CONSTITUTIONAL LAW - VALIDITY OF RENT PROVISIONS OF EMERGENCY PRICE CONTROL ACT

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of the act until she could test its constitutionality. Defendant asked in the alternative that the court appoint appraisers to appraise her property and fix a fair rent. Held, defendant is not entitled to relief upon the counterclaim.

The EPCA is constitutional in its entirety. Henderson v. Kimmel, (D. C. Kan. 1942) 47 F. Supp. 635.