The Washington herald., 1920-06-23
GOVERNMENT LOSES
FIGHT ON MUNICIPAL
COURT RENT RULING
CONTINUED FROM PAGE ONE.

cidres specfncally tnat the entire
act Is totally void"
Classics contention that the APP
pellate Court did not disturb the
rent fixing powers of ths Rent Com
mission Is refuted In the mandate.
This contention was the sole basis
of an argument that lasted three
hours in Judge Terrelrs courtroom.
The only relief now>in sight from
a condition Classic described as
chaotic and disgraceful. can now be
had only through the United States
Supreme Court or, Congress.
There was a slight let-up yester-
day morning in the number of land
lord and tenant cases, filed because
Iof the pending argument. and as
soon as Judge Terrelrs court opened
there was a grandstand rush of
lawyers to the bench to have cases
decided before the arguments
started.
During the argument the views
of both landlord and tenant on the
situation were presented. Chaplin
Bauman and C. H. Merillat appeared
on behalf of the landlords. while
Classic and Syme argued from the
tenants point of view. No par
ticular case was argued, but the
whole rent situation was presented.
Rent Act Totally Void.
Judge TerrelFs opinion. which set
ties the matter as least until Con-
gress or the highest court acts,
reads:
Upon consideration of the opinion
of the Court of Appeals in the
r. oh nd 70
OF that opinion in the McCatharan
case l do not see how it is possible
for the Municipal Court to make
any ruling that would even appear
to be an effort to get away from
the plain language of the decision
declaring the Ball rent act totally
void
The Appellate Court has en-
phasized it's opinion as to the un-
constitutionality of the act OF Con-
gress by which the Ball rent COM
mission was created. 1t has di-
rected the Municipal Court to pro-
ceed in the latter case, which had a
partial hearing in this court and
which went to the Supreme Court
of the District of Columbia on ap-
Iplication of the plaintiff for writ
of mandamus.
Must Continue Lines.
Therefore, notwithstanding the
argument made before me today by
counsel representing the Depart
ment of Justice. which presented so
powerfully housing conditions as
they have existed here since the
United States entered the great war.
/ am of the opinion that this court
must continue along the lines of
procedure in landlord and tenant
cases which has been its rule since
the highest local judicial tribunal
spoke in the case of Htrsch VS..
Block 1 cannot see no wthe Munic-
ipaI Court can take any other
course than the one along which 1t
is now moving in these all-impor-
tant cases. 1t is far better to have
some definite rule of law and court
procedure than to attempt some
thing that would again throw the
community into confusion as to
rental conditions and the remedies
between landlord and tenant in the
District of Columbia. Under the
circumstances I am of the opinion
that there can be no relief to those
who feel themselves aggrieved by
Ine &c II 10 hON' CNNOpN os
some further action of the court of
last resort or by some legislation in
Congress.
THE motion, therefore. to recon-
slider the rule laid down in the
prosecution of landlord and tenant
proceedings in this court is over
ruled"
1T still remains true" said As
sistant Attorney General Henry H.
Classic last night when informed
of Judge Terrelrs decision, that
landlords who charge rent in ex-
cess of that declared by the Rent
Commission to be fair and reason
able are subject to prosecution IL
the United States Supreme Court
upholds .the rent law.
This also applies" said Classic.
"to the landlord who evicts one
tenant and charges the next tenant
a higher rental than the evicted
tenant paid.
Nothing has been definitely de-
tcrmined as yet. The next step in
the controversy. as / see IL. will
be. think. that the government
will be heard by the Court of Ap-
peals and by the United States Su-
preme Court when other cases reach
those courts on appeals from the
Municipal Court