Tom C. Clark

“ The Court of Appeals recognized that restitution of overceiling rentals may be ordered as ancillary to injunctive relief against violations of the Act or regulations. However, as petitioner conceded that it has no right to an injunction when rent control has been lawfully terminated, the court concluded that 'there remained no proceeding of which equity would have jurisdiction to which restitution could be adjunctive' and that restitution 'was neither appropriate nor issuable'. ”

“ Such a decree clearly enforces compliance with the Act and regulations for the period in which respondents demanded and received excess rentals. If the provision in § 206 (b) for orders enforcing compliance had been intended merely to insure subsequent obedience to rent regulations while in effect in a defense-rental area, it would have been unnecessary to authorize orders for other than injunctive relief since the latter remedy is wholly adequate to secure prospective compliance. ”

“ The Court said that the section 'anticipates orders of that character, although it makes no attempt to catalogue the infinite forms and variations which such orders might take. * * * In framing such remedies * * * 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. ”