The evening world. Newspaper, March 8, 1921, Page 20

ay reversing t Division in the First De- at” ithe legivintion should be up- “fo uphold the right of the landlord fo maintain ejectment would be to crock the logisiative design into frag- ments which would afford little pro- tection fo the tenants ip posscesion. “Tho jegislative or police power |s a dynamic agency, vague and unde- fined tn its acope, which takes private property or limits its use when great Public needs require, uncontroiled by the epnstitutional requirement of due tutes, the held, procens, “Bither the rights of property and contract must when necessary yield to the public convenience and the pub- THE stock muothows FINANCIAL. NEWS and PRICES. wons ao nousrnns Ajax Robber Alsaka Gold, Alaska Juoma AdueRaimors Bs; dense, was upheld in its entirety, lic advantage, or it must be found) Am age Oem. decision of the that the State has surrendered one | Am Bask Note ... of the attributes of sovereignty for |which Governments are founded and made itself powerless to secure to its Legislature could not constitu- to, Promote the general welfare. withdraw the right of tho ra- ee \ ‘mpairing the obligation of the snd contract to surrender pos-| hile in theory it may be said that thi are not public utilit thet, if the landlord turns ono off another may take him in; { rents are fixed by economic Bere. st ocberwiee upholding the |Tea are, OL ene eaaon: ‘lower cow _ After stating the four * the acts: First, ie to the landlords the equal pro- % of the laws; second, that they ive the landlord of property with- due process of iaw, third, that with freedom objections interfere and added: Pi of con-|aoes not affect the mature of the|Am Totmeo . that they impair the legislation. contracts, Judge these objections were un-|{j ‘A iblic emergency ‘nod debatable, which addressed wi primarily to’ the seek the uttermost existed, promised tly self-curative and appeared if the ‘upon legislative ‘the same affect the who now challenge 400 Questions Answered Free history of the United Cail, phone or write for No, EW-376 Ask for latest available ) news on active securities. JONES & BAKER fasta BROAD STREET OFFICE 50 Broad Street ‘Telephone Broad 7150 ats Bridge and Tunnel Hall ‘$16, Sf ecards, eer be vebjoular be pubtict wilt = contracted bg The bend geet between the erie» le Oe My S00, a8|real and rests on a subetant ¥ Wwittiout » writien order |The rule alike for State and Nation is tunnet include the and materials, for all work principal raised that they Pound Legislature. | those who choose to live in New York for from public docu- and from common knowledge Meee ing power on susn| With economic theory that the State hae determined the Cxis\- | he distinction between the power of ywer, #o far of land- the sta- the Will be received mt tholercise of the legisiative power and| “No vital distinction may be drawn the New Jersey | between the uml March 4.00 o'clock P, M., at which | trac y opened and reed.jof the public wealth, The Stato in hot able value: from one aity to another to fetter advantages: that no o compelled to have a home in Now York: that no crisis existe: that to call the legisiation an exercise of the police power when it is plainly @ taking of private property for pri- vate use and without compensation is a meré ¢ransfer of labels which Yet the Legislature has found that practice the state of demand and supply is at present abnormal: that no one builds, because it is unprofit- jable to build: that those who Pek ‘rom, and pay for the privilege rather than elsewhere: and that profiteering and oppression have become general. ia with this condition and not has to deal in the existing emergency. |eminent domain and the police power {is often fine, In the main it depends on whether the thing ia destroyed or is taken over for the public use. If property rights are here invaded, in a degree, compensation therefor has [eee provided and possession ts to be regained when such compensation re- the right to roperty oppressively Fi lic use. The taking is there- fore analagous to the abaternent of a nuisance or to the establish- ment of building restrictions, and is within the police power. ‘Emergency laws in time of peace are uncommon but not unknown. Wholesale disaster, fmancial panic, the th of