Evening star., 1924-05-19
Bases Action on Opinion of
Supreme Court Rendered
in ChastIeton Case-Sees
Dissent as Effrontery.
PRESIDENT PROPOSED
TO REAPPOIMT BOARD
Court Rules on Need for Commits.
sion After Arguments Are Pre-
sented by Counsel for Govern
ment, District and Land
lords-speedy Appeal Urged.

Justice Stafford. in Equity Division
?, this afternoon stood pat OF
his decision that there exists such
probability of the passing of the
housing emergency as to justify. the
issuance OF temporary injunction
against further functioning by the
Rent Commission
The court said that, following the
decision of the United States
Supreme Court in the Chastletor
case, it might have declared as a
matter of law that the emergency
had passed, but decided upon this
proof to be taken
'It would be nothing less than eff
frontery in view of that decision" said
Justice Stafford, Ito declare that the
emergency was not at an end
The court quoted at length from the
Chastleton opinion where the court eX-
pressed doubt as to whether the emer-
gency had not passed as far back as
1922 by referring to this court the TAX
ing OF testimony as to that fact.
Suggests Speed in Appeal.
Justice Stafford suggested that
counsel for the plaintiff facilitate the
presentation of the case to the Court
of Appeals. on the appeal which he
supposed the Rent Commission would
! take. The appellate tribunal prob
ably would advance the case, the
court suggested, and thus hasten it's
arrival again at the United States
Supreme Court.
The Justice pointed out that Justice
Holmes had not said in the Chastleton
opinion that on the question of what
1T knew judicially of present conditions,
the United States Supreme Court might
be inclined to say that the emergency
had passed, but declared it would be
compelled to reach that conclusion.
AS the court fight got under way,
it was announced today at the
idge will reappoint the present
five members of the commission to
serve during the remainder of the
life of that body, just extended until
next May. Nominations were made
out today and will probably be signed
and sent to the Senate this afternoon.
The present commissioners are Rich
ard S. Whaley, Mrs. Clara Sears Tay
lor, William f. Guide, Oliver MetZerott
and Thomas F.. Peeney.
Attorneys H. l.. Underwood appear
ed with Chaplin Brown representing
the Rent Commission in opposition to
the signing of a temporary injun
Attorneys CnarIeS LlnklnS, w. II.
Sholes and H. Fl. Obear, for the land
lords, Contended that the housing
emergency has passed and. there is
no longer reason for continuing the
Rent Commission.
Attorney LinkinS read from a re-
port of William T. Richards, asses
sor of the District in which the as
SCISSOR showed that while in 19191921
a shortage did exist that since the
latter date the supply of houses
ha nd
therefore there was no need for an
extension of the rent act. This re-
port, Mr.. Linkins asserted, was shown
to Alfred G. Moore, the Senate's in
VeStigator, but the latter did not use
The other lawyers for the land
lords maintained the same position as
recently when they convinced the
bility of the passing of the emer-
Gency as to justify the court in SuS-
pending operations of the Rent Com
mission until the owners may have
an opportunity to show the court
by testimony that there is no longer
an emergency.
Appears for Government.
H. L. Underwood on behalf of At
torney General Stone who intervened
last Tuesday in the interest of the
$1,000 government employees affected
by renting conditions made an ex-
tended argument in which he sought
10 show that the court should re-
consider it's determination to grant
a. temporary Injunction against the
Rent Commission. Mr.. Underwood
asserted that the issuance of such in
junction would practically put the
commission out of business since
every landlord would seek the inter-
yention of the court as soon as his
tenant applied to the Rent Commits
sion for relief
RepOrts of Survey.
He submitted affidavits of the men,
hers of the rent commission, of William
ID Ham, who had made a personal in
snection of housing conditions, and
read the report of a survey made for
the United States Senate.
Included in one of the aff1dayits
was statement that rents had ad-
canced between so and 80 per cent
since 1914 and Justice Stafford in
ouired if the rise in other costs of
living had not been equal or greater.
Mr.. Underwood did not know, but
Guessed they had not kept pace with
rental increases.
In the affidavit of Mrs. Clara Sears
Taylor.. a member of the commission,
was a statement that at present there
are proper housing facllltles Tor 3oo,
0OO people, and there are now about
sac 600 in Washington" Justice Stat
ford challenged the statement and
asked if there had not been a recent
police census. Counsel for the land
lords gave the most recent census
figures at 4S6,000.
II am giving this statement for
what it is WORTH" said Mr.. Under
wood.
But is it worth anything?" queried
the court, "since 4S6,000 is not even
about 100000
The different affiants claimed
there were no vacancies in desirable
properties within the means of the
ordinary government clerks and that
the places advertised could be rented
only by persons receiving annual
salaries in excess of $4,000. The av-
erage salary of the $4,000 government
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