Evening star., 1924-04-23
Supreme Court and Rent Law.

one eHect OF the supreme Court 5
decision and action in the Rent Com
mission case is to establish that the
1air rents law. violating under stress
of war necessity the spirit or letter
of the Constitution, can continue to
exist only as an emergency measure:
hat the housing emergency which
iustifies its continuance must be estab-
'ished by legal evidence in court and
hat recital by Congress in Il statute
nf the existence of such an emergency
does not suffice.
The pointed suggestion to Congress
is TO drop every declaration or hint of
permanence of the Rent Commission
from the Senate and House rent bills,
and every proposition of enlarging the
Rent Commissions arbitrary powers:
and the wisdom is emphasized of seek
ing on the basis of proof of the exist
ence of the housing emergency simply
to extend the life of the Reat Com
mission for one year or two years. \
further benefit would be derived if
powers OF the Rent Commission by
amendments, the movement was dis
finct in the other direction. and parts
Of the existing law which particularly
offend the spirit of the Constitution
were eliminated or modified.
AS specific samples of features of
the war law which ought to be omitted
in the peace law are the provisions
which bind landlords strictly to the
,erms of their leasing contracts. but
e!ieve tenants from obligation under
such contracts, as to duration of the
tenancy. amount of rental charge and
the service to be rendered, since these
provisions clearly impair the obliga-
ion of leasing contracts.
The Constitution forbids the states
10 impair the obligation Of contracts
Since the District is treated as a state
only when national burdens are i'm.
posed like direct national taxes, and
never as a state when privileges or
benefits are bestowed, the state pro-
lection against impairment of the obli-
eation of contracts does not apply in
the District to the benefit OF the Capt.
al community. But in legislating for
the District locally Congress acts as
substitute for state legislature: and
since such laws when passed by a
state legislature are unconstitutional,
when passed by Congress, acting not
Tor the nation, but as the Districts
state legislature, they violate the spirit
gress as national legislature will not
IN acting for the states collectively
commit an offense which is prohibited
to the states individually. For such
laws are abhorrent in essence and
basic principle. Congress will not
merely because it has the technical
power continue to impose upon the
District in peace time laws excused
only by the eXigencieS of war, which
impair the obligation Of contracts and
are therefore, the Federalist says,
contrary TO the first principles of the
social contract and to every principle
of sound legislation
Congress is apparently convinced
That the housing emergency continues
10 exist, which justifies extension of
the rent law to protect tenants against
vindictive reprisals by landlords, and
being thus convinced, it is the obvious
luty of Congress to extend for a limit
I'd period the life of the Rent Commits
sion.
But the powers of the Rent Commits.
sion are so great-so un-American--
that they ought to be confined rigidly
to the limit up to which the purpose
" the legislation forces us to go.
The time must inevitably arrive
when n rentals-fixing tribunal will
have only the same powers and be sub
ject to the same restrictions that apply
20 wages-fixing tribunal under COM
pIlsory arbitration or to a tribunal
fixing the price of bread or coal. Wise
legislation will check rentals war, with
its vindictive reprisals. and prepare
for the return TO normalcy.