war, earthquake, pestilence, famine and fire, a combi- nation of men or the forde of clreum- stances may, as the alterpative of confusion or chaos, demand the en- actment. of laws that would thought arbitrar under normal con. ditions, Although emergency cannot decome the source of power, and al- though the Constitution cannot be suspended in any complication of peace or war, am emergency may al ford a reason for putting forth a latent governmental power already enjoyed but not previously ‘exercised. “Changing economic oonditwus, temporary or permanent, may make necessary or beneficial the right of -| public regulaton. Housing in nor- mal times may be and often ia 4 competitive business. Landlords may in the lean years and in periods of over-supply be ui je w secure a fair return on their investment competition w.ll then regulate rents more effectively than legwiation can. rj ; not a demonstration om must survive every exig- ency. When it temporarily ceases to be adapted to the demands of the present it may be modified, if the best | interests: bach ot ite ntal ml ra vernme: thority ought ies able to eot jectionable tenants, ready ano ie rents, from society are thereby mi for enrichment of profiteers who have brought themselves to the notice the islaturo by their greed a ‘ortion without subjecting | not offended and ten- for regulation because ope class con- | spicuously offends; one class of ten-| ants has protection because all who seek homes cannot be provided with} places to sleep and eat. Those who are out of possession, willing to pay exorbitant rentals, or unable to pa any rentals whatevi to shift for themselves. “But such classifications deny to n one the equal protection of the law: that private contract rights must yield io the public welfare, when the jatter is appropriately deelared and defined and the laws conflict, But if the law is arbitrary, unreasonable and not designed to accomplish a legiti- Tate public purpose the courts will lure it invalid. ‘Lawes directly nullifying some es- sential part of private contracts are rare and are not lightly to be upheld y heavy and sweeping generallzations ‘on the common good, but no decision upholds the extreme view thal the obligation of private contracts may never be directly impaired in the ex- exercise in times of emergency of the polico power upon the ey right and upon the con- Obligation, for the protection |an emergency caused by flood or fire, when multitudes are homeless, might él conceivably compel owners of houses to take in undesired occupants in or- —_—_—_—_——eeeeeeeeeeeE oV1co. SRROKANT—LOUISE B, CAMPRELL’s, way 66th st., Wednesday, 11 A. M, —_—_—_—_—_————— FUNERAL DIRECTORS. i iid bad i if en I ! a au- the further | | y have been left | t Am Hest Gager.. Am Teoh Magneto Gis an on, Appellate Division held that citizens the biessings of freedom and | Am 4m La Prame,. Am met & BM. 40% Am Senait & Mt of Ty Am Gout. Aca Stet Fy. Am Sager fi Am Sumatm Tob, Am Te & Ta., Or W1% 1B, Am Tobacco eta % M4 | Rail M% | Mall Steel Soge pe 100 % | Ray Copper % | Reading... % | Remling lt of 4 | Reading 2d wt Col & Gol Gan & i i f riz ep? Ho Verxetrecsee fe cee ee Ketone Tine tawhwiimmaas Seek Mackay Company. 01% 61% LD, TUESDAY, MAROH 8, 1921 # eee vee? we REE # FREE Seer ES \ = sseggses i er ¥ Le Uelt i+) eectercrrr Punts Aleg Gaga, 46 Ture Of = Steet Sper... 8S b++ §SR25992585 3834 5y* 8 * ++ 41 ee of aeferers s253523 i+ ee eeeRT FOF + Tilt+l eoeeeese ee g3isees88ie8 3 i | wee * Ce Ue \ eee eo ee eee eRe Ee +it » e+itie eres & ptorm and cold. power reasonably under such conditions may put b the use or the property? what constitutes a reasonable rent or an oppressive agreement, dealing with questions of proper cure, just compensation, reasonable co duct, talr market value and the like It is quite a different thing to say that Congress may not punish the act of making any Unjust or unreasonable rate or charge in dealing with nece saries because the language is too in- definite and uncertain upon which to fasten criminal }iability, is not what the jury may say, but what the jury may reasonably infer from the evidence, ‘The exaction of an unjust and unreasonable rent makes oppressive the agreement under which the same is sought to be re- covered. “The question comes back to what the