New-York tribune., 1922-03-21
L. S. High Court
Holds n. \. Rent
Laws Are Valid
emergency Statutes Passed
in 1929 Within Police
Power of Stale. Supreme
Bcncif Finds in 3 Actious
Public Welfare Is Vital
Relations Between Landlord
and Tenant No, Private,
Justice Clarke Declares
From. The yrieune's Washington Bnreau

rrons The Tribune's Woshsnotoh Bnve1u
WASHINGTON, March 20-Consti-
tutionality of the emergency housing
avs Of the State Of New York was up
hcld blythe Supreme Court of the
United States to-day in an opinion
handed down by Justice Clarke cover
,ng the cases Of the Edgar A. Levy
Leasing Company, Inc, vs.. Jerome
Siegel, and West End Avenue, Inc, VS..
Henry K. Stern. Thc two cases were
disposed OF together and the decision
OF the Supreme Court of New York
vas upheld, with Justices McKenna.
Van Dcvantcr and McReynolds dissent
.re.
IN the first case, Siegel refused to
'ay increased rental on the ground
that it was unjust. unreasonable and
oppressive and asserted his right to
continue in possession under the cmer-
wcncy acts. In the other action Stern
refused to surrender possession after
expiration of his lease, and set up the
light to retain possession under the
emergency housing laws.
The court refers to the emergency
statutes as "obviously resort to the
police power TO promote the public vel
fare"
Acts Declared Consistent
They are a consistent interrelated
group OF acts essential to accomplish
their professed purpose" in the Ian
yuage of the court
The warrant for this Legislative
iro
Clarke says, was the conviction on the
part of the state Legislators that there
existed in the larger cities of the state
81 social emergency, caused by an IN
sufficient supply Of dwelling houses
and apartments. so grave that it con-
etitutcd serious menace to the health,
morality, comfort and even to the peace
Of large part of the people of the
state. That such an emergency. if it
really existed. would sustain a resort,
otherwise valid, to The police power
for the purpose of dealing with il can
not be doubted, for, un]css relieved,
the public welfare would suffer in re
spects which constitute the primary
and undlsputed. as we'll as the most
usual basis and justification, for ox-
crcise of that power"
The court cites thc steps taken by
tho Governor in January. 1919. through
the Reconstruction Commission and
the Legislature, through a joint legis-
'ative committe on housing. to get at
;ho facts so a. to agree as to the short
aee Of houses and as to the wide
rpread distress" the eXtortion and the
rent profiteering,' resulting in "ir-
'anitarY conditions. disease. immoral
~. discomfort and widespread social
Gisconteut"
Justice Clarke says the court is not
disposed to ignore "the notorious fact
lhat d grave social problem has arisen
from the insufficient supply of dwell
i0cs in all large cities of this and
other countries.' aud also saws the
courts must give great respect to the
lea islative decision that an emergency
listed
In the Marcus Brown Company case
tho Supreme Court assumed there was
an emergency when the acts we're
rasscd and it adhcrcs TO this assump-
tion
Police Powers Arc Supreme
Answering various arguments Of tho
landlords, the plaintiffs in error in
these ltgations, Justice Clarke pointed
20 the position Of the court IN previous