Evening star., 1921-04-18

asserted and the validity Of such reg
ulation has been settled since Nun
VS.. Illinois. "a U. S., 113.
Only as Temporary.
ut is said that a grain elevator may
go out of business, whereas here the
use is fastened upon the land. The
power to 60 out of business when it
exists is an elusive answer to gas
companies and water works. but we
need not stop at that. The regulation
Is put and justified only as a tempo
rary measure. A limit in time to tide
over a passing trouble may well
justify a law that could not be up
held as a permanent change.
Machinery is provided to secure
to the landlord a reasonable rent. II
may be assumed that the interpreta-
ton OF reasonable will deprive him in
part at least of the power Of profit
ing by the sudden influx of people
to Washington caused by the needs OF
government and the war, and thus
of right usually incident to for
tunately situated property of a par,
OF the value of his property. But while
1t Is unjust to pursue such profits
from a national misfortune with
sweeping denunciation, the policy OF
restricting them had been embodied
In taxation and is accepted.
Cites Usury Laws.
1T goes little. if at all. farther than
the restriction put upon the rights of the
owner Of money by the more debatable
usury laws. The preference given to
the tenant in possession is an almost
necessary incident Of the policy, and is
traditional in English law. II the tenant
remained subject to the landlords power
to evict. the attempt to limit the land
lords demands would fail
assuming that the end in view
otherwise justifies the means adopted
by Congress, we have no concern, of
course, with the question whether those
means were the wisest, whether they
may not cost more than they come to
or will effect the results desired. 1t is
enough that we are not warranted in
saying that legislation that has been
resored to for the same purpose all over
the world is futile or has no reasonable
relations to the relief sought.
THE statute is objected to on the
further ground that landlords and
tenants are deprived by it Of a trial
by jury on the right to possession of
the land. If the power Of the commits
sion established by the statutes to
regulate the relations is established.
as we think it is. by what we have
said. this objection amounts to little.
Courts Have Last Word.
ITO regulate the relations and to de-
eide the facts affecting il are hardly
separable. While the act is in force
there is little to decide except whether
the rent allowed is reasonable, and
upon that question the courts are
given the last word
"A part OF the exigencies is to Sc
cure speedy and summary admins
tration of the law, and we are not
prepared to say that the SUSPENSION
of ordinary remedies was not a rea-
sonable provision of a statute reason
able in its aim and intent
s'The plaintiff obtained Judgment on
the ground that the statute was void,
root and branch. That judgment must
be reversed"
The case decided was that of julius
Block against Louis Hirsh. in error to
the Court of Appeals of the District
of Columbia.
Justice McKenna's Opinion.
Justice Mckenna, in his dissenting
opinion concurred in by the CHIEF
Justice and Associate Justices Van De-
vanter and McReynolds, said:
The grounds of dissent are the ex
plicit provisions of the Constitution
OF the United States; the specifica-
| tions OF the grounds are the irresist-
ioie deductions from those provis-
ions, and, we think. would require
no expression but for the opposition
OF those whose judgments challenge
attention.
The national government, by the
NTH amendment to the Constitution.
and the states. by the fourteenth, are
forbidden to deprive any person of
life. liberty or property. without due
, process of law A further provision
OF the NTH amendment is that pri
/ Vate property cannot be taken for
, public use. without just compensa
ton. And there is special security
to contracts in paragraph 10 of arti-
Gle ! in the provision that no state
shall pass any - law
lmpairing the obligations of con
tracts. These provisions are limita
tions upon the national legislation
with which this case is concerned
and limitations upon state legislation,
with which Marcus Brown Holding
| Company VS.. Feldman ct al. is con.
| cerned'
Continuing. Justice McKenna said.
The statute in the present case is
denominated the rent law and its
purpose is to permit lessee to con-
tinue in possession. of leased premises
| CONTINUED @ lAmn = Pa9a -