State may do for the benefit of the community at large. Here the leg- islation rests on a secure foundation. ‘The struggle to meet changing condi- ons through new logaslation con- stantly goes on. The fundamenta) question is whether society is pre- pared for the change. ‘The law of each age is ultimat should be in law. de- it to be un-| of met tenants out, #0 long as they promptly ployees of pay a rf ‘sonable compensation for and on the Workmen's Compengation der to whelter them from exposure to preme Court of the United States in ;the Income Tax cases which led to ‘Why then would the State have mo| the adoption of the sixtoenth amend- o regulate for & ment: and of this court on the statute UUme the terms upon which a landlord which fixed an eight-hour day and the prevailing rate of wages for ein. munictpal contractors jaw. Bach of the latter laws was also “A constitutional difficulty presents approved by the Supreme Court of itself in the way of enforcing the laws the United States, on the ground of uncertainty as to|the court's is that a strong opinion ‘The reaction on in any real or fancied public need Courts and has been suggested as the mufficient Juries are in civil cases constantly | te: ‘But constitutional! the power of Government are self- imposed restrictions upon she will of the people and qualify the despotism of the majority. Such limitations do not yleld to strong opinions merely. ‘They are incorporated in the funda- mental law to restrict power, They forbid Government to take from the The test) owner without compensation wha: ever private right to eontrol the use of his property that it may earnestly desire to deprive him of. “Isolated expressions of the courts may @uggest that whatever the P. isiature enacts on grounds of public polley should be sustain concrete set of facts, To uphold pri vate contracts and to enfurce their Afigations te @ matter of high public consequence, but the Legislats ly what that age thinks |a wide lativade In dolae’ wea? coos u judgmen an accordance with sound j Soot treet aonhite a e ts. # : Se ee Umitations on | Shares. € s323 82323235 9322222.32 i ERETTERGEE ae Le i H His ie ENDENT O118, INI ou. 2400 Glenrock Ol! ... | 18000 Gutter Gitieep ie ifeyttt Hs reine ae Pie fief it BEEF gerdaigaigiiiniii! HEE LE Ohio Cities Te 2. Hifi jliscsecs * ™ ad 10% markets *% 1% awa Ete bateackus eaate se 3% 0 5 w% ms ibe | Campbell # ae Stock Market | orders boing fairly evenly divided. played the same apathy. tion of a‘cent a bushel. Speculative activity influences were special at fuir likelihood that common share- holders, as a result of their petition to the Ccurt having the segregation matter in charge, will share more lib- erally in the distribution of coal land assets. The stock rose more than a point. American Sugar was freely sold and declined more than a point in antici- pation of a poor annual report which is scheduled to be published at noon to-morrow. United Frult was sub- jected to heavy bear pressure and at one time declined more than three points on reports that directors would reduce the dividend to-day, but later when these reports wére disproved by the declaration of the regular rate the stock failed to rally. that was sold on the strength of un- favorable dividend rumors. persistently reported that directors at the next meeting would probably d payments, and while these reports probably had no more relia- bility than in the case of United Fruit, the atock declined more than a point to a new low for the year. Steel and equipment shares held steady in the face of weakness of specialities, with gains and losses @bout balancing. Oils were generally higher ®ut without particular feature. price changes, with guins predom- inating. ‘The market continued to drift in session, with irregular and inconse- quential price changes. Demand sterling broke _rathe sharply in the late afternoon an Showed a net decline of four cents, at $3.85 1-4, bat this weakness failed to influence the stock market. Cotton, however, ehowed a late decline of twenty to thirty points. tory 4 3-4s, 97.48, FOREIGN EXCHANGE. Belgian fr. dem., .0708; catics, 0784, off .0020c; marks, dem., .0152; cables, .0153, off .0013c; Swi dem., .1670; cables, .1675, off .0002c; guilders, dem., 3416; cables, .3426, off .0015c; Sweden