locally or nationally.
as contrary to public policy, until the
enense against public policy is proved.
The sweeping indiscriminate impair
Ment OF the obligation of all leasing
contracts of 1917-1s that carry an II per
cent increase in rental rate over that of
1sl5-l6, or of all leasing contracts of
1918 whose rental rate exceeds at all
that Of 1917, is more distinctly against
public policy than the voided leases
themselves. Indeed, unless actual ex-
tortion is established by proof against
these leases they are not convicted as
contrary to public policy at all.
The simple fact that a 1918 leasing
contract increases the rental rate l Der
cent over that Of 1917, or that such a
contract of 1918 increases its rate II
Per cent over that Of 19l5-1e is not Of
itself proof Of extortion, tainted with
force or fraud, upon which the contrae.
may rightly be voided.
In any event the Same principle of
American fair play, the same rule Of
public policy, the same Constitution and
the same American Bill Of Rights that
prevail in the states must prevail every.
where in the United States, including the
District Of Columbia.
II to increase the governments wal
power and TO win the war temporary
sacrifices Of Individual rights, including
even the suspension Of constitutions
ffghfa nM demanded ~ all r.frfct;,