Evening star., 1925-01-29
Report That Attorney Gen.
eral Had o. KID Measure
Quickly DisavoWed.
OPINION NEVER SOUGHT
ON PROPOSAL, HE SAYS
Court Decisions Are Cited in Letter
From Assistant Attorney
General.

Stone had advised Senator Ball that
rent act, based on the police powers
OF the Government, would be consti-
tutional, were fatty denied by the
Attorney General and Senator Ball to-
day in formal statements.
After the denials had been made
however, the joint congressional com
mlttee on rent Legislation placed in
the record of it's investigation a let
ter written by Ira K Wells. Assistant
Attorney General, to Senotor Ball, un-
| der date of January %, in which the
| constitutionality of the proposed
| haley bill to establish d permanent
| rent commission in the District is
! discussed.
| The question whether the proposed
| legislation, if enacted, would be up
| held as a valid exercise of the consti-
! tutional power of Congress is one
! upon which no opinion either way
! can fairly be ventured with positive
| ness, said the letter of Mr. Wells
/ However, certain decisions may be
/ helpful and Illuminating"
! Cites Decisions.
| Mr.. Wells cites a number of deci-
/ sions handed down by the courts A
number of these decisions already
! have been included in the record of
| the committee hearings.
! Mr.. Wells said in his letter: Il had
( purposed to discuss to some extent
the prime legal question involved the
constitutionality Of the proposed leg
islation, but I find that a memoran-
DUN brief on this point has been sub
mitted by the Rent Commission, and
the committee has heard Mr.. Nathan
I W. MacChesney, representing the Ma
tional Association of Real Estate
Boards. 1t would, seem therefore,
hat
time would be but cumulative"
Mr.. Wells letter was written in re-
| sponse to request from Senator
BAH for his views upon the Whaley
bill.
The decisions cited by Mr. Wells in
clude the Capital Traction Co. vs.
Hof, which states that Congress has
! entire control over the District for
every purpose of Government, national
| and local. ''and may exercise within
! the District all the legislative power
that the Legislature OF a State had
exercised within the State"
Brooke Case Cited.
He cites, too, the case of the Dis
trict of Columbia VS.. Brooke, which
says Congress, exercising its police
power over the District, is limited
only by the fifth amendment. The
police power is one of the most essen
lidi oL pONtIS, ana dl tunes the most
insistent, and always one of the least
limitable of the powers of govern
ment."
The decision in the case of Mani
gault vs.. Springs is quoted, as fol-
lows: This power (the police power)
is an exercise of the sovereign right
of the Government TO protect the
lives, health. morals, comfort and gen
eral welfare of the people, and is
paramount to any rights under con
tracts between individuals"
The case of Calhoun VS.. Massie is
quoted, as follows: In the exercise
| of its police power the United States
may, consistently with the fifth
amendment, impose, for a permitted
purpose, restrictions upon property.
although it results in serious depre-
citation of property values
Many other opinions bearing on the
question are included, among them
that of Block vs. Hirsh. In his for
NAL statement today denying that
he had expressed an opinion on the
ccnstitutionality of rent legislation
70! the District, the Attorney General
said
The attention of the department
has been directed to a report pub
lished in the morning papers that the
Attorney General had given an in
formal opinion as TO the constitu-
t-onality of the pending bill to regu-
| late and control rents in the District
of Columbia
The Attorney General has ex-
pressed no opinion on this subject.
Conversation Casual.
I'm 4 casual conversation with SEN
ator Ball, chairman of the Senate
District committee, the Attorney Cen
eral suggested that a point to be con-
B SI n nrt Cf oh 1nC ~iS1D
| tion is that it may be deemed Incl
| dental to the constitutional power of
the Federal Government to maintain
| the seat of Government in such dis
! trict and to exercise exclusive legis-
| lative jurisdiction over it"
Senator BAH also denied that opin-
| ion had been given him by the At
stitutionality of the proposed rent
! Legislation. Senator Ball said:
Denies Press Reports.
81 notice in the public press of this
morning what purports to be an in
! terview between the Attorney General
! of the United States and myself, and
/ that Attorney General Stone is cred
| tied with giving an opinion on the
! constitutionality of the rent act in
! the District of Columbia and on the
power of Congress to enact such
| law
Il desire to state that the Attorney
! General is misquoted so far as his
| interview is concerned. While we
/ discussed conditions in the District
! generally there was nothing said to
warrant such an interview as appear
| ed in the morning press, no opinion
! being given by the Attorney Gener-
al"
! According to the morning news
| papers, Attorney General Stone was
! credited with having told Senator
! Ball informally that Congress has Il
| constitutional right to pass rent con-
| troll legislation for the District.
Causes Much Comment.
The report caused much comment,
! as the Attorney General is the chief
! law officer of the Government and
also has been appointed by the Presi-
dent to be an Associate Justice of
| the Supreme Court, which may be
! called upon to pass on the constitu-
! tionality of rent legislation that may
be enacted by Congress.
Senator Ball said today that he
| would call a meeting of the joint
| congressional committee to consider
CONTINUED on Page 2, Column a.