Evening star., 1921-08-09
Amendments Adopted by
Committee of the Whole
Ratified by Senate.
Fletcher LEADS ATTACK
ON MEASURE AS ILLEGAL
Borah Also Declares Bill, Under
War Power, Has No Consti-
tutioual Bas

The Senate this afternoon resumed
consideration of the Ball Dill 10 eA
tend the rent law of the Dlstrict. Inc
amendments heretofore presented os
Senator Ball in behalf of the COM
mi,tee were adopted, and the bill vas
reported from the committee VI '"e
whole to the Senate. when ratiheu
the amendments adopted by the COM
mittee of the whole.
The committee of the whole stFueN
out the proposed new action prosiu,
ing that a property owner VINO .""
.o1,scted excess rent could have thlrtS
davs to return the rental
senator Borah. discussing the DILL
declared the whole theory upon
which these war powers are eAtehueo
has no basis in the Constitution
Fletcher Takes Floor.
Senator Fletcher of FLORIDA 'o''>
tho floor to enter upon a dlscussioh
of the constitutional 1spects OF 'he
bill ,a tbare is
nn situation in the Dlstrlct '1uas
which calls for this oras.i. Go
arbitrary and unfair He sald .heIe
arc MANY buildings for rent ana one
.ntire building in the so'erh'iie"'
hotels is vacant. ;,.,,s
He said satisfies hled Ds IahMa .,
the government and real esta.e
,da,ers showed that the housing
oIndirion is not so bad. aitnoush
very few buildings nave peeH
erected for rental purposes: MOS. v.
1he constructions, he sald' Is
do no want to come under tne rent
law. s Tho sense
of the act on the ground that IL was
not sound in principles anu
tics11v compelled the conf1scatioh oi
private property.
s.e. SOLUTION I'm Building.
Senator FIetcher sad that the way
=, reduce rents is tc increase the
,u,,ber of apartments and buildings
that are for rent
1T may be that people to some eSr
tent are building, said Sena:o. ..t
Fletcher, but they are DOING !. VIZ
The idea that the law is not to De eA.
ended" Mr. Fletcher declared tnat
the emergency had arisen from the
fact that the shortage OF housins
created a public interest IN such ID
cilities which justified such resuia-
tion. c,.,or
Fletcher in a general discussion OF
the pcwers of Congress unoer the
Constitution in times OF peace anu
war. contending that the Constitu-
lion holds as good in war as IL aoes
So ne.ce He denounced as vicious
foctrine the suggestion that congress
can do anything it pleases IN time
of war in order to win the war.
uckelIar Defends Right.
Senator McKellar of Tennessee
vigorously defended the right OF Con
gress to enact rent legislation lor
the District. I'm dealing win the peoa
bound by the provisions of the Consti-
tuition, but where the Constitution rs
silent we have complete authority III
any matter.
The senator from tennessee in.e a
runted Seuntor Eorah as the latter
declared that I'VE are assuming that
afte- war is actually closed. to ex-
ercise powers which the supreme
Court decided could be exercised only
during war ~ss
over the District it's AFFAIR."? asked
Senator Mcclellan.
Gould we deny a citizen of the
District the right of trial by jury!
asked Mr.. Borah.
"Oh. no." said Mr.. Mcclellan. but
We have a right to do what IS ho'
prohibited by the Constitution
At o'clock, when the unfinished
business of the Green bill came up
Senator Ball asked unanimous con-
sent to lay the unfinished business
aside temporarily and proceed WIN
consideration of the rent act. Dut
Senator .PoindeXtar of washington
objected ard the rent bill went over
/, be brought up when the next cal
erdar is in order.
senator Balls Amendments.
Senator Rails amendments provide:
I. For the appointment OF an at
.torney at a salary of $4,000 per an
nun. 20 be selected by the rent COM
mission. x,ass
rents collected over and above tne
rentals fixed by the commission. TINS
refunding to be made within ten
DAYS after passage of the law ana
on the service of proper notice oy the
commission. :;sa;.-
:. For the removal from 1urisdlG;I1
,ion of the rent commission OF all
business properties, excepting those
narts of hotels and apartments "hich
are used for living purposes