Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-10-07
HINT LANDLORDS
! CREATE SHORTAGE
!, TOJUST|FY RENTS
Justice Department Official
! Forecasts Congressional
Action in D. c.

which have prevailed here for the
last three months will not be tolerated
by Congress, was expressed today by
Classic OF the Department of Justice
Mr. Classic is in full charge OF the
campaign of the Department or JUS
tice against profiteering in rents.
The suspension of rule 49, by the
District Supreme Court, delaying
nicipaI Court for number Of months,
was entirely justified, declared MT.
Classic when queried regarding this
step.
with respect to the rental situa-
ton In general" Mr.. Classic said,
there would seem to be evidence that
the acute house shortage. which is
put forth as the justification for in
creased rentals. no longer exists, or
exists only in q much less stringent
form. 1t is to be feared that there
Is an effort to create a fictitious short
age BY giving wholesale notices to
quit without disclosing to tenants
what rent would be acceptable it is
possible to create for the time being
an apparent stringency.
How this would work can be made
plain by assuming. for illustration.
that all people living in rented houses
or apartments were given notice to
quit on the same day. Although there
might be ample accommodations for
everybody. the resulting displacement
would cause an apparent intensified
ton of demand, which would send
prices skyward.
Although a thorough survey OF
housing conditions might possibly
show that there were ample accom-
modations for the whole population,
the eviction of tenants in large num-
Ders at or about the same time, fore
O tn
tiers. leads them to believe in short
age. Hence the prices. Once the ten
ant has committed himself ne is lost.
Congress May Act.
Surely everybody must realize that
no legislature will tolerate the con-
tinuance of the conditions which have
prevailed here for the last three
months" Mr.. Classic went on
whether we are to have the mild
and equitable operation Of a law pro-
viding for the impartial determine
ton OF fair rents. or far more radical
ana draSt1c statutes. such as have
been enacted in New York. or, per-
haps, searching exercise Of the tax
ing power. it seems equally plain
that people are not going to be left
to do what they like. All of us ought
to remember that Congress still holds
in reserve the practically unlimited
agency Of taxation. Not one of the
many experienced legislators in either
House would find it difficult to draft
a tax law which would not only
mold things down in the future. but
extract from the owners pockets sub
stanttany all the increment in rental
income receiyed for some time past"
1T is difficult to find any warrant for
The criticism which some members Of
tne bar are reported to have made upon
me recent action OF the District Supreme
Court" he pointed out. 81 think any
intelligent person, whether layman or
lawyer, can satisfy himself of this il
n bears in mind one or two simple
considerations.
Explains Rule 10.
In the first place, every one knows
that the Court of Appeals. in any case.
whether the first or another, in which
It might ad1udge the BAH act unconsti-
tucsnal, would permit the tenant 20
supersede the Judgment and remain In
POSSESSION, pending appeal, upon giving
security covering damages and compen-
sation for occupation. Now the per-
sons Affected by the abrpgation of rule
II stand in the same situation
The judgments which the Municipal
Court, following the Court of Appeals
opinion as the rule Of decision, have
given against them have been duly
superseded upon undertakings secur-
ing the landlord for Intervening dam
appeal. Those undertakings continue
in force until final judgment. Mani
festly, there is no reason for sending
on their way to the Supreme Court Of
the United States so or 500 cases
involving identical questions. Nor
should one think that the Supreme
Court would approve any such courses
The effect of the abrogation of rule
-, therefore. Is primarily to obviate
loading up the calendars with super
huous appeals until the Supreme Court
has had an opportunity to pass upon
at issue.
I'm the second place. the supposed
injury to purchasers desiring to 20
into possession is imaginary rather
than real. The much abused Ball act
itself makes due provision for the re-
who honestly wishes to occupy the
property himself. In that respect, a
purchaser Is in just as good a position
today as he ever has been.
Rule . Doubtful Innovation.
The third point is that rule 10.
the abrogation of which is spoken OF
as II 1t were a violation Of Magma
Charta, is itself an innovation, and a
somewhat doubtful innovation at
that. For half a centuryIin fact
since 1864-we have had in this Dis
trict summary statutory landlord
and tenant proceeding. and most Of
the time 1t worked without the aid
of any such rule as 10. No such rule
is to be found in the rule book of 1894
or 1898. Or 1875. A party in possess
sion has q common-law right to a
regular trial before a court and Jury,
The summary statutory proceeding
before the Municipal Court is condi-
toned upon the recognition of the
defendants right to appeal to a court
where he can get such a trial.
In order to avail himself of this,
however, he is required to give Sc
curity indemnifying the landlord
against loss in the meantime When
he has done this and docketed his
appeal he is entitled to a trial accord .
ing to the course Of the common law.
And until this rule 10 was promul-
gated. in 1913. that was what he al
ways got. At the time conditions
were such as to lead the court to be-
lieve the administration Of Justice
would test the legal sufficiency Of
every defense and permit summary
judgment without trial where the de-
Tense was seen to be manifestly bad
in law. When it becomes evident that
such a rule operates to duplicate op-
pressive appeals and aggravate costs
and to discriminate against Those
who have not long purses for litiea-
ton, 1t works injustice and ought
to be abrogated. In taking that stem
the judges of the District Supreme
Court show that they are, in the Lam
guage of one of the laws sages, judges
wise and valiant"