Evening star., 1924-11-03
RENT LAW INVALID,
EMERGENCY PAST,
JUSTICE ROBB RULES
Continued from First Page.)

past, the court remanded the case
that evidence might be taken in the
trial court. In other words. the court
ruled, as we read the opinion, that
although it judicially knew that the
emergency giving rise to the enact
ment of the legislation had ceased to
exist on the date Of the opinion, it
was not prepared without evidence to
declare such emergency at an end on
the date Of the order Of the Rent
Commission.
'"The order here involved was en-
tered subsequent to this authoritative
declaration by the Supreme Court.
namely on May 2. 1924 While it is
true that after such declaration, or
on May II. 1924 Congress purported
to continue the legislation in force
for still another year. there was no
constitutional basis for the legisla
ton, the Supreme Court having de-
clared the emergency at an end upon
fact judicially known to the court.
The opinion Of the court is so clear
and direct as to leave no room for
doubt as to its meaning and our plain
duty Is, to apply. it to the case before
US. It Of course is unnecessary for us
to attempt to add to the reasoning
of the Supreme Court. but we may
say with propriety that if the emerg-
ency in question Is not at an end then
this legislation may be extended in
definitely and that which was in
tended to meet a temporary emerg-
FINK WILL APPEAL.
Jacob H. Fink. defendant in the
case decided today, will appeal to
the United States Supreme Court for
of he
ton Of constitutionality affecting the
Rent Commission.
This statement was made today by
A. Coulter Wells. attorney for the
Rent Commission, after a conference
with ]. l. krupsaw, attorney for MI
Fink.
THE Rent Commission still exists
because of the appeal to the United
States Supreme Court, and it Will
continue to exist until decision Is
made by that body said Mr.. Wells.
He declined to comment further on
the decision until he had studied it. .
The housing emergency does exist
in washington. William F. GUIDE,
member of tho Rent Commission
emphatically insisted today.
II have nothing to say'tn regard TO
the decision of the Court of Appeals
this. morning other than. irrespective
OF what they say, housing emer-
pency still exists and l have plenty of
proof" declared Mr.. Guide. discussing
the decision. TN regard to our func-
tioning that Is a legal question. but
we shall continue our work until we
are stopped" declared Mr.. GUIDE.
Richard S. Whaley. chairman OF
the Rent Commission, declared that
he would not make any statement
in regard to the court decision until
he had received and thoroughly
studied the decision.
Whether the Rent Commission
would take the case to the Supreme
Court of the United States on the
two other cases that will allow them
to take this action, Mr.. Whaley de-
clared that he was not now prepared
to state.
God help the tenants" declared
Mrs. Clara Sears Taylor, member
of the Rent Commission. when in
formed of the action of the court
today. "If this decision is true, l
do not know what the tenants of
will do. This will mean
wholesale eviction. Landlords who
have been compelled to charge
reasonable rents and have had to
keep their tenants while they had
before the Rent Commission,
will now take advantage of the deci-
sion to rid themselves of these poor
people. 1t is q bad situation, and
am sorry." declared Mrs. Taylor.