Evening star., 1919-12-02
STEPS TOEWCT
TENANTS LIKELY
TOBEG|N DEC. IS
Expected if Justice Robb's
Decision Voiding Salisbury
Act Is Not Appealed.

Act Is Not Appealed.
Steps 20 evict tenants of hundreds
of houses and apartments. who have
held possession under the salisbury
act are expected to begin December
is unless an appeal from the judg-
ment of the Court Of Appeals should
act as a stay. The opinion of JUS
tice Robb of the Court of Appeals
yesterday declaring the act uncon-
stitutional and the mandate of that
court to the District Supreme Court
will be in the hands of the lower
court on that date. the law requiring
full fifteen days. exclusive of sun
days and holidays. for this final ac-
tion of the Court of Appeals
Would Give PossessiOn.
The mandate of the Court of APP
peals will direct the lower court to
give possession of the premises in
controversy to the owner and to pro-
|ceed to the eviction of the occupant
The case upon which yesterdays S
decision of the Court of Appeals rest
against Hannah T. Wilson for posses
sion of the premises 1S0S Belmont
road.
Unless an appeal. is taken to the
Supreme Court of the United states,
accompanied by Supersedeas BOND
within three months. the opinion of
Justice Robb becomes final.
Henry E. Davis, attorney for the
defendant in the eviction proceed
ings. stated today an appeal is to be
taken to the Supreme Court of the
United States.
Fine Point Is Involved.
1t: was learned today that fine
poiFt of law is involved in the ques-
|tion of appeaiability in this case. In
an act effective January l, 1912. GER
tain classes of cases that may be ap-
pealed from the District Court of APP
peals are defined. The only one OF
these classes on which appeal might
be based. it was stated, is that In
which the constitutionality OF law
bf the United States is attacked. Be-
cause of the fact that the salisbury
Resolution applied only to the District
of Columbia, it was stated. grave
|doubt arises as to whether or not 1t
is to be properly defined as a law of
the United States. Should the Su-
preme Court decide that the Sauls-
bury resolution, applicable only with
i'm the District. is not law OF the
United States, it was stated. no appeal
would lie and the opinion Of the Dis
lIlCl court "oulo oS
Would Not Stay Eviction.
An appeal filed with only cost
bond. it was stated. would not serve
to stay eviction proceedings, the only
means afforded by the law to prevent
Wholesale evoctions under the opin
bon of Justice Robb being the filing
of a supersedeas bond with the ap
peal.
Mr.. Davis. in discussing possible
Further proceedings. said:
mo briefs were filed by either side
bin the case, nor was any argument
made before the District Court of. Ap-
peals. Its decision therefore embodies
its own conclusions. and is wide
enough in its scope to cover the Ball
rent law. which is to SuperSede the
salisbury resolution, and there does
mot seem to be much doubt the latter
will be held unconstitutional when it
comes before the Court of Appeals"
bees Ball Rent Law rs Empty Shell.
aThe Ball rent law becomes an
empty she'll by reason Of the deci-
sion of the Court of Appeals in de-
claring the Salisbury resolution un-
Constitutional" declared Charles w.
Fairfax. president of the Real Estate
Brokers Association. today. "Presi-
dent Wilson should decline to name
rent commissioners and incur other
chinery to administer such legislation.
1t will only add to the burden of taxa
tion to be paid by the people here and
Elsewhere.
what relief can tenants obtain
from the rent commission. when they
know in advance that owners have
the right to dispoSsesS them? With
no vacancies existing in houses and
apartments. tenants will meet the in
crease rental demands in order to re-
tain possession. AS the rent commits
sion cannot lawfully function, Con-
gress should immedia.A.y repeal this
Law. Builders will then feel permit
ted 10 proceed unrestricted in the
erection of all classes of rental prop
critics. and in that manner eventually
bring permanent relief to housing
congestion.
by no other method can this prob
pem be solved. If temporary hard
ship is experienced by some tenants
Congress is to blame because OF the
unwise legislation enacted in oppo-
sition to the advice of those who
fully understand local conditions.
Owners should recognize the sit
uatfon and deal reasonably with their
tenants. Those who have been fair
with landlords should be treated lib
orally. Tenants must expect to pay
a rental that will net owners a
proper return on the value of the
property occupied: otherwise they
will unload their real estate and in
vest in other channels. The high
cost of labor and material for build
ing construction necessitates rental
that appears excessive compared to
the old and low schedule that ex-
listed prior to the war. Builders can
not be expected to carry the risk
bnvolveed unless they receive an in
come sufficient to create reserve
fund to permit them to mark Off
a fair percentage of depreciation in
the future.
THE attitude of tenants will guide
builders and investors in their plans
10 meet the situation. The welfare
Of the future must be kept in mind
III Washington is to go forward and