kr. dem. bles, .2235, off .0010c dem., 1680; ci 2290; ca- 5, Off .0023¢: ‘ables, Denmark kr., dem., .1655; cables, .1660, off .0025¢e. At 345—Fo. 3.86, off 4 cents net. French francs, demand .0702, cables 0708, off .0020; lire, demand 0965, cables .0366, off .0004, DIVIDENDS. ‘The Northern Pacific Railroad de- clared the regular quarterly 13-4 per cent. dividend, payable May 2 to stock of record March 18. ‘obacco ‘The Ti Products Corporation declared the regular quarterly 12-4| nad per cent. dividend, payable April 1 to stock of record March 17. GIVES MILLIONS #s| TOCHARITY IN WILL ere ws | of som loank Anderson, of which more than on, who was a daughter of the |: Jeremiah Milbank, a director of the Chicago, Milwaukee & St. Paul Rail. road, besides leaving $50,000 to her husband, Abram A. Anderson, estab- Ushed trust funds of $260,000 each for her daughter, Hleanor Anderson and her grand daughter, exist” This ruli the A jared and violate tie | @_ proper ay [Taw isa reversa| ite Diviclon of the Su. Court, Firet Besortmon. tives. ‘The largest single bequest was to Association, founded by her in 196, and to’ which: she had given in the interim about Some of the bequests to were: Children’s Aid Society, Ald Rociety, Hartem the Memorial Fund $8,000,000. $100,008; age Branoh, which American | ppjili Judging by the action of the stock market to-day the largest financial interesta, both here and in London, and the biggest market operators as well, are not much perturbed over the unsatisfactory ending of the repara- tion conferences and the further ad- | vance of Allied troops into German territory. Stock prices continued to! move within a very restricted range, ‘thinking wit read with the volume of seling and buying Fis! takes tas wie cad The foreign exchange and cotton likewise displayed almost complete indifference to the unfavor- % jable turn of foreign events. Demand % sterling reacted only 1 1-2 cents to 1% | 9.37 3-4 and price changes In the ent-) ton market were irregular and in- significant. The grain market dis- Price changes in wheat and corn during the mortiing were limited to a frac- to-day was confined largely to issues in which work. Reading continued to be well bought ; ‘because of the belief that there is a Allied Chemical was another issue | It was|—but it's not trne, Varia. Moter shares registered fractional aimless fashion to the end of the tr. Norway kr. reign exchange demand sterling declined to 3.861-4, cables ‘The will of Mrs, Hligabeth Mil- disposing of an o | estate valued at more than $5,000,000, 2,000,000 was given to charities, was flied to-day in the Surrogate's office. Mrs. Ander- Elisabeth Milbank Anderson 2d. She algo left $660,000 to friends and rela- friendship, his Cngreem, CHAPTER XIV. 66 UR sister had been walt in’ yere two hours,’ Sally, Lou whispered, as @he opened the door for (Varia, “1 didn’t Ike to go" — “You go now, Sally,” Varia insisted, ;“and thank you for waiting, Varia walked slowly along the hall, of the scene before her. She distrust- ed Nina now from the bottom of her heart; it made her unhappy just to think of seeing her. But it must Se gone through with. ““Lo!" Nina said casually as Varia came jnto the living room, Nina was seated in the chair by the desk, and as Varia came in she put her hand hurriedly over some shects bes paper on which she had been Wri ng. She had thrown back the wonderful | wrap of moijeskin, but her face, dark ; and lovely, had lost some of its verve, | “twas writing you a silly note, Varia,” she said gravely, “Here it is, if you want to read it." She held j out the scrawled sheets and then as Varia hesitated about coming acrosa to her, she changed her mind as quickly. 