The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-27
COURT UPHOLDS
NEW RENT LAWS
Two Justices Affirm COnstitu-
tiOnality of Acts Protect
ing Tenants.
EVICTIONS ARE REFUSED
Wagner and McAvoy Assert
Rights Of Householders
Must Be Guarded.
EVICTIONS ARE REFUSED

The constitutionality of the new
rent laws was upheld by two Supreme
Court Justices yesterday. Justice
Wagner denied a motion of the Ull-
man Realty Company for judgment on
the pleadings in proceeding to dis
possess Kintara Tamur. a tenant.
Justice McAvoy denied the application
of the Versailles Holding Corporation
for an order TO oust a tenant by the
name of Stein.
Said Justice Wagner: "Our Con-
stitution Is not 80 infiexible. unyield-
ing and immovable that our Iawmak-
ing bodies lie PROSTATE at It's feet
powerless to give legislative succor in
the face OF a peril threatening the
health. morals and even the lives OF
the people.
For n century and half our 'consti-
tutional restraints have received inter
pretations befitting every emergency
and public need. The statutes In ques-
ton were enacted TO avert a crisis. No
constitutional right of the owner OF
property was transgressed. No sound
reason is advanced that the govern
mental aid was not lawfully exerted.
Motion for Judgment upon the pleadings
denied with appropriate costs"
safety OF Tenant Comes First.
In tine Tamur case tho landlord raised
the rent 10 $a5 month from S2s. The
tenant offered $50 a month as a reason
able increase. The owners tried to com
pei the tenant to vacate.
IL think" Justice Wagner continued,
their (the tenants) rights to homes In
which to live. during an emergency OF
the kind that now confronts us. Is
transcendently paramount to any private
rights OF property. The protection of their
health and morals commands vast
ly moro important position in my mind
and OF far greater moment to the welfare
of the state than any strict adherence
Of the individuals private property.
Exposure. disease. misery would be
the natural consequence II owners
were permitted to turn the occupants Of
their houses into the streets upon the
and excessive demands that are now
constantly, anu as matter VI puDhc
knowledge. being made.
with a clear grasp OF the possibil-
tiles of the situation. the Legislature said
that temporarily. and during these un-
precedented conditions. the absolute
right of owners 10 deal with prop
erty which they have hitherto used in
the express business OF sheltering and
housing the public must bow and sub
NIT to regulation.
Our lawmsking body is restrained
alone by the rule Of reason as TO the
means adopted for the accomplishment
of It's purposes to deny II such powers.
would be subversive TO the principles
upon which II was founded.
"A condition OF affairs existed con-
cerning which our Legislature exercised
It's granted right to enact laws for the
protection of the health and welfare OF
the people. II the end be a legitimate
one all means. which are not arbitrary
and oppressive, but are appropriate and
reasonably adapted 10 that end. are
within the Legislative grant of power
81 think there can be little doubt that
the enactments In question bore just
relation to the protection of the public
within the ecope OF its power and were
reasonable and appropriate in charac'