Evening star., 1924-11-04
RENT COMMISSION
HOLDS RET|CENCE
Members Decline to AmpIify
Statement About Future
Plans.

fined its comment today on the de-
cision yesterday of the Court of APP
peals in the Peck VS.. Fink case to a
statement which its members stead
fastly declined to amplify or explain.
, The commission in it's statement de-
clared that until the final decision.
the commission will take no action
that will be embarrassing to any
party. There is plenty of work per-
formed besides the hearing Of new
cases"
Whether this statement was in
| tended to convey the impression that
the commission would take no action
in landlord-tenant cases pending the
final decision by the United States
Supreme Court, none of its members
would definitely state. 1t was suG-
gested by the reporter that the
| statement meant little IL nothing,
! but he was given to understand that
the commission would take no action
except that which was mutually
agreeable to the parties appearing
before it.
The statement. which was issued
formally after a conference of mem :
bers of the Rent Commission, follows
in full:
Not Party to Suit.
The Rent Commission was not d
marty to the case of Peck Ns. FINK.
An application. was made to the Court
of Appeals by the commission TO De
made a party to the case, but TINS
application was refused by the ap-
pelIate court. However. upon the
second applica ton the court did per
nit the commission to file briet
amicus curiae. But this does not
give the commission the right to
carry this case to the Supreme Court.
The commission is Informed that the
attorney for the tenant, Mrs. Fink.
will appeal at once. Although this
decision does not directly affect the
commission, il does indirectly affect
the commission since there are two
cases, in which the Commission is a
party, on appeal from the Supreme
Court of the District of Columbia
involving the same question which
has been decided in the Peck case,
and. therefore il is not violent as
sumption to presume that the court
will render the same opinion in these
cases that it has in this recent case.
1T is extremely important that this
question be finally determined by the
Supreme Court of the United States,
which is the final and last resort of
all constitutional questions. Congress
has declared by investigation that an
emergency does exist. The Court of
Appeals has decided that the Supreme
Court of the United States, in the
Chastleton case, decided from it's own
judicial knowledge Chat is, without
investigation of the facts) that the
emergency ceased to exist on the 21st
day of April, 1924. After this de-
cision was rendered by the Supreme
Court the United States Congress
passed an act on the 17th day of May,
1924. continuing the commission to
the 22d day of May, 1925. Therefore
there is an analogous situation, as the
Supreme Court on the 21st day of
April said the emergency no longer
existed, but Congress on the 18th day
of May declared by formal act. which
was signed by the President, an
emergency did exist.
THE interests of all concerned, both
landlords and tenants, will be best
served by a, quick and speedy resort
to the highest tribunal for. its deci-
sion. Chaos and confusion, anxiety
and uncertainty. will then be termi-
mated and both landlords and tenants.
lawyers and this commission will all
know then what is the law definitely
and conclusively.
Will Await Decision.
Until this final decision, the COM
mission will take no action which
will be embarrassing to any party.
There is plenty of work to. be per-
formed besides the hearing of new
cases, and under the act of 1921, which
was held constitutional by the Su-
preme Court, there is much to be
done which has not been accomplished
because of the Interruptions occa-
stoned by resort to the courts and
the uncertainty which has prevailed
as to the steps which could be law
fully taken by the commission.
There is small probability that
this case will be reached in the Su-
preme Court of the United States,
exerting all possible speed, before
some time in December, at which
time Congress will be in session and
in position to handle the matter
as it may appear best to it,"
Salaries to Continue.
The decision of the Court of Ap-
peals yesterday in the Rent Commits
sion case will not effect the payment
of salaries to officials and employees
of the mission at this time. Maj.
Daniel j. Donovan, auditor, indicated
today. =.
Mai. Donovan stated that since there
is still a possibility of the question of
the Rent Commissions future ex-
istence going to the United States
Supreme Court, the payment of the
expenses of the commission out Of the
available appropriation would not be
interfered with pending a final de-
cision. -..