Frank Murphy

“ Bowles, supra, 321 U.S. 328, 64 S.Ct. 591, the term 'other order' contemplates a remedy other than that of an injunction or restraining order, a remedy entered in the exercise of the District Court's equitable discretion. ”

“ He can sue for damages and penalties, after the injured party has failed to do so in the time allowed; [9] to enjoin violation or secure an order for compliance, with temporary and permanent relief; [10] cause institution of criminal proceedings; [11] and require licensing of dealers with power to suspend the license and thus drive out of business. [12] This powerful battery of weapons does not call for reinforcement with armor not provided in the Act. It was equal to all tasks of enforcement which conceivably could arise.
Congress could not have been ignorant of the remedy of restitution. ”

“ Section 205 (e) gives the overcharged person his remedy, for damages with penalty, for a limited time. Thereafter the exclusive right to sue is the Administrator's, and what he recovers goes into the Federal Treasury, not to the overcharged person. This includes the amount of the overcharge, which is sued for here. These provisions taken together are a statute of limitations on the private right of recovery. Once the time goes by it is cut off and the Government's right takes its place, in vindication of the public interest. [13]
Restitution, as here sought, is inconsistent with both rights. ”

“ If any person selling a commodity violates a regulation, order, or price schedule prescribing a maximum price or maximum prices, and the buyer either fails to institute an action under this subsection within thirty days from the date of the occurrence of the violation or is not entitled for any reason to bring the action, the Administrator may institute such action on behalf of the United States within such one-year period. ”

“ In framing such remedies under § 205 (a) , courts must act primarily to effectuate the policy of the Emergency Price Control Act and to protect the public interest while giving necessary respect to the private interests involved. ”

“ Lee, 328 U.S. 246, 66 S.Ct. 1096.↑ The same report, at p. 25, also states: 'Section 205 (a) authorizes the Administrator to enforce compliance with the provisions of section 4 of the bill, whenever in his judgment, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of section 4, by making application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision. ”