Auerbach

In the matter of U. S. v. Auerbach and the related cases, I have come to a conclusion on the motions to dismiss. I have not had time to formalize my views but I think in justice to counsel and for their guidance in this and future cases, as well as for anyone who might care to have the benefit of my thoughts on the subject, it would be preferable if I should express the reasons for the conclusions which I will shortly announce.

Each of the indictments charges the defendants with violations of the Emergency Price Control Act, 50 U.S.C.A. Appendix, § 901 et seq., in connection with rental regulations. All of the acts alleged to have been performed by the defendants occurred prior to June 30, 1946. Some of the charges are contained in indictments where conspir acy counts are alleged as well as substantive offenses, and some of the charges are contained in informations where no conspiracy is charged.

The motion to dismiss is made on several grounds. It was voiced on behalf of all of the defendants in the various cases by the motion filed by Mr. Lavine.

His point No. 4 is that each of the transactions as set forth was a transaction for services in securing an accommodation and…