's the sort of thing I'd never say" She tore the pages across and flung them carelessly into the waste basket. “I haven't come to apologize; you don't need to think that.” “No,” Varia answered in a very low voice, She had sunk down on the daven- Port, and neither removed her hat nor her furs. She looked steadily across at Nina. “If you're going martyr-at-the-stake won't stand it!” eyes ashing. Varia dropped her eyes and traced ®& pattern on her lap. “Of course, you think I'm every- thing black and bad there is to think I didn’t start out to do it, You don't know what a nasty position I was in. Dad wouldn't give me a cent, and then there were my clothes; he'd even left orders that they shouldn't be touch I didnt have a thing but what I'd brought in a suitcase the night Mel and I were married. “I adore protty clothes—it's sort of a passion with mé. You know, Varia. Some of the men, I know, have fallen in love with my frocks, not me—but ‘that's beside the question. ‘Anyway, I knew you had all those accounts at the shops and I bought things on your accounts, went in deeper and deeper. But I did think that perhaps Mei would have the money later. And Mel is generous, when he has anything. “{ didn’t realize what a box it in with John. Varia said, standing up, her eyes filling with tears, “TI knew it couldn't be quite so bad as it knew" — She stopped chokily and held out hor hands. ‘ou always were a goose, Vari Nina said, but her own voice was throaty with feeling. ‘Look here, I didn't mean to tell you, but 1 will I have seen Jobn since you were married, but I tell you he's been straight with you and—oh, well, she flung herself back in her chair asked in her old casual voice, ‘a cigarette 2” “Wouldn't you like some tea? Varia offered, trying for a natural note. “Thanks, but [ nmust go on. an engagement with Alice Dana-— you remember her—she's just on for a while with her little boy. What time is it, Varia?” al Varia pulled down her long glove and glanced at her wrist. The ac- tion was almost mechanical, but she stared for tae os be bare mrs with sinay before ie re- mi what she had done with her watch. Nina was watching her. ‘They met each others’ eyes a little shame-facedly. Nina, warm im- pulsive as she always was, suddenly patted Varia’s shoulder. “You always were an old sweet,” she said huskily. "Then she went quickly down the hail. Hed Nina understood, then? In that moment had she read Varia's and known that she had sold the watdh? But Varia taking off her at and coat and touching the button that brought the room into light, felt a sense of relief. Nina was not utterly heartless-as she come to think her these last.d Under that charm, so dangerous to men, eo @angerous to Nina's own peace, was a warm heart. Varia knew that between them was a bond, @ bond that could not be broken in spite of Nina's wanton selfishness, in spite of her own awakening to the real Nine. But John? In the low chair by the window in her own room Varia sat, trying to see things as they were. How could she blame John for loving this passionate, luring woman—her own sister? Could he ever care for her— so line clear when compared with the murky depths of Nina's per- sonality? ‘Bhe saw now that she had been hoping in vain—hoping against rea~ son and common sense—hoping when she should have faced the truth. HE loved Nina, Through it alli— Nina's wildness, her moods, her tem- per—she still loved her. ‘The gray light deepened in the room and Varia put her hands over her face. He offered her his sober but she knew in that moment of discovery that she would have given it all for just one tny atom of the fire she had not struck from him. Her hands dropped away from her face and touched a small, hard ob- ject in the pocket of her skirt. ‘Lifting it up curiously in the half light, she saw that it was the tiny etatue of St. Joseph that Molly had given her. Her heart's desice! That was not for ber, A tear slid slowly down her cheek and touched the metal figure. “I knew you were guing to be alone, Verta; that's why Ada sajd as he to wear that sort of look, L Nina stood up, her eS ¥ 2981, We The Pron. Peblishing Oo (The New York Wrening World.) he explained, as he took off his coat and gloves. i Usually Varia was at ease with Adain and could tease him and laugh with him; but to-night her voice wan uncertain when she answered and she found she could not meet his steady 0. On, yer. he sald he wouldn't be home to dinner—he"—she broke off and went over to the piano. “Wouldn't you like me to play some- thing for you, some Grieg or’— He stared across at her, at her hair so soft and shining, at the blue eyes the color of dark pansies, She was in her street dress still, a fawn- colored frock with bands of soft beaver. “Why, Adam, you're as serious af" a—as a’ lawyer," she said, hoping to rally him; “ever since I saw you in your offices, you've filled me with awe"— Adam had shoved hir