Evening star., 1924-11-22
RENT BOARD RIGHT
T0SUE QUESTIONED
Lawyers Say Power Has
Gone With Termination
of Act.

The right of the Rent Commission
10 prosecute suits for penalties in the
Municipal Court for failure of land
lords to obey determinations of the
commission in regard to rentals was
attacked yesterday at the hearing be-
rore Judge Mary O'TooIe of the case
or the commission against Andrew
Oehmann and Joseph A. Herbert. The
commission was seeking to recover
penalties under n finding dated June
IL. 1920.
The Rent Commission was repre-
sented at the hearing by Attorneys
A. Coulter Wells and Grace Hays
Riley. Attorney A. Leftwich Sinclair,
former chairman of the Rent Com
mission. appeared for the defendant,
Andrew Oehmahn, owner of the prop
erty in question, while former Munich
pal Court Judge Michael NJ. Doyle ap-
peared for the defendant, Joseph H.
Herbert, who collected the alleged
excess rent for Mr.. Oehmann. The
case was dismissed as to Mr.. Herbert,
upon the ground that in collecting
the rent he acted merely as agent
for the owner. to whom the rent was
paid as the collections were made.
Defense of Ochmann.
Attorney Sinclair requested the
court to enter judgment in favor of
MI Oehmann, upon the grounds that
the rents act has terminated and
ceased to operate, leaving the Rent
Commission without jurisdiction or
authority to prosecute the suit; that
the determination of the Rent Com
mission fixing the rent for the prop
erty. alleged to have been violated
by the defendant, had ceased to oper-
ate ct the expiration of the original
rents act. October %, 1921. and that
the claim of the Rent Commission
was barred by the statute Of limita-
tions, which prescribes one year as
the time within which suits should be
brought for the recovery of penalties
The suit was brought November 10,
1924
Attorney Sinclair argued that the
recent decision of the Supreme Court
of the United States in the Chastleton
apartment house case and the more
recent decision Of the District Court
of Appeals in the case of Peck against
Fink. in which a Judgment of the
Municipal Court upholding the rents
act was reversed. had the effect of
finally terminating the powers of the
Rent Commission, and that any action
now maintainable against the de-
fendant would have to be prosecuted
by and in the name OF the Attorney
General, who is authorized to prose-
cute for any violation OF the rents act
committed before the termination of the
act, after such termination.
Penalty by Implication.
Counsel contended in support of
the claim htat the determination of
the Rent Commission had ceased to
operate upon the expiration of the
original rents act, that the acts ex-
tending the original act did not have
the effect of extending and continuing
the determinations OF the Rent Com
mission made under the original act;
sought to recover penalties should be
given a strict and literal construc-
tton and no penalty can be created
by mere implication. Counsel as
serted that if Congress had intended
in passing the extension acts. to con-
tinue the findings made by the Rent
Commission under the original act,
in fun force and effect, and to au-
thorize the collection of penalties for
subsequent violations of the deter
nina tions, it would have so expressed
itself in clear and unmistakable
terms.
At the close Of the hearing Judge
O'Toole took the case under advise
ment and gave leave to counsel to
file written arguments upon the legal
questions presented.