Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-19
new YORK RENT
LAWS UPHELD BY
SUPREME COURT


of property rights is justifiable in
case of public exigency, the Supreme
court held today in deciding two
cases involving the validity of laws
affecting leases on apartments and
business property. -.
Dividing five to four, the court up
held the Ball act, applying to real es-
tate in the district of Columbia, and
the so-called New York city housing
laws in both cases, Chief Justice
White and Associate Justices Nc
Kenna, McReynolds and Van Deven-
ter filed dissenting opinion, which
was declared to be unusual both as
to it's length and the forceful Ian
guage employed.
The Ball Act prohibits the dispos-
session of a tenant at the expiration
of his current lease on any ground
except underisability. and has set up
a fair rent commission to pass upon
all disputes as to rates being paid.
The New York laws, including sew
eral sections of the state statutes,
make it obligatory upon landlords to
furnish service to tenants and pro-
hibit the filing of disposses suits.
THAT the emergency congress
sought to meet Gin the Ball Act) did
exist must be assumed" Associate
Justice Holmes said in the majority
opinion. 1.-THE general proposition to
be maintained then is that circum
stances have clothed the letting Of
buildings in the District of Columbia
with a public interest so great as to
justify regulation by law"
Police powers already have been
invoked in several cities to limit the
heights of buildings, he said. and to
that extent have interfered with
property rights. while the Supreme
court had held in suits involving
maintenance of watersheds and vari-
Gus phases of the insurance business
that public interest might require
limitation Of property rights.
I'VE do not perceive any reason for
denying the justification held good in
foregoing cases." he continued, "to a
law limiting rights Of real property
if the public exigency requires that"
The majority opinion pointed out
lidl tHc piOpcIly OWUeT ndu RECOURSE
to the rents commission in Washing
ton and to the courts in New York for
determination as to "a fair" rental.
THE grounds for dissent are the ex-
plicit provisions of the constitution of
the United States" Associate Justice
McKenna said in the dissenting papers.
that national government by the fifth
amendment and the states by the four
teenth are forbidden to deprive any
person of life, liberty or property with
out due process of law. A further
provision of the fifth amendment is
that private property can not be taken
for public use without just compensa-
ton.
THE statute permits a lessee to
continue in possession of leased prem
ises after the expiration of his lease.
This is contrary to every conception
of leases the world has ever enter
tanned.
IF such exercise of government be
legal, what exercise of government is
! illegal? Houses are necessity Of
! life. but other things are as neces-
sary. May the government take and
dispose of them?
IF the public interest can extend a
lease, it can force lease. the differ
ence is only in degree and holiness.
The prospect expands and dismays
when we pass outside of considerations
! applicable to the local and narrow con-
ditions of the District of Columbia.
Has it (the constitution suddenly
become weak? Has it become an an
achronism, and is it to become AN ar
Genealogical relic something to en-
gage and entertain the study of anti
quarians?
There can be no conception of
property aside from it's control and
uses. Protection to it has been re-
garded as a vital principal of repub-
iican institutions. Our social system
depends upon its sanctfty and tne state
or community which seeks to evade IT
will soon discover the error in the
disaster which follows"