Evening star., 1923-04-03

Continued from First PageD
are not being rented TO tenants vino
keep the properties in unhealthful or
unsanitary condition, nor do the plain
tiffs allow said properties in any manner
whatsoever to become a menace to the
public health OF morals, or TO be in
furious to the public welfare, but that
the properties are in a good healthful
and sanitary condition and. are kept in
good repair and are in no way detri-
mental to the public health, moral /,
comfort, or safety.
notwithstanding these houses were
lawfully built ana constructed by and
with the permission Of the Commission
ers of the District Of Columbia, and in
accordance with the building laws and
regulations in force in the said District
Of Columbia. the defendants herein and
each of them are about to institute
criminal proceedings against the plain
ttffs and each of them for using and
occupying the said houses for dwelling
purposes in and after the first day of
.1une, 1928, in an effort to compel the
discontinuance of the use and occupa-
ton Of said houses for dwelling pur-
poses and that the said defendants and
each of them are without any right
or authority in law for such prosecu-
ton: and their action will cause the
tenants OF your plaintiffs to vacate the
said houses and will prevent their ten
anus lrOTl moving out or renting the
said properties and will cause an enor-
NOUS depreciation in the value Of said
property, and render the property OF
no value Tor renting and useless and
of no value whatsoever, all Of which
will do great irreparable damage to Your
plaintiffs, for which there Is no plain,
adequate and complete remedy at law
and 1t is impossible to estimate tho
damage the said unlawful, unwarrarted
action or said defendants will entail"
Cannot BE Altered.
IF the Commissioners be allowed
70 use the unlawful right and author
ity which they claim under the afore-
said acts of Congress. the plaintiffs
say they will be deprived of their
property without due process of law,
because the property is suitable only
for dwelling purposes and cannot be
altered or changed SO as to be used
for any other purpose without pro-
hibitiVe cost to the plaintiffs, and
the use and occupation of the prop
erty for any other purpose would not
give the said plaintiffs a fair and
reasonable return on their invest
ment, and it would seriously and
greatly depreciate the capital of their
investment because the sale value of
said property would be greatly les
Sened. and that even now. while the
defendants threaten to use the un-
lawful right and authority they claim.
the loan value of the said property
has been and is now being greatly de-
preciated.
The plaintiffs say if the defendants
are allowed to exercise the unlawful
right and authority they claim under
the null, void and unconstitutional
act of Congress 1t will create a con-
dition in said District of Columbia
which will be a confscation of the
plaintiffs property without due proc
ess of law; the exercise OF the afore-
said unlawful authority will prohibit
the use and occupation for dwelling
purposes of some 5000 houses in
more than 200 alleys in said District
and will prevent some 5000 or 10000
tenants from living in the said
houses and will cause them to seek
other quarters, the facilities for
which do not exist"
The plaintiffs contend also they
will be prevented from using and
occupying the properties for dwelling
MED this right of property without
due process of law or compensation
for the taking OF the said property.
It is contended by the plaintiffs
that IL they continue to use and oc-
cupy the property for dwelling pur-
poses after June l the defendants
against them for each day such use
is made of the property. and will
cause TO be recovered q separate fine
and penalty for each day the property
as SO. used.