Evening star. [volume] (Washington, D.C.) 1854-1972, 1921-04-19
Tie Rent Law Decision.


of the United States, upholding the
District of Columbia rent act, settles
once and for all question which. by
! virtue of its Importance to property
! holders and lessees. has long agitated
the community. Reversing the de-
clsions of the Court of Appeals and
the Supreme Court of the District, the
highest tribunal of the land has pro-
nounced the act in question. under
which tenants are permitted to remain
in possession of rented property at
pre-war rates and rent commission
is authorized to determine fair
rental in disputed questions, as con.
stitutiOnal. The effects of that de-
cision. which had not been generally
expected, will be far-reaching. Land
lords who have, on the basis of the
decisions of the lower courts, ignored
the decisions of the rent commission
are liable to heavy fines or imprison-
ment. in addition to being required to
pay over to the commission double
the amount collected in excess Of
rentals fixed by that body. Officials
of the Washington Real Estate Board
are of the opinion that, with the law
in effect. virtually all construction of
rental buildings in the District will
cease.
1t avails nothing whatever. save as
partial justification for the view
point of the landlords in protesting
against the act in question, that the
decision against them was of the clos.
est possible type, with four members
of the court. including the Chief JUS
tice, adhering to their contentious.
There is but little balm in the fact
that these justices, dissenting from
the viewpoint of the five associates,
hold that the Constitution bars such a
statute as that under consideration in
specific terms and that the act lis
contrary TO the meaning Of contracts
and leases as accepted all over the
world" The majority opinion Of the
court upholds the law, and the ques-
ton is closed.
One phase of the decision should not
ever. in view of what would seem to
be the purpose of proponents of the
act to request of Congress an extern
sion of the period during which the
law is effective. The Ball law was
enacted as a war time meas
ure to meet extraordinary emergency
conditions in the National Capital. The
Supreme Court in unfolding the con-
Of the law (and, general
ly speaking, it is always reassuring
to find that our lawmakers know their |
business based it's decision upon the !
fact that an emergency existed, that !
the exigencies of an extraordinary con- |
dition warranted the legislature in re- !
property rights, and that "a !
limit in time to tide over a passing |
trouble may well justify a law that !
could not be upheld as a permanent !
change" The statute enacted as a !
means Of meeting an emergency and !
upheld as such. and as such alone, is |
due to expire automatically on October |
%. Extension thereof by Congress,
with the wartime emergency passed, |
and normal conditions restored in !!
would change the entire !
of the law. It's constitution.
atty as non-emergency measure |
would then become challengeable and, |
in view of the basis upon which yes.
terday's decision was reached, and the /
Of the strong dissenting
opinion, it is possible that the chal- |
enge would be successful.