Sands deep into his pockets, He leaned back in his chair, his long legs stretched be- fore him, looking at Varia with a sudden intensity, “Why do you look at me like that, Adam?" she asked stopping “Don't you know?” Hig yoloe was deep and held,a new vibrancy, a sudden depth of feeling that clutched at Varfa’s breath. “I thought you understood, Adam,” she mid quickly, “I wanted you to pretend to’ like me for John’s sake-- but that's all over now. It—it isn’t necessary," he strained to catch her words. “i've learned something, that love doesn't come by playing for it or praying either—it isn't a pretty game to try: to win"— I'm not pretending, Varia!” What do you mean?” Varia sat “up very straight, both hands catching at the sides of the chair, the light dying out of her face as something else awoke to knowl- @ been friends for a long time?” She nodded. “A man can't get to be thirty-two without having love affairs; you know that, don't you, dear? I've been in- fatuated once or twice, I've thought myself in love. But it’s the slow kind that’s dangerous, Varia, the kind that comes on gradually, friendship deep- ening into love through understand- ing—and then the spark, the sudden conflagration.” His pleasant voice was harsh. He changed so palpably that Varia felt it was another man she was see- ing with this glimpse into his heart. “Something at the back of my mind all the time, Every woman I met I compared with you, sometimes un- conscious! I wasn't in love with you, Vari She gave a little sigh and relaxed on ber chair. “Then you asked me to play the game with you. We never had a chance, did we? John wasn't here— ut 1 saw what was happening, al- though you thought I was blind. “If you'd whimpered and come to me for sympathy—— But yo been plucky, Varia. I've seen the pain in your eyes. I've heard you laugh and I've known thi not very far away. That's ke me all up. Adam stood up and walked ©. or to the mantel and stood there silent for a few minutes. Varia was frightened. She felt strained and unnatural, and at any moment she expected to hear John's key grate in the lock, “1 never could bear to see anything in pain—a dog I remember once- God, Varia, I thought of you night morning! I tried to think of a out. I'Ve found it,” ou've found it?” sit lips. ‘ou trust me?’ You know I do, Adam”—— “Let me take caro of you, little gir. You can get your freedom, Then marry me. it startled you, dear, of course. But there’a no reason why should go on like this when I'm here. me the chance, three lives through prud: He was so big and so gentle and so kind! His eyes looked down at her like the eyes of collie, falthful and full of entreaty, She could not hurt him, this man who wanted to help her. “Adam, dear, you don't understand, T coukin't” wt woulda't expect you to love me the way I love you,” he said air ‘mut Td look out for you, dearest his voice wi ‘hoe p and she saw the muscles in his cheeks working Was this the refuge after. the storm? Was this the pathway to "t think ant in now—t ¥ so much to-day here's been He picked up his hat and took his gloves from the table where he had “thrown them, She saw, he wanted to kiss her, she read his de- sire In the face #o near her own, but she pulled back and said softly, | “Good night, Adam.” He cared more for her than for himself—she could see that. For he did not touch her, but said good- Right as he went quickly down the For a time she stood with her eves on the rug at her feet, trying to find me answer in the r some recesses of her way i asked with ary CHAPTER XY, HE GREAT NORTHERN HOTEL," Nina Rogers said as she stepped into the taxi, Just a few moments before she had been with Varia. She was deeply touched, All that was best in her, her warm heart, her impulsive ten. derndéss, had been roused by her younger sister, Varia loved her. She loved her even now, after she had discovered Nina's last act of un- speakable selfishness, “I'l do gomething for her!" Nina told herself. She leaned forward and tapped on the window. "I've changed my mind I want to go to Lower Broadway, nea; Pulton Street,” she explained. ‘Then she sank back with a little sigh. the} excuse, a Alice Dana would expect her, of course, and be disappointed but she would telephone Jater and give some frightful headache, any other plausible fib. a