The evening world., 1920-10-13
IN
JERSEY TO TEST
RENT LAWS HERE
Marcus Brown Holding Com
pany Tries New Scheme to
DiSpoSSeSS Tenants.


John Caldwell Myer. Assistant Dis
trict Attorney OF the Appeals Bureau
Of District Attorney swans stan.
to-day emphasized that the Marcus
Brown Holding Company had incor-
pointed in New Jersey and had be-
come assignee OF the Marcus Brown
Construction Company. a New York
realty corporation. on Sept 80, thus
permitting the owners OF a thirteen
story apartment house in West eist
Street 70 go. as a foreign corporation.
Into the United States courts to at
tack the consltutionallty OF the New
York Emergency Rent laws Mr.
Myer called attention 70 the fact that
the papers N the case which were
presented 20 Judge Mack in tho
United states District Court were
sworn 20 two days after incorporR-
| ton.
The New Jersey holding company.
incorporated promptly after the pas
sage OF the New York rent measures.
seeks 20 enjoin the New York District
Attorney from prosecuting the land
lord for misdemeanor. as prescribed
by the new laws. n he shUts on heat,
water. elevator and ianitor service. II
also seeks to have the laws declared
unconstitutional and 10 have a tenant,
Arnold Poiiak, who refuses TO yield
his apartment, declared a trespasser.
Judge Mack and two other Judges
will hear argument next Tuesday.
Mr.. Myer said;
Il am informed that tho Marcus
Brown Holding Company hied articles
Of incorporation with the County
Clerk at Newark. N. j., on Sept. 30
OF this year. Tho articles we're writ
ten and nled the same day. the am
davits being sworn 10. before William
Sprague, a Commissioner OF Deeds
OF New York. The capital, / am In
formed. IL $1,000.
my information Is that the inoor-
porators are Marcus Brown Of No.
2l5 West 91st Street. New York. s
shares; Harold Brown. same address,
share, and Louis Brown. No. SO Fort
Washington Avenue. New York.
share. The corporation IL author
ICED TO maintain Offices and keep
books within or without the State Of
New Jersey and to hold meetings at
such places as the Board OF Directors
I a - UasHH
maintain It's principal registered ONCE
In New Jersey. This once Is at No.
2i6 Highland Avenue. Newark. The
FISCAL agent Is william Brown Of that
address. The purpose OF the corpo-
alton Is to deal IN all sorts OF real
estate and buildings, 10 acquire, hold,
maintain and sell.
1T is peculiar. 10 say the least. for
corporation owning New York
realty 10 transfer to a foreign eorpor-
alton. particularly as the incorpora-
tors seem 20 be Identical with those OF
the New York corporation. or course,
this gives them access 10 the Federal
courts. Even though the Judges Of
tho New York courts are elected by
the people OF this state while the
Federal Judges are appointed for life
or good behavior. this landlord has
not taken recourse 20 the Now York
courts This New Jersey company
was Incorporated for $1,000 In It's
papers, the plaintiff sets forth that
It's apartment house at No. 2l6 West
stst Street is thirteen stories high
and was assessed for taxation pur-
poses at N,075,OoO.
Whether this Is fair test OF the
constitutionality OF the emergency
rent laws, inasmuch as the defendant
Pollak was notified TO give possession
as early as last March. am not pre-
pared TO say. That doubtless will BIO
brought out by Pollak's counsel. But
can give assurance to all tenants
affected by this phase OF the law that
the District Attorney will fight stub
bornly 20 retain the duty OF prose-
cutting landlords who freeze out ten
ants by shutting on heat or water"
In It's original complaint the plaintiff
holding company set forth that the
two-year lease OF It's tenant Arnold
Pollak, expired Sept 30 last, the same
day the company Incorporated. that In
February the landlord leased the
apartment 10 Minnie h. Griten az an
advance OF 800 a year over the 81, 600
rental Pollak was paying; that on
March / last the landlord notified
Pollak that his apartment had been
leased 70 another, who would take
possession on Oct 1. The plaintiff
alleged that Pollak had Interpreted the
new rent laws as authority for not
aurrendorinE his apartment.
When the case came up on Judge
hack'B calendar last Friday Il was
announced that three Judges must oil
whore the oonBtitutionality OF a STATE
law Is attacked, at least one turist q
be OF tho Supreme or Circuit Courta
Also, the Attorney General for the
State and the Governor have to be
served With notice, which had not been
done. The prayer for relief did moi
specifically ask for the Injunction
against the District Attorney, although
counsel for the landlord promised "a
rectify these points In an amended
complaint Assistant District Attorney
Myer said he was interested only IN
preserving the night OF the District