The Birmingham age-herald., 1919-08-15
QUESTION KEYSTONE IN ARCH
 OF PROFITEERS, IS
 STATED BY PETTUS
District Attorney Cites the Resolutions Adopted by Exchange in Re- gard to Concerted
 Action

Erie Pettus, United states district attorney. made a statement yesterday in which he declared that the rental question has, so far as local conditions are concerned. become a very key stone of the arch of the profiteers."
 He points to resolution adopted by the Birmingham Real Estate exchange as early as the latter part of the win ter Of 1918 in which it was Resolved, that we, the Birmingham Real Estate exchange. do recommend a united eff fort on the part of agents and owners to make immediate increases on all the above class of property (resi- dential, both dwellings and apart ments) not under term leases, and on leased property as soon as present leases expire. The increase of rent will have to be left to the individual judgment of owner and agent, but 1t is the intent of this resolution that where property is reasonably inn proved and in fair repair the rent shall be made to net the owner a fair re- turn on his investment"
 This shows the disposition to have concerted acton on the particular nlat- ter in question" said MT Pettus, and in this connection the result of con- certed action is becoming apparent as leases are beginning to expire. In ad- dition to this, the circumstances that practically every real estate agent will assure any applicant that there is nothing to rent. but that houses can be bought on very easy terms tends to support the theory of preconcerfed and agreed action.
 ''It is well known that the federal statutes do not reach every case of profiteering. Proposed legislation is now before Congress designed to cover the field In the meantime, however. think immediate action has become so imperative that the Attorney Gen. eral has elected to resort to the power of publicity and public opinion to 1e- strain the rapacty of the profiteers in these cases which are not now cov- cred by criminal statutes of the United States.
 Under the abnormal conditions now existing. it is important that all branches of the government, federal, state and municipal. function p~rapt- ly in behalf of the public good
 No one supposed that the city could fix the price of rent or other com modities absolutely but there is no question but that a city ordinances could be enacted, if one is not now in existence, making a combination in restraint of trade, or to fix up the price of any necessity unlawful"
 In this connection he quoted Section 103 of the constitution of Alabama.
 "The legislature shall provide by law for the regulation. prohibition CT reasonable restraint of common car riers. partnerships, associations trusts monopolies and combinations of cap- ital so as to prevent them or any of them from making scarce articles oe necessity. trade or commerce or from increasing unreasonably the cost thereof to the consumer, or prevent ing reasonable competition in any calling, trade or business"
 Tt might be stated in this connec- tion,' continued MT. Pettus. that an unlawful combination can in these days scarcely ever be proved by di- rect evidence, like any other fact it may be established by circumstantial evidence"