The Washington times., 1920-11-21

| committee.
that the case did not present for de-
cision. either directly or by unneces-
sary Implication, the power OF Con
gress to regulate rents or the valid
| ity OF the provisions directed to that
end" says Mr.. Classic.
SOURCE OF OPPOSITION.
ITO deny Congress power to reg
ulate rents and conditions OF occu-
pancy under the existing situation In
the District OF Columbia Is. in effect.
to assert that the police power can
never. under any conceivable circum-
stances. >extend to that subject. For
| II rents be subject to control In any
case whatever. the Congressional
declaration that their regulation at
the seat OF government Is essential
to public health and unembarrassed
transaction of the public business Is
conclusive"
Mr.. Classic believes that much OF
the opposition to the regulation of
rents arises from "the mere novelty
OF the application" which he Is OF
the opinion Sarises from the ancient
and sacred idea that a man has abso-
lutte and inherent right to his prop
erty. However. he declares, that ever.
changing social conditions have given
an entirely different aspect to such
a view and that property has come
to be a public interest.
STATUS OF OWNER.
! when the owner Of a building de-
signed for human habitation does not
Use IL himself" he says. but offers
to exchange its use In return for q
money compensation, he becomes. in
effect. under the conditions OF modern
life. the purveyor Of commodity
which, like food and clothing. Is one
of the primary necessaries of life,
He becomes a vendor Of habitation
space. In the relation thus consti-
tuted. there is nothing essentially
personal-and II Is manifestly i'm
possible to say that the prices to be
charged for the exchange of this
commodity are exempt by their very
nature from all possibility of legisla
tive regulation"
In the fight against the Ball act
and its enforcement the right TO
regulate a property right has been
one of the principal lines of attack.
Mr. Classic on this point concludes,
that not only does the right to regu-
late property exist but that IL must
essentially exist where the use OF
certain classes of property Is so
bound up with the characteristic life
OF the community and the operations
of the government that both will suf-
fer utter disorganization unless fair
and stable conditions are maintained
in respect of the terms of such use"
EMERGENCY EXISTS.
Mr.. Classic continues. cit Is there
fore open to the courts to inquire,
not indeed whether the legislature is
right in its conclusions that a public
| interest exists and needs protection
but whether there is any rational
foundation upon which 1t might be
deemed to exist. In other words. the
| judicial function here, as in other
cases Of the ILLUMINATION Of legisla-
tive authority, Is to distinguish be-
tween that which is palpably arbi-
| trary, irrational and unfounded, and
that which may fairly be said to have
a basis in reason and social fact. al
though legislatures and judges might
we'll differ as to the precise con
illusions which ought to be drawn
from the available evidence.
Congress has declared in the mos
direct and positive manner that such
an exceptional situation does in fac
exist in the District of Columbia
Clearly a heavy burden rests upor
! those who challenge that declaration
1t is incumbent upon them not, in.
deed, to disprove the existence OF con
ditions which Congress has thu:
solemnly ascertained and declared
but in effect to establish that no sucf
conditions are nationally conceivabl,
as amounting to a public interest
! For no one will now contend that tn,
common law is incapable OF applying
the concept of public interest wher
ever new social and economic condi
tions actually bring such an interes
into being.
"What we are concerned with is thu
practically universal popular convic
ton that the housing situation is in
tolerable and that it transcends thu
mere private interest of the partie!
and affects the community atlarge.
1.-THE law-making bodies of severa
States, as well as Congress legislat
ing for the District, share that con
viction. Under such circumstances 1
seems impossible to say that emer
gency legislation which recognize
that public interest and seeks to pro
a.. II