Evening star., 1924-05-10

as to who is to decide and how II is
| to be decided as to what constitutes
an emergency. 1t is the contention
but in the mod moderate priced homes and
apartments for rent.
That there Is an emergency exist
ing. 1t is contended, is evidenced by
the passage by the House of Repre-
sentatives of the resolution extending
| the life of the Rent Commis mission.
Senator Bail expressed the belief
that he could show the emergency
still exists. and indicated that he
the senate the causes OF high rentals
and prices. In this connection the,
Senator will have reports of the
survey made under the direction of
the District committee into the num-
Der of vacant properties, and the
prices at which they are offered.
Suggests Special Appeal.
In rendering his decision yesterday
afternoon Justice Stafford stated
there is sufficient probability that
the housing emergency has passed to
justify the District Supreme Court in
ther functioning of the Rent Com
mission. at least until further testi-
mony can be taken" Upon this basis
he granted temporary injunction
asked by Bates Warren, a landlord.
preventing further action by the Rent
at 1858 Columbia road. Justice
Stafford suggested that - special
appeal might be prosecuted from his
decision SO that the Court OF Appeals
might express its view of the situa-
ton.
High rentals and high prices. the
court found. do not constitute an
emergency, as rentals have advanced
with commodities. and while there
seems to be no denying that there
are many vacant houses. rooms and
apartments, to refuse a temporary
Injunction would be to decline to
follow the suggestion of the United
States Supreme Court as to the
presence of an emergency.
The justice expressed the view that
as the testimony would be voluminous
it should be taken before An examiner
in chancery and so preserved for sub
mission TO the United States Supreme
Court, If necessary.
Attorneys Douglas, Obear e. Douglas,
W. II. Sholes and j. " Morgan repre-
sented Mr.. Warren.
Nerment Files Suit.
Suit for an injunction was pend
ing before the court on an applica-
ton of Harry Norment. owner of a
house on New Hampshire avenue
against his tenant. Abe Bowen. and
to prevent the commission from pro-
ceedlng with a determination of
complaint of the tenant
Attorney Charles Linkins for the
owner asked the court to take iu-
dicial notice of the large number of
houses. rooms and apartments for
rent in Washington as indicative of
the passing of the emergency which
prompted the enactment of the Ball
rent act :. Attention of the court was
also directed to the statement con-
| tanned in the recent decision OF the
United States Supreme Court in the
ChaStelton case, in which the court
strongly intimated that If it were
deciding the question CT the present
existence of an emergency it would
be inclined to hold that the law had
become imperative.
Chaplin Brown, counsel for the Rent
Commission. declared the statement
of the United States Supreme Court
justice in his opinion, on which coun-
sci relied, was mere dictum," as the
question of a present emergency was
not involved in that case. He sub
mitted sworn answers by the mem
they assert that the housing short
age still exists and in which they re-
fer to the recent action of the House
OF Representatives after an exhaus-
tive investigation in passing an ex-
tension of the act for an additional
two years, The House vote is given
as 1914 to 81. Mr.. Brown also di-
rected the attention of the court to
an affidavit of Atlee Pomerene, then
a senator from Ohio, as to the in
quiry by the Senate concerning a
housing emergency when the act was
extended in 1922.