Evening star., 1924-05-10
Ball to Bring Measure Before
Senate Monday Despite
Court Decision.
CONFIDENT OF PROVING
EMERGENCY EXISTING
Senator and Commission Not De-
TERED by Restrainer Granted
Landlord.

Washington's rent situation, al
ready tangled, became further en-
meshed in difficulties today, with
these points outstanding:
Enjoined against further function
ing" yesterday by the District Su-
preme Court, Chaplin Brown, attor-
ney for the Rent Commission, de-
clared the commission would continue
10 hear evidence and decide cases as
before, with the exception. of course.
Of the Warren case, in which the in
junction was granted.
In the face of an opinion by a
lower court that the housing emer-
gency has passed" Senator Ball,
chairman of the District committee,
served notice on the Senate today
that he would call up for action on
Monday the resolution, already ap-
proved by the House, which will ex-
tend the Rent Commissions life an
other two years. At the same time
he said he would give to the Senate
which already have been placed in
the hands of District Attorney
Gordon.
Court Test Prepared.
Meanwhile, preparations were be-
ing made for d final test in the
courts, with the probability that
special appeal from the District Su-
preme Courts ruling = yesterday
would be prosecuted in order that
the District Court of Appeals might
express its view of the situation, and
an eventual determination by the
United States Supreme Court.
1t was upon a decision of the United
States Supreme Court-or part of it
that Justice Wendell p stafford OF
the District Supreme Court, based his
decision, rendered late yesterday aft
ernoon. in which he held that sufti-
cient probability exists that the hous-
ing emergency in Washington has
passed. The basis for Justice Stat
ford'S decision is found in the United
States Supreme Courts opinion in the
Chastleton case. rendered by Justice
Holmes. April Il last 1t follows;
If about all that remains of wal
conditions is the Increased cost Of
living, that is not in itself a justihca-
tion of the act. and If the question
were only whether the statute were
in force today, upon the facts thai
we judicially know we should be
compelled to say that the law has
ceased to operate"
To refuse a temporary injunction
asked by Bates Warren, owner OF
premises 1865 Columbia road. against
the Rent Commission to prevent the
hearing of complaints of some of his
tenants would be TO deny the land
lord an opportunity to show the
changed conditions in the renting
market, Justice Stafford declared, and
would be proceeding in opposition TO
ThP clear int iTTa finn of the United
States Supreme Court.
Not Prejudging Case.
Justice Stafford made it clear todas
that he is not prejudging the case
before hearing the facts, but is af-
fording tie landlord an opportuuity
TO present the facts to the court. Tes
timony will be taken on both side
before an examiner in ohancery. who
will present it to the court, when
counsel on both sides will be given
an opportunity to discuss the case Oh
it's merits before a final decision is
rendered.
The court pointed out that the eX-
preston cost of living" used in the
opinion of Justice Holmes as being
not in itself a Justification of the
act can refer only to high rentals, a .
the cost of living in other respects
had no bearing on the question then
before the United States Supreme
Court
An emergency was not shown. JUS
tice Stafford said, to exist merely by
showing that landlords were demand
ing too high rents in the face OF the
evidence of the large number OF va
cant houses, apartments and rooms
disclosed in The Stars advertising
1f he ctIfp
gested, are governed by the law OF
"supply and demand" and if the
emergency on which the Ball rent act
was based has passed, then the ques-
tion of rents cannot be made to sup
ply an emergency.
Rules on Anidavits.
Referring to the affidavits OF for
mer Senator Pomerene and of a num-
Der of members of the House District
committee, which were submitted by
Chaplin Brown, attorney for the Rent
Commission, to show that an emer-
gency still exists in the housing con-
dtions, Justice Stafford declared that
the affidavits disclose that the basis
of the decision reached by these leg
islators appears to be based only on
the existence of too high rentals and
not on the scarcity of housing faci,.-
ties.
A lawyer who has followed the case
pointed out that the wording of the
United States Supreme Court opinion.
on which Mr. Warren's counsel de-
pend for their claim that the. emer-
gency is passed, clearly indicates that
when that tribunal sustained the Ball
rent act in the Hirsh- Block case il
was largely Influenced by conditions
existing then.
The court took into consideration,
in the opinion of this lawyer. the
fact that there was a large number
of employees of the government in
crowded quarters, and when one was
put out of a house it was with great
difficulty that he could locate else
where.
In support of this view he called at
tention to another statement of
Justice Holmes in the Chastleton
opinion where the court said: 1T is a
matter of public knowledge that the
government has considerably dimin-
ished it's demand for employees that
was one of the great causes Of the
sudden influx of people in Washington
and that other causes have lost as
least much of their power"
Gives Landlords Chance.
While the decision of Justice Staf-
ford to grant the injunction is. of
course. binding only, in the Warren
case, il is stated, the position of the
court Is established and should an
other landlord be summoned before
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