Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-01-06
Pre.1riaI HEARING
In Hecht Co.-0PA
Battle Called Today
Proceedings Intended
To Cut Oral Testimony
On Price Charges


Pre-trial stipulations in the Gov
ernment's case against the Hecht Co.
on charges of price ceiling and price
posting violations will be disposed of
in Justice David A. Pines District
Court at / 80 pm. today, as the legal
battle between the Office of Price
Administration and two District de-
partment stores appeared to be near
ing trial court.
OPA is seeking permanent injunc-
tons against the stores.
The pre-trial proceedings, in
tended to cut down oral testimony
in trial court, will precede by "a
hours scheduled hearing on argu-
ments of similar nature involving
Woodward e. Lothrop.
Woodward Answer Filed.
It is understood that the Wood
ward e. Lothrop case, in which a
four defense answer including a de-
NAL of OPA charges was filed in
District Court late yesterday, will
also 60 through pre-trial proceed
ings, possibly Friday
It is possible the Hecht case may
reach trial court tomorrow, but it
is believed more likely it will be held
over to next week.
The answer filed yesterday by
Woodward & Lothrop, through Mel
son It. Harrison, Edmund L. Jones
and Howard Boyd, counsel for the
store, included a motion to dissolve
the temporary restraining order
granted OPA against the firm De-
cember II.
Grounds for Motion.
Grounds for the motion offered
were the following: That the
showing made by OPA was ir.-
sufficient to warrant the issuance
of the order without notice to the
store. that no irreparable injury
would have resulted to OPA or to
the public had no order been issued
and none will result from the disso-
luton of the order, and that the
OPA complaint is without merit
and mo injunctive relief OF any
nature is called for or justified"
The four defenses to the Govern
ment charges included the follow
ing: The complaint does not state
a cause Of action on which relief
may be granted; the store has not
violated the general maximum price
regulation; if the defendant has
failed to. conform to regulations,
which it does not admit, this failure
has been unintentional; and it
would be impossible for the store to
comply with an injunction any more
fully than it is complying with pres
ent regulations.
In its third defense, counsel for
the store point out that "at all times
1t has fully approved of and con-
CURED in the purposes and aims of
the Emergency Price Control Act of
1912 in the interest of national de-
tense and security
Endeavored to Comply.
To this end, the answer continues,
the store has faithfully and ear
nestly endeavored to comply in every
respect with the manifold provisions
or the regulation.
The act itself and the regulation,
are, however" the answer reads,
without precedent, as conse-
ouence of which the defendant as
we'll as those responsible for their
administration were at times I'M
certain AS to their proper interpre-
tation.
The defendant sought ad-
vice from representatives of OPA
and was given unsatisfactory and
conflicting answers. OPA af-
forded practically no help = in
carrying out the various provisions
Of the regulations.
"On one occasion during an in
vestigation by the OPA, one of the
agents when asked for advice
stated he was there to investigate
and not to say anything"
$4,000 Sales Daily.
The answer points out that the
store handles approximately T.
$4,000 transactions or sales an
nually at the average rate of $4,000
a day, most if not all of which in
Volve one or more items subject to
the regulations.
Under the circumstances" the
motion continues, 1t is possible
that in some remote or isolated
instances the defendant has not
conformed exactly to the regulation
IS now interpreted by OPA, but if
such be the case, which is not ad-
mitted failure to conform
has been wholly unintentional and
for all practical purposes beyond
the power of the store to prevent
In conclusion, the store maintains
that every effort is now being made
to observe the provisions of the reg
ulatlon, but it would be impossible
to comply with an injunction any
more fully than it is complying with
the regulation.