Evening star., 1921-04-18


Force Of Declaration.
After reviewing the history of the
case. Mr. Justice Holmes continued:
NO doubt it is true that legis-
lative declaration of facts that are
acting rule of law, for instance.
that a certain use is public one,
may not be held conclusive by the
courts, but a declaration by a ieS1s-
lature concerning public conditions.
as by necessity and duty 1t must
know, is entitled at least to great re-
spect.
"In this instance Congress stated a
publicly notorious and also Worldwide
fact That the emergency declared by
the statute did exist must be assumed.
and the question is whether Congress
was incompetent to meet it in the way
in which it has been met by most OF
the civilized countries of the world.
The general proposition to be MAIN
tanned Is that circumstances nave caotneo
the renting Of buildings in the District
of Columbia with public interest 50
great as to justify regulation by law.
Plainly circumstances made no cnange
in time or difference in space as TO ciotne
with such an interest what at otnef
times OF in other places would be mat
ter Of purely private concern.
Extent Of Public Interest.
ut is enough to refer to the de-
cisions as to insurance, as 70 lfrlsa-
illustrate what hardly would be de-
MED. They illustrate also that the
use by the public generally OF eaen
specific thing affected cannot De
made the test Of public interest ana
that the public interest may extend
to the use of the land. They dispei
the notion that what in it's aspect
NAV be only a private transaction
may not be raised by it's class or
character to public affair
The fact that tangible property Is
also visible tends to give a rlgidlty
to our conception of our rights IN
il that We do not attach to other less
concretely clothed. But the notion
that the former are exempt from the
legislative modification required from
time to time in civilized life is con-
tradicted not only by the doctrine
of eminent domain. under which what
is taken is paid for. but by that OF
the police power in its proper sense.
under which property rights may be
cut down and to that extent taken
without pay.
Under the police power the right
90 erect buildings in CERTAIN quar-
ter of city may be limited from 80
10 100 feet. Safe pillars may be re
0uired in coal mines. billbOards in
cities may be regulated, watersheds
In the country may be kept clear. .
These cases are enough to estab-
lish that public exiSency VIII. JUS
tify the legislature in RESTRICTING
property rights in land to a certain
extent without compensation. But il
TO answer one need the legislature
may limit height, to answer another
IL may limit rent We do not per-
ceiye any reason for denying the JUS
tification held good in the foregoing
cases to a law limiting the property
right. now in question il the public
exigency requires that.
The reasons are of different ma
ture but they are certainly not less
pressing. Congress has stated the un-
questionable embarrassment of gov
erRment and danger to the public
health in the existing condition OF
things The space in Washington is
necessarily monopolized in compare
lively few hands. and letting portions
of IL is as much a business as any
other. Housing is necessary of
life. All the elements of public In
terest justifying some degree of pub
lie control are present. The only mat
ter that seems TO US open to debate
is whether the statute goes too far.
Might Become Confiscation.
For just as there comes a point at
which police power ceases and leaves
eminent domain, il may be conceded
that regulations of the present sort
pressed to certain height might
amount to a taxing without Que
process Of law
deal with this case as concerning the
Perhaps IL would be too strict to
requirement of thirty days notice.
For. although plaintiff alleged that he
wanted the premises for his own use.
the defendant denied it and might
have prevailed upon that issue under
the act. The general question to
which we have adverted must be de-
cidcd il not in this, then in the next
case and il should be disposed of now.
The main point against the law is
that tenants are allowed to remain
jn possession at the same rent that
They have been paying unless modi-
fed by the commission established by
the az. and that thus the use of the
land and the right of the owner to do
what he will with his own and to
make what contract he pleases are
cut down.
But if the public interest be es-
1RbliShcd the regulation of rates il
Gne Of the first forms il which y Is