The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-20
Minister Delayed in Seek
ing to Move Into House He
Bought in Brooklyn.
TENANTS LEAGUE IN RYE
Socialist Aldermen Want I'm
occupied Houses on Fifth
Ave. Declared Nuisances.

Supreme Court in The Bronx The
arguments centred about the act which
restraints the Supreme Court from con-
sidering ejectment proceedings until
1922. Justice Finch declared that in
passing the rent laws the Legislature
simply was using it's police power:
that the housing situation following
the war amounts to an emergency. and
that the new laws were necessary to
remedy the unusual conditions
The case was that of Jacob L. Gut
tag, landlord, against Henry Schatzkin,
tenant at 1856 Crotona Parkway.
Schatzkin's lease expired October
and he refused 20 vacate. The land
lords counsel began proceedings for
election and the case finally was heard
by Justice Finch on a demurrer filed
in behalf of the tenant.
Bernard r. Deutsch. attorney for the
landlord, attacking the constitution
ality of the new laws, argued that IL the
power of the Supreme Court for two
years 1t could as we'll deprive the court
OF that power for all time.
Julius Tobias. counsel for the tenant.
argued that the right of the Legislature
to take such action in an emergency
could not be questioned, since the police
power of the State to protect its cit!-
gems was in the hands OF the Legisla-
ture.
Sustains Legislatures Action.
After declaring that the protection OF
homes and housing Is within the police
power Of the State the decision says:
1T remains for the court to consider
whether the means adopted by the
Legislature are reasonably adapted to
the end sought. Until the expiration &C
a two year period the Legislature has
prohibited the ousting of tenant from
hii dwelling except in certain prescribe.
fuEtances. provided the tenant Is not %
jectionable and pays reasonable rental
value OF the premises, which reason
able rental value may be determined by
tho court.
1T would appear that the means
which the Legislature has adopted are
appropriate TO the end sought. The
court may take judicial notice for the
cause of the existing emergency. namely
q world war during which new builc-
i1gs were halted for several years and
a large portion of the entire population
was taken from Its accustomed tasks
and turned TO war work.
THE disqualification which hes re-
suited from a return to peace from a
war basis has delayed transportation or
material and fuel. This condition. cou-
pied with the scarcity of labor and ma
eI.. at To-
tions exhausted by the years of war, has
vet apparently prevented even catching
UP with the normal building needs aris-
ing since the war and due to the normal
growth OF population. These conditions
10 be- COPIED with are accentuated In dense
ly poulation centres. 1t is no answer TO
say that no action precisely similar to
the case at bar has been taken hereto
fore.
ut overlooks q fundamental attribute
OF the principle known as the police
power, which takes into consideration
the economic and social conditions OF
the times \ reasonable allowance must
be made for the exercise of legislative
judgment. and II the matter Is within the
legislative discretion the court will not
substitute his judgment for that of the
Legislature. II follows that demurrer
should be sustained"
Damage suit Is Delayed.
Justice McAvoy In the Supreme Court
In Manhattan reserved decision In an in
junction proceeding by which Ellis
Weaver seeks to restrain Isaac Spector
owner ~ the premises at 2Sl East Sixty
ninth street. which Weaver formerly oc-
cupied. from accepting rent from the
tenant who moved In after Weaver was
forcibly elected. The case presents
peculiar phase. in that the present occu-
pant OF the apartment could object I'M
der the new law from being removed.
Weaver also asks damages In the sum of
$4,000 and costs for humiliation and
injuries to property received when the
landlord forcibly took possession.
Mrs Margaret u. Orsor, who has
lease on the house at % Brevooit place
Brooklyn. IL involved In litigation witn
the Rev. Ulysses O.. Warren. who movec
20 Brooklyn recently from Syracuse ana
bought the house where Mrs. Orsor lives.
lie filed notice that. as owner. he wished
20 occupy u with his family When the
Orsor family failed to move out on Dc
iobor 10 Or Warren obtained an order
OF dlspossess from Justice Ferguson In
the Municipal Court. Mrs. Orsor then
applied TO Justice Faber IN the Supreme
Court Tor stay penuink hpprai. JhS-
tee Faber reserved decision.
Mrs. Frederick 4. Eckert, whose hus-
hand was murdered I'm August on Staten
island. was compelled 10 vacate her
apartment at Centre street. Orange. N.
!. AS New Jersey Is without laws like
me new tenant laws In New York, Mrs.
I3ckert did her landlords bidding and
moved 10 her mother-in-law's home In
Brooklyn.
THE Tenants League Of the Town of
1--WE" has been organized at Rye. ". ".
Tor the express purpose of making land
;ords who refuse to rent 10 families with
children see tho light. Children are the
treasure Of the nation-not cats and
dogs" said Pietro Popparlardo. the
chairman.
The Socialist members Of the Board OF
Aldermen, after addressing a communl-
cation 70 the board declaring that sur
yey OF 500 dwellings In the Murray Hill.
the Fifth avenue and the Riverside Drive
sections disclosed that 4s per cent. are
rnoccuricd, introduced a resolution 10 re-
Guest the Board of Health 20 declare the
holding out of use % all properties which
can be- used as dwellings TO be public
nuisance under the terms OF Section 1,1T6
81 Ine city charter.