Evening star., 1920-11-16
'F|[EiSU|T TOHA[T
RENT BOARD CASES
Southern Building Owners
Declare Commission Un-
constitutional.

The District Court of Appeals was
asked today for writ of prohibition
to prevent the rent commission of
the District of Columbia from pro-
ceedlng to entertain complaints of
certain tenants of the Southern build
ing at 18th and H streets northwest.
The Southern Realty Corporation.
owner of the property. charges that
James F. Oyster, A. Leftwich Sinclair
and Mrs. Clara Sears Taylor. "un-
lawfully and illegally attempting to
function under an unconstitutional
act of Congress of October %. 1919.
and still arrogating to themselves the
title of the rent commission of the
District of Columbia proceeded to
assume jurisdiction of the complaints
of certain tenants after the Municipal
Court had awarded judgment for pos
session against the tenants and while
the appeal of the tenants is now pend
ing in the District Supreme Court.
Would stop Complaints.
Unless prevented, the landlord says.
the rent commission will continue to
counsel. and will cause the corpora
ton to suffer irreparable injury and
loss. by melting other tenants to be-
come dissatisfied and litigous. and
by subjecting the Southern Realty
Corporation to the expense of defend
ing a multiplicity of suits. The court
is also asked to grant a writ of prohi-
bition against the complaining ten
ants to prevent them from further prose-
cutting their complains before the
commission.
The court is told that proper notices
~ All
proofing Company. Marion Butler.
Tracy L. Jeffords. Edwin c. Dutton.
Claude N. Bennett and Rexford L.
Holmes, and eviction proceedings
against them instituted in the Munici-
pal Court, where judgments for pos
session were rendered in favor Of the
Southern Realty Corporation. From
to the District Supreme Court. where
the appeals are now pending. Despite
the tendency Of these proceedings In a
court OF competent jurisdiction, 1t Is
stated. the rent commission assumed
jurisdiction and issued notices OF COM
plaint against the company.
49, Commission- Denied Plea.
Attorneys James B. Archer. John
Lewis Smith and 8. Duncan Bradley,
for the owner. entered a special ap-
pearance before the commission and
pleaded the decision Of the Court of
Appeals holding the Ball rent law un-
constitutional The rent commission
overruled the plea to the Jurisdiction,
the court advised. and Is about to pro-
ceed with the cases in which the COM
mission assumes the right to deter
mine the values and proper rentals of
the company's property. Such mat
ters involve intricate. technical and
expert investigation. the court is told.
into the original and replacement
costs Of buildings. depreciation, main
tenance and the like.
Even il the commission were con-
stitutionally authorized to conduct
such inquiries. the petitioner states.
it has not been properly or adequately
furnished with the means or ma
chinery to justly arrive at a fair and
equitable decision or to conduct the
proper Investigations.
The application for the writ is
signed by Gen. Robert J. Wynne.
president of the company. Gen.
Wynne formerly was Postmaster Cen
eral and consul general to England.
Under the rules Of the court the
| commission has two days in which to
file it's objection to the issuance of
the writ before the petition is passed
| on by the appellate court.