The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-22
GET WRIT TO ANNUL
DISPOSSESS SECTION
Realty Lawyers Believe They
Have Found Vital Flaw in
Rent Legislation.
COURT HEARING MONDAY
Claim Bill Passed Did Not
Comply With Call Issued for
Special Session.

That Section e42 OF the laws OF 1920.
the most vital part OF the new rent
laws was not passed In accordance with
provisions of the State Constitution pro-
viding for special legislative session. is
the charge made in the latest attack on
the emergency legislation. Papers filed
in an action by attorneys Of the Real
Estate Board acting for the Durham
Realty Corporation, 511 Fifth avenue.
allege the measure passed by the Legis-
lature and that called for by Gov. Smith
in his message to the Senate and Assem-
bly, are entirely different. The action is
TO have Justice Edward 3. La Fetra of
the City Court show cause why he
should not issue a precept for a dis
possess
Justice Mullen of the Supreme Court
issued the order for Justice La Fetra
to show cause on the application OF
George L. 1ngraham. 1t is returnable
Monday before Justice John V. McAvoy
ir Part l. of the Supreme Court.
Notices OF the action have been served
Counsel and Charles r. Newton. At
torney General so the city and State
may be represented, 1t is conceded by
the attorneys for the realty company
that the action is virtual test of the
consututionality of the most vital one Of
the new rent laws that which relates
to dispossess proceedings.
Discovered mt Albany.
The allegations of Irregularities IN
the passage of Section 9i2 are based
on certain conditions Edward p. Doyle
of the Real Estate Board and a. G.
McNulty of counsel for the board are
said to have found at Albany. Both
Mr.. Doyle and Mr.. McNulty examined
the minutes of the Senate and Assem-
bly, and the communications that passed
between Gov. Smith and the two bodies.
1T Is a difference between these letters
and tho subject matter of Section Si2
on which the charge is made that the
provisions of the State Constitution
have been ignored.
Gov. Smith asked the Legislature to
enact measure suspending the right OF
summary proceedings in all first class
cities and the counties Immediately adj
Joining Such a bin was introduced In
the Senate and passed. IT was sent 10
the Assembly. where. it is charged by
counsel for the realty company, it was
amended to include only cities of 1,OOO,-
900 population or more and adjoining
counties, thereby eliminating such cities
az buffalo and Rochester The amended
bill was sent back to the Senate and
passed.
Section is of Article 8 of the State
Constitution provides that before bill
can be passed il must have laid for
40 Orin nd IN re
on the desks of the Legislators, unless
special message from the Governor
characterizes 1t as an emergency meas
ure. in which event Il can be sent d.
rect to the Executive.
Rushed Through Too Fast.
The charge is made that Section $40 of
the Laws of 1920 did not lay on the.
legislators desks for three days, as
provided by the Constitution, but was
sent direct to Gov. Smith in accordance
with letters he had sent the Senate and
Assembly. These letters. it Is said.
were identical to both houses of the
Legislature and called for bill au-
thorizing suspension OF summary pre-
ceedings in first class cities. The bin
sent 10 him for signature, II Is charged.
authorized the suspension only in cities
of 1000, 600 population and over.
Mr.. Doyle ana Mr.. McNulty, IN exam
lining the official records found that
there was great difference in the let
ters from Gov. Smith sent to the Senate
and Assembly. The one to the Senate
calls for bill applicable TO first class
cities { hat to the Assembly one for
cities Of 100000 population and over.
Close examination of the letters. II Is
said, showed that on the one sent to the
Assembly a typewriter slip had been
pasted over the phrase first class
cities" which made the sentence read
cities of 100000 population and over"
This was called to tho attention of
clerk It il charged. and he pulled the
sticker off. revealing the original type
writing.