Evening star., 1919-03-15
SAULSBURYLAW
WILL NOT PROTECT
Municipal Court Will Follow
Ruling Made by Justice
Gould.
GAIN IN EVICTION SUITS

The Salisbury law will not protect
families notified to move from their
homes in the District, in actions in
the Municipal Court.
Judge Milton Strasburger of NUM-
cipal Court. who is trying landlord
tenant cases this month, said today
his court will follow the ruling of
Justice Gould in the District Supreme
Court yesterday in which he held that
the Salisbury law is unconstitutional
Justice Gould's decision yesterday
was made in the case of Mrs. Anna
Heitmuller, who was notified to move
from the premises at 1905 ED street
by Sylvanus Stokes. Mrs. Heitmuller's 8
appeal to the Districts Court of Ap.
pealS postpones her eviction until the
higher court renders it's decision.
Custom in Municipal Court Given.
+, Judge strasburger pointed out today
Court to follow rulings of the District
Supreme Court pending a decision
from the District. Court of Appeals.
He called attention to the fact that
the District Supreme Court is an
appellate tribunal as far as the NUM-
court still higher than that of Justice
Gould reverses yesterdays decision.
the Municipal Court will continue to
follow II.
Old Law Elective.
This means that landlord can now
get possession of e house by. giving
the proper thirty day notice required
under the old landlord tenant law of
tho District.
II the tenant fails to move at the ex-
piration of the thirty days the land
lord my file a suit for eviction in Munich
pal Court. which gives the tenant seven
days. exclusive Of Sundays and holidays.
in which to appear in court and show
move.
Up until yesterday, when a tenant
appeared in response to the summons
he could point to the Salisbury law
as cause why he should not move.
Although there were some exceptions
to which the Salisbury Law did not
apply. scores of families were retain
ed in their homes by this act during
the ten months it was in operation.
May Postpone Eviction by Appeal
With the Salisbury law held to be IN
operative, lawyers say there is practi-
cally no ground on which the tenant
can win an eviction suit in the Munich
pal Court. II he remains in the house
and compels the landlord to bring suit
however. he can postpone eviction by
taking an appeal to the District Supreme
Court.
If the tenant takes an APPEAL to the
upper court he must give bond for the
costs and also for the security OF the
rent during the time the higher cour,
is deciding the case.
Officials of Municipal Court expect an
immediate increase in the number OF
housing suits as result Of Justice
Gouid's ruling.
Eviction Suits Jump to 50.
Recently there has been an average
Of between forty-five and fifty evic.
ton suits filed daily Yesterday the
total jumped to eighty EIGHT. Whether
Justice Gould's ruling was wholly re-
sponsible for this increase is not
known. One plaintiff alone fled TWEEN.
ty-nine suits against tenants yester.
day. according to the clerk of the
court.
There were no cases before Munich
pal Court today involving the Sauls.
bury law. It is probable. however
that Mondays session of the landlord
tenant branch will be an interesting
one.
Counsel for tenants, it was pointed
out. will prepare to argue that tht
Salisbury law should continue IL
| operation until its constitutionaIity 4.
| finally passed upon.