Evening star., 1919-09-18
|SAYS BALL BILL IS
UNCONSTITUTIONAL
Leo Simmons Contends
Housing Problems Would
Be Made More Acute.
BRIEF SENT COMMITTEE

committees of the House and Senate
/ on behalf of the property owners OF
Washington. Leo Simmons, local law
yer. declares that the Ball bill to
create commission to regulate rents
here is unconstitutional.
'The bill provides" reads the brief,
''as amended by Mr.. Thomas (Con.
Rec p. 562O for a packed jury of
three, and not only deprives the
property owner of a proper trial, as
required by the Constitution, but de-
senting owners of real property in
the District Of Columbia shall be a
member of such commission or jury;
1t thereby stamps the property owner
and those representing them as an
instead of providing q law as re-
quired by the Constitution 1t starts
out SO far from it that it seems in
credible. for it not only deprives a
this property, but undertakes to give
a packed comission the right to fine
him from 800 to $1,000 and put him
in Jail for one year.
Foresees End of Building.
Mr.. Simmons predicts that if the bill
becomes a law as it now stands, the
housing problem in Washington will
become more acute each year that the
law remains on the statute books, FOR
1 am absolutely convinced that there
will not be another house built for
rent in this city while it so remains" :"
Mr.. Simmons writes that in case any
member Of Congress has the impress
sion that the Constitution does not
apply as fully to the District Of CO.
kmbia as it does to the rest Of the
United States. he would refer them
to the case of the Capital Traction
Company VS.. Hoff, 174 U. S.
Quotes Justice Gray.
In that case he quotes Mr.. Justice
Court as making the following ref
erence to the District Of Columbia
and the Constitution:
"It Is beyond doubt. at the present
day. that the provisions of the Con-
stitution of the United States secur-
in civil or criminal cases. are appli-
cable to the District of Columbia
Opinion, page So
And in a further part of the
opinion. page Is. the court said:
Trial by jury. in the primary and
law and in the American Constitution.
Is not merely a trial by a jury of
twelve men before an officer invested
with authority to cause them to be
summoned and empaneled, to admin
lister oaths to them and to the consta-
Bile in charge. and to enter judgment
and issue execution; but it is a trial
by jury of twelve men, in the pres
ence and under the superintendence
of judge empowered to instruct them
on the law and to advise them on the
facts Except on acquittal Of crimi-
nal charge), and to set aside their
verdict. if in his opinion it Ia against
the law or the evidence, This propo-
sition has been 80 generally admitted,
and SO seldom contested. that there
has been little occasion for its distinct
assertion II, :. ) - fS--s 'ts
Arguments Advanced.
Mr.. Simmons devptes a largo part OF
the brief to the presentation Of reasons
why he believes the Salisbury Law
should be repealed. The following are
some Of the arguments he advances:
LAS is stated in the brief or argu-
rooms for rent and. think can safely
say, over 1,000 houses for sale In the
District Of Columbia These houses are
Tor sale in the majority Of cases because
Of the owners fear that the tenant they
might secure would subject them to .
Salisbury law and laws Of the kind pro-
posed. Only for such law and the great
agitation in regard thereto. the majority
OF these houses would be rented.
doubt If another city in the United
States can be found with the population
for rent and a thousand houses for sale.
Some one has too many 50-cent dollars.
1T is conceded by all that the dol
lar has lost its purchasing spower
from 50 to 100 Per cent since 1916;
justice and honesty, can tho real 60.
tate owner be expected to rent his
property at the same rate as whom
the dollar was worth a dollar? Is it
fair to expect this class of citizens
peited to do SO. to be placed dn such
position.
"Should Law Be Extendedp"
should a law be extended or sano-
tioned that denies the right Of the
owner of an equity of redemption In
real property (the poor mans title)
to require the tenant to vacate or pay
the diminished dollar and consequent
increased expenses and yet permit the
money lender (mortgage) to dis
possess both the owner and the ten
ant because the owner could not meet
authority to increase his rente?"
Can a dty Of any sise In tho United
States be found where the want of
housing facilities Is not as bad as 1t
is in the District of Columbia: and in
those cities can it be said that rents
have not been increased, even more
than those of the District of Colum-
bia? I understand from an item in a
newspaper Of a small city In Tennes-
see, 1900 families were required to
store their household effects for want
of living quarters.
Demand Unprecedented.
Attention is invited to the fact that
the demand for apartments in WASH
ington (the seemingly bone Of con-
tentionO is unprecedented and far in
expectation of anything that could be
looked forward to. This condition 10
brought about because a great many
people owning homes are selling them
and trying to secure apartments on ac-
count of such laws and the servant
situation, and are looking for some
way to escape the responsibilities and
consequences Of such, and are justified
in every way for each day they are
threatened with coal famine and
labor strikes; and feel that the apart
ment Is their only hope. Under such
conditions how can 1t be expected that
har ho 49, o. ~,