Evening star., 1924-05-19

clerks, it was stated, was about
81 400, and the new buildings which
nave been erected are mostly apart
ments of one, two or three rooms
and the average family could not be
crowded into that space, even if the
head of the family could afford to
pay the high price set for such ac-
comm odations
Fifteen affidavits were submitted
10 the court by II. L. Underwood.
assistant attorney general, tending
TO show that the emergency in the
housing situation is still with us
counter affidavits also We're present.
ed by counsel for Bates Warren and
Harry Norment, the landlords who
contend that there no longer exists
reason for continuing the opera
tlons of the Rent Commission
Attorney Chaplin Brown, for the
Kent Commission, submitted a brief
to the court in which he contended
that the court lacks power to proceed
further with the cases for two rea-
sons: first, because the tenants in
the Warren case have not been made
parties TO the case and second be
cause the Ball act in his opinion
takes away from Equity Court the
power to grant Injunction against
a hearing before the Rent Commits
sion He claims that the action Of
three justices of the court is essen
tial to affect any determination by the
INtlll ana CITES section
1850, which provides that mo deter
animation Of the commission shall be
affirmed, set aside or otherwise re-
viewed or its enforcement in any
manner stayed except upon appeal
from such determination as provided
by this title"
Authority of Court.
Mr. Brown claimed that the court
should not issue the temporary in
l.
not parties nor against the commits
sion for lack of authority.
Attorney Jacob y. Halper, repre-
senting Abe Bowen, the tenant in
the Norment case, submitted a brief
in which he claims that no damage
by the landlord for the issuance of
the injunction. Until the case is
heard and determined, he states, the
landlord cannot assert that the COM
mission Will not increase his. rent
and so he would sustain no damage.
The rent law protects the landlord,
whether the finding be in favor of the
tenant or for an increased rental, the
lawyer submitted.
No Harm to Landlord.
In the course of his brief Mr.. Hal
per said:
1T is submitted that no immediate
harm can be done to the landlord in
tHlS case SO DIS To JUSTLY n ltIlPci sii
restraining order. The proceedings
in the Rent Commission. which are
here sought to be enjoined, were be-
gun by the Defendant Bowen by petit
tion asking that the commission fix
and determine the fair and reaSona-
BILE rent for the apartment occupied
by him. If the commission proceeds
to an investigation and hearing and
makes a determination the result
may be an increase or decrease over
. h. " rl-.1 h
rights of the landlord will not be i'm
m mediately affected, because in the
event of an increase in rent and an
appeal by the tenant, the tenant is re-
quired to pay the amount of the in
crease to the commission or cover it
by bond until final determination.
Under the Ball act the landlord is
fully protected in case of an increase
of rent. and it should be noted that
payments to the commission are man
datory, while the giving of a bond
is discretionary with the commissi on.
So that, if the tenant .is insolvent or
even execution proof, the landlord is
still protected, and, further, the rights
of the tenant in such case wholly
depend upon compliance by him with
the above section for it further pro-
vides, that: I" The court shall
dismiss the appeal of any tenant who
fails to comply with this subdivi-
sion.
Rights of Landlord.
Neither can the rights of the land
lord be Immediately affected by a
decrease in rent, for the act provides
section los (a), that
Unless within ten days after the
filing of the commissions determine
ton any party to the complaint ap-
peals therefrom to the Supreme Court
of the District of Columbia in gen.
eral term, the determination of the
commission shall be final and con-
elusive.
so that if the rent is decreased
and the landlord appeals, the tenant
is still required to pay the contract
rate pending the final determinatlon.
This has been estabilshed by the
Municipal Court of the District of
Columbia, through Judge Meehan, in
a case involving excess rents, the
Municipal Court having exclusive and
special jurisdiction to hear such cases
by virtue of section 112 (a) of the
rent act. 1t follows that the rights
of the landlords cannot be imm ediate-
ly affected by Withholding restrain
ing order at this time, no matter What
the commissions determination mlsnl
be. In such case the court Snould
withhold the granting OF an lnJuto- in
tion pendente until the matters IN
volved in this equity suit can DC ue-
termined on final hearing.
AN emergency justifying the con-
tinued existence of the Rent COM
mission still exists. The defendant
Bowen acquired the apartment now
occupied by him at a monthly rental
of SIS. At that time. as is now the case,
he was receiving a monthly pension from
the government, by virtue OF military
service in the civil war, OF s5U. since ne
ACQUIRED the apartment his rent has
been increased to S27.50, but his in
come remains the same. An abund-
ance of vacant apartments does not
relieve the situation of this defend-
ant if those apartments are held at
exorbitant or prohibitlVe rentals IN
the original act of October ~ 1913,
it was provided in section 122 as
follows:
"It is hereby declared that the pro-
visions of this title are made neceS-
sary by emergencies growing out OF
the war with the imperial German
government resulting in rental con-
ditions in the District of Columbia
dangerous to the public health and
burd ensome to public officers and
employees whose duties require them
to reside within the District, and
other persons whose activities are
essential to the maintenance and COM
fort of such officers and employees,
and thereby embarrassing the federal
government in the transaction of the
public business
''It is submitted that an abundance of
vacant apartments, held at hlgh and
prohibitive rentals, is, as far as the
tenant with limited means, such as this
defendant, is concerned, a scarcity of
apartments, and that such condition
is no less dangerous to public health
and burdensome to public employees and
others as was a scarcity of living quar-
ters during the war. Moreover, though
a scarcity of apartments might have
induced the rent legislation, the evil
sought to be remedied was the high
rentals charged, for the rent act is
manifestly a law to fix and determine
fair and reasonable rents and charges.
c. fLaf n ly