The Washington herald., 1921-04-19

domain and those conveying police
powers justified the restriction OF
property rights without compensa-
ton in cases of public emergency.
Associate Justice McKenna, on
behalf of the minority, declared that
lit is contrary to the meaning OF
contracts and leases as accepted all
over the world" He also declared
that the attack on the constitutional
liberties contained in the Ball rent
act struck at the very root OF our
civilization"
Prewar Prices Upheld.
The main features of the Ball
rent act were those permitting tens
ants to remain in possession OF
property rented at prewaP prices
as long as they paid their rent and
behaved themselves. The act also
set up the rent commission with
rate-fixing powers and some of the
powers of a court, to decide ques-
tions of rents and custer proceed
ings.
II required two distinctyacts Of
Congress to give to Washington
tenants a law that would stand up
under most any kind of an attack.
The first attempt to solve the rent
situation was made by Senator
Salisbury, of Delaware, and was
known as the Salisbury resolution.
Il was declared Unconstitutional In
the District Court of Appeals-and
was carried to the United States Sn-
preme Court. but was repealed by
the Ball rent act before the latter
tribunal was given an opportunity
to pass upon its validity.
The attempt to batter down the
second rent law began on January
6, 1920. when Louis Hirsh, Landlord.
began proceedings in the Municipal
Court to oust julius Block from the
premises at 909 F street northwest
Hirsh lost in the Municipal Court
and also in the District Supreme
Court. Nothing worthy of being
called a legal contest was carried en-
in the District Supreme Court as
both sides consented to a decree by
Justice Siddons upholding the law ir
order to carry the case to the Court
of Appeals. Ever since the case
originated in the Municipal Court It
has been the intention of both coun-
sci for Hirsh and Block to bring the
question to the highest court. there
being an agreement to that effect.
julius l. Peyser and Jesse c. Ad-
kins. counsel for Block. the tenant,
carried on the fight to uphold the
validity of the law. They did not
lose hope at any stage of the pro-
ceedings. Attorney william G.
johnson. counsel for Hirsh. the land
lord. contested vigorously every
foot of ground gained by his OPP
ponents.
With the backing of the highest
court in the land behind 1t, the Dis
trict Rent Commission will now be-
come the busiest tribunal in the city
1t will take much of the burden off
the shoulders of the Municipal Court
there being approximately, 1900
landlord and tenant cases on its
dockets.
Many New Appeals.
The Rent Commission will also re-
lieve the pressure on the District
Supreme Court caused by appeals
from the Municipal Court. During
the last two months nearly $50 ten
ants have appealed from decisions
In the District Supreme Court. Thus
the Court of Appeals will now be
able to make short work of these
cases as they are reached.
Senator Ball said yesterday:
'Of course this is a great satis-
faction TO all those people who have
given rent commissions in Wash
ington serious thought. Had it been
declared unconstitutional by sus-
tanning the decision Of the lower
court, it is very difficult to forecast
what would have been the living
conditions in our Capital City. For
the proper protection of both the
landlord and tenant, and to encour-
age the building necessary for
proper housing of government en-
ployes, this act may require some
minor amendments. 1t certainly
will be necessary by a legislative
act to extend its life. Since the gem
eral principle of public hostelries
can be legally controlled as to
proper rates, there should be no
trouble in the future in fixing rem
tails that would be reasonable both
for and lond1ora.