Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-07-17
BOARD WARNS PROPERTY
/OWNER ABOUT EVICTIONS
Rent Commission Says Landlords Take
Law Into Own Hands Should Await
Supreme Court Ruling.

Property owners who, without any
judicial process. forcibly eject per-
sons whom the District Rent Commits
sion has adjudged to be lawfully in
possession of their premises, are tax
ing the law into their own hands," in
+; the opinion of members of the rent
board, announced in connection
with the Eagle Hut controversy.
Landlords nave no right to take
upon themselves the duty of presum-
| ing what action will be resorted to by
the United States Supreme Court with
regard to the Ball rent act, it is held
| by officials
| Members of the rent commission
contend that the decision of the Dis
trict Court of Appeals in the Hirsch-
Block case is not binding on other
cases brought before the local courts
This decision declared the Ball act to
be unconstitutional and the rent COM
mission non-existent.
Warning by Rent Board.
| THE decision of that court in the
case mentioned is not se1f-eXecuting
in other cases, and while lower courts
may see fit to follow it even before
final determination by the Supreme
! Court of the United States. manifest
| 1y it is not competent for litigants to
take the law into their own hands"
is the way this conviction is expressed
by the commission.
THE Department of Justice has
taken the position that. until the SUI
preme Court finally settles this i'm
portant constitutional question, the
Municipal and other courts should not
treat the whole act as a nuliity," it
is explained.
1t is pointed out that other execu-
tive departments of the federal gov
eminent are relying on the Ball act
for protection of their employees. The
rent commission now has before il
| twenty three cases brought by the
! department of the Interior against
tenants occupying houses owned by
the federal government. The Federal
| Trade Commission and other depart
ments, it is stated, must rely on the
rents act in order to protect the pres
ent occupancy of certain offices.
Matter Before the President.
The agitation over the validity of
the Ball la Y and the authority of the
| District Rent Commission has led the
Commissioners to place before the
President brief detailing the act
creating the rent board as follows
1.-The Rent Comm ission, which is
charged with the duty of fixing rents
and hotel rates in the District, was
! created by an act CT Congress, known
as the food control and District of
| Columbia rents act
THAT act. which was passed by
into the housing conditions in the
District, contains the following dec
larations, showing the purpose and
reason for its enactment:
\ Section 106. For the purposes Of
this title it is declared that all rental
II property and apartments and hotels
are affected with public interest,
and that all rents and charges there
Il for, all service in connection there
4 with, and all other terms and condi-
tinpS for the there
of, shall be fair and reasonable, and
/ any unfair or unreasonable provision
of lease or other contract for the
use or occupancy of such rental prop
erty. apartment or hotel with respect
to such rents, charges, service,
terms or conditions is hereby de-
clared to be contrary to public policy.
The commission upon its own initia-
tive may. or upon complaint shall, de-
/ termine whether the rent, charges.
/ service and other terms or condi-
tions of lease or other contract for
the use or occupancy of any such
rental property, hotel or apartment
are fair and reasonable.
i Action Caused by War.
Section 122. 1t is hereby declared
/ that the provisions of this title are
made necessary by the emergencies
Il growing out of the war with the i'm
Il perial German government. resulting
in rental conditions in the District OF
II SOIuInDld dangerous 10 the pubic
Il health and burdensome to public Off
I GERS and employees, whose duties re
Il quire them to reside within the Dis
trict and other persons whose actiN-
Il tiles are essential to the maintenance
and comfort of such officers and en-
Il ployes and thereby embarrassing the
L federal government in the transac-
ton of the public business
"The Court of Appeals of the Dis
trict of Columbia by majority de-
cision recently held. in the case of
1 Hirsch VS.. Block. that said act is
Il unconstitutional and void and the
Il judges of the Municipal Court are
following the decision in all landlord
Il and tenant cases, against the pro-
4 tests of the Department of Justice,
and notwithstanding Mr.. Chief JUS
II tice Smyth of the Court of Appeals.
L who dissented from the decision of
Il his two associates and the fact that
II the case decided will be taken to
II the Supreme Court of the United
II States on appeal.
II Rent Board Not Alone.
II The District Rent Commission, how
Il eyer, is not the only body having
I trouble in the enforcement of its du-
ties in connection with rental dis
/ puteS.
Landlords of New York city are
| adopting divers methods to circum-
vent the new rent laws, according to
Leo Kenneth Mayer, chief counsel for
the mayors committee on rent profit
eering, which may be compared to
the District Rent Commission.
The three chief lodges employed
by the landlords outlined by Coun-
sci Mayer are to-:
III Notify tenants that their leases will
not be renewed unless they are will
ISr,tr n orbf 40 tal