89 F. Supp. 708 | D.N.H. | 1950
This is an action brought by the United States of America to enforce compliance with the Veterans’ Emergency Housing Act of 1946, Public Law 388, 79th Congress, 60 Stat. 207, and regulations issued thereunder, the pertinent one being Priority Regulation 33 promulgated under Title III of the Second War Powers Act, as amended, 56 Stat. 176, 50 U.S.C.A.Appendix, § 631 et seq., and later adopted under the Veterans’ Emergency Housing Act of 1946. Jurisdiction is conferred by Section 7(c) of the Veterans’ Emergency Housing Act of 1946, 60 Stat. 207, 50 U.S.C.A.Appendix, § 1821 et seq., and Revised Judicial Code, 62 Stat. 869, Title 28 U.S.C.A. § 1345.
The Second War Powers Act and the Veterans’ Emergency Housing Act (in part) had been repealed prior to both sales.
In considering the issues of law raised by the foregoing facts which are not in substantial dispute, there is presented at the outset the question of whether the sales were in fact violations of the Act. It is the contention of the complainant that “the repeal of the 1946 Act was accomplished according to and by virtue of Section 1(b) of the Act itself, and that it was not intended that Section 5 should be repealed.”
Section 1(b) of the Veterans’ Emergency Housing Act provides: “The provisions of this Act, and all regulations and orders issued thereunder, shall terminate on December 31, 1947, or upon the date specified in a concurrent resolution by the two blouses of the Congress, declaring that the provisions of the Act are no longer necessary to deal with the existing national emergency, whichever date is the earlier.”
Section 5 of the same Act states: “Notwithstanding any termination of this Act as contemplated in section 1(b) hereinabove, the provisions of this Act, and of all regulations and orders issued thereunder, shall be treated as remaining in force, as to rights or liabilities incurred or offenses committed prior to such termination date, for the purpose of sustaining any proper suit, action, or prosecution with respect to any such right, liability, or offense.”
Section 1(a) of the blousing and Rent Act of 1947, 50 U.S.C.A.Appendix, § 1881 (a) , is as follows: “Section 1. (a) Sections 1, 2(b) through 9, and sections 11 and 12, of Public Law 388, Seventy-ninth Congress, are hereby repealed, and any funds made available under said sections of said Act not expended or committed prior to the enactment of this Act are hereby returned to the Treasury: Provided, That any allocations made or committed, or priorities granted for the delivery, of any housing materials or facilities under any regulation or order issued under the authority contained in said Act, and before the date of enactment of this Act, with respect to veterans of World War II, their immediate families, and others, shall remain in full force and effect.”
In urging this proposal, the complainant overlooks the fact that the 1946 Act was not repealed by the happening of either of the contingencies designated in Section 1 (b) , but by the force and effect of Section 1(a) of the 1947 Act, wherein, with the exception of certain sections not here material, there is specific repeal. The claim is predicated upon the theory that Section 1(a) and the provisions of Section 5 were in effect saving clauses which extended the operation of the statute. This position is unsound, because Section 5 was expressly repealed by Section 1(a) of the 1947 Act. United States v. Carter et al., 5 Cir., 171 F.2d 530. While it is true that “any allocation made or committed, or priorities granted for the delivery, of any housing materials or facilities” under the authority of
It is my view that the sale itself is the violation contemplated by the statute; if it occurred prior to repeal, it could be prosecuted before or after repeal; if it occurred subsequent to repeal, it cannot be held to be a violation. Here clearly the facts necessary to constitute a violation occurred after repeal. No proviso is contained in the Act of 1947 to maintain ceilings on the sale price of dwellings, and the failure to so provide might well 'have been that Congress deemed the situation did not require further supervision. Whatever powers were vested in Priorities Regulation 33 of the Second War Powers Act, under which it was promulgated and later adopted and continued in effect under the Veterans’ Emergency Housing Act, would appear to have been abrogated. The Second War Powers Act was repealed by the First Decontrol Act of 1947, 80th Congress, 1st Session, Public Law 29, Approved March 31, 1947, and effective June 30, 1947, SO U.S.C.A.Appendix, § 633 note. The Housing and Rent Act of 1947 carries the same effective repeal date.
Accordingly, there must be judgment for the defendants, and an order to that effect will be entered.