Evening star., 1944-02-29
Further 0pA Action
Waited as High Couif
Bars Hecht Injunction

DdH HeCm mJunCllOn
Further legal moves in the long
extended court tight between the
Once Of Price Administration and
The Hecht co. awaited decision
by the OPA today, following .
Supreme Court ruling that the Gov
ernment agency was not auto
matically entitled to an injunction
to bar further price law violations
by the firm.
The case, If revived, will be taken
to the District Court of Appeals
whose opinion that the injunction
should have followed as a matter Of
course was overruled by the Supreme
Court. The Court OF Appeals may
be asked to decide whether some
order other than an injunction
would be proper.
The case grew out of OPA charges
made in 1s42 that the company had
made 1888 sales above ceiling prices
and collected $4,62l.53 above price
maximums. The firm answered that
breaches OF the law were made in
good faith" and arose out of the
natural difficulties involved in at
tempting to live up to new and COM
plicated regulations.
First Complaint Dismissed
Thereafter the OPA sought a
permanent injunction, which would
have subjected the company to
contempt proceedings in the event
of future violations. The District
Court dismissed the complaint in
its entirety, but the Court of Appeals
later agreed with the OPA that the
injunction should have been issued
as matter of course-the conclu-
sion overruled by the Supreme Court
yesterday.
Justice Douglas read the opinion
OF the court, which stood unani-
mously on the principle that the
injunction should not have been
issued. Justice Roberts disagreed
with the courts disposition of the
case, holding the Court of Appeals
should have been reversed and Dis
trict Court upheld, which presuma-
bly, would have been a barrier to
further proceedings.
The price law permits the OPA
administrator to ask for an injunc-
ton or some other order when con-
fronted with violations.
In a statement on the decision
Charles B. Dulcan, ST.. vice president
and general manager of the Hecht
Co., said:
THE United States Supreme
Court has written another chapter
in the long and tedious legal contro-
versy between the ONCE of Price
Administration and the Hecht Co.,
and we are ratified over the vote
OF confidence we have received, and
over the fact that our position has
been vidicated.
In no sense, however, can we
look upon the outcome in terms of a
triumph or a victory because we
have never considered the contro-
versy as fight against OPA. The
point at issue was merely one of
complete compliance. There was
never any disagreement between
ourselves and the objectives of the
OPA.
Our attitude has always been,
and will continue to be, in complete
harmony with the purposes of the
price-control regulations-to help
prevent imitation in this country.
We shall pursue this course with
every means at our disposal, as we
are doing now and as we have done
in the past.
"Simplification Of OPA regulations
must eventually come about. We
sincerely hope it will be accom-
plished quickly, 50 that the retailers
OF America may be able to under
stand and interpret the rules and
give maximum compliance, and
thereby stamp out the ever-present
threat Of imitation and rising costs.
No Conflict Of Viewpoint.
Meantime the OPA has had a
difncult job to do. We believe. that
1t has tried to do that job honestly
and efficiently. We, on the other
hand, have also had a job to do
the job Of carrying out the distribu-
ton of civilian goods in an orderly
way, under the pressure and handi-
cap of complex regulations.
1T is regrettable that the two
jobs-our job and that of OPA-
have seemed to be in conflict. There
was never any conflict of viewpoint
Our objectives have always been the
same-to fight the inflationary
spiral and help our country win this
war.
The fact that the decision, that
OF the Supreme Court, was in our
favor does not lessen the obligation
we feel to continue our policy of
complete cooperation with the
Of1ice OF Price Administration and
all governmental wartime bureaus.
But since this was broadly con-
sidered test case and the integrity
OF American retailers was at stake.
1t became our duty to take up the
defense of the retail industry. This
we have done, not for the purpose
OF winning the verdict over OPA,
but to vindicate our position and
that Of our fellow retailers.
When the suit was filed in the
District Court-and before any
opinion was handed down. stated
that there was a moral point in
volved, a point of ethics, honesty
and intent. The decision of the
Supreme Court has substantiated
that view"
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