Parker v. Fleming

by Hugo Black

United States Supreme Court

329 U.S. 531

Parker  v.  Fleming

 Argued: Dec. 18, 1946. --- Decided: Jan 20, 1947

Judicial review of price administrator's general regulations and orders issued under Emergency Price Control Act were intended by congress to be limited to relatively few of the Millions of people who would be affected thereby, to avoid delay and difficulty in administering act with efficiency and expedition deemed necessary to accomplish broad purpose of act. Emergency Price Control Act of 1942, §§ 203(a), 204(a, b), 50 U.S.C.A.Appendix, §§ 923(a), 924(a, b).

Whether person is 'subject' to order of price administrator issued under Emergency Price Control Act § as to be entitled to make protest upon which judicial review may be had, depends to some extent upon whether order immediately, substantially and adversely affects such person, as well as whether order requires or prohibits action by him. Emergency Price Control Act of 1942, § 203(a), 50 U.S.C.A.Appendix § 923(a).

Apartment house tenants were immediately, substantially and adversely affected by order of Price Administrator directing issuance of certificate authorizing eviction proceedings, and hence were 'subject' to order so as to be entitled to make protest upon which judicial review could be had, whether or not administrator's regulations gave tenants vested right to remain in possession. Emergency Price Control Act of 1942, §§ 2, 4(a), 203(a), 204(a, b), 50 U.S.C.A.Appendix §§ 902, 904(a), 923(a), 924(a, b).

The Emergency Price Control Act was intended in part to prevent excessive rents in the public interest, and anti-eviction regulations of price administrator promulgated pursuant to the act were specifically designed to prevent manipulative renting practices which would result in excessive rents. Emergency Price Control Act of 1942, § 2(d) as amended 50 U.S.C.A.Appendix § 902(d).

Mr.Alexander Pfeiffer, of New York City, for petitioners,

Mr. Carl A. Auerbach, of Washington, D.C., for respondent.

Mr. Justice BLACK delivered the opinion of the Court.

Notes