hecht bowles argued decided february charles horsky washington petitioner chester lane washington respondent justice douglas delivered opinion sec emergency price control act stat ii et et provides judgment administrator person engaged engage acts practices constitute constitute violation provision section act may make application appropriate order enjoining acts practices order enforcing compliance provisions upon showing administrator person engaged engage acts practices permanent temporary injunction restraining order order shall granted without bond question case whether administrator established defendant engaged acts practices violative act entitled right injunction restraining defendant engaging acts practices whether discretion grant withhold relief sec act makes unlawful person sell deliver commodity violation specified orders regulations administrator regulation issued act effective may provided person sell deliver commodity price higher authorized maximum price fixed determined regulation since maximum prices fixed reference earlier base periods regulation also provided preservation examination existing records provision likewise made keeping current records reflecting sales made filing maximum prices administrator substantial controversy facts petitioner operates large department store washington business departments store sells separate line merchandise fall administrator started investigation determine whether petitioner complying act regulation investigation check confined seven departments seven departments violations disclosed result suit brought complaint charged violations maximum price provisions regulation violations regulations governing keeping records reporting administrator administrator payed injunction enjoining petitioner selling delivering offering sale delivery commodity violation regulation failing keep complete accurate records required regulation answer petitioner pleaded among things failure neglect comply regulation involuntary corrected soon discovered numerous violations respects prices records discovered thus six seven departments investigated occurred may october sales excess maximum prices overcharges statements filed administrator deficient items merchandise omitted items respect records kept showing maximum prices determined doubt however petitioner good faith diligence district found manager store offered laboratory administrator might experiment regulation might issued prior promulgation regulation petitioner created new section known price control office office undertook bring petitioner compliance requirements regulation advance effective date head office together seven assistants devoted full time endeavor store employees one million two hundred thousand articles merchandise furniture departments alone thousand transactions first ten months difficulties encountered interpreting regulation determining exact nature article whether previously sold price etc absence adequate records made difficult ascertain prices earlier period misunderstanding regulation confusion part employees trained problems interpretation administration complexity problem fallibility humans combined produce numerous errors district concluded pricing listing made good faith without intent violate regulations district also found mistakes brought light corrected vigorous steps taken hecht company prevent recurrence mistakes mistakes future company increased price control office employees new methods internal control instituted early november view avoiding future violations new system control improved situation petitioner undertook make repayment overcharges brought light investigation case customers identified proposed contribute remaining amount overcharges local charity district concluded issuance injunction effect way insuring better compliance future petitioner public interest accordingly dismissed complaint brown hecht appeal appeals district columbia reversed judgment one judge dissenting held findings district supported substantial evidence except consider whether evidence supported findings injunction insure better compliance future unjust petitioner view latter findings immaterial construed act require issuance injunction order matter course violations found case question writ certiorari granted importance problem administration act respondent insists mandatory character clear language history purpose argues granted permissive since section provides administrator apply injunction injunction granted used ordinary sense pointed bill act final form substituted passed house provided proper showing injunction order granted without bond words proper showing stricken senate replaced words showing administrator person engaged engage acts practices senate report analysis stated showing administrator person engaged engage acts practices temporary permanent injunction restraining order order granted without bond support view issuance injunction mandatory violations shown sought pattern federal legislation provides relief injunction aid law enforcement contain provisions quite close language others provide injunction restraining order shall granted proper federal district courts shall jurisdiction restrain violations cause argument congress desired give district courts discretion grant withhold relief injunction chose apt words make desire plain agree cessation violations whether institution suit administrator bar issuance injunction think circumstances must issue injunction order administrator seeks seems apparent face room exercise discretion part requirement temporary injunction restraining order order granted though administrator asks injunction order might appropriate least appear thus present case one judge appeals felt district dismissed complaint entered order retaining case docket right administrator notice renew application injunctive relief violations recurred indeed difficult imagine situations might fairest course follow one practically effective issuance injunction order moreover seem type order faithful reading permit issue compliance proceeding however may seem clear might deem order appropriate evil hand one sought say lacks power make choice thus seems falls short making mandatory issuance injunction merely administrator asks moreover support legislative history view granted less mandatory literal reading might suggest already referred portion senate report lends support position administrator another portion report following reference suits enjoin violations act common substantially regulatory statutes bill authorizes official charged duty administering act apply appropriate state federal order enjoining person engaged engage acts practices constitute constitute violation provision bill courts given jurisdiction issue whatever order enforce compliance proper circumstances particular case supra grant jurisdiction issue compliance orders hardly suggests absolute duty circumstances think congress intended make drastic departure traditions equity practice unequivocal statement purpose made stop compare provisions requirements federal statutes governing administrative agencies said make mandatory agencies take action certain facts shown exist dealing requirements equity practice background several hundred years history day stated appeal equity jurisdiction conferred federal district courts appeal sound discretion guides determinations courts equity meredith city winter historic injunctive process designed deter punish essence equity jurisdiction power chancellor equity mould decree necessities particular case flexibility rather rigidity distinguished qualities mercy practicality made equity instrument nice adjustment reconciliation public interest private needs well competing private claims believe major departure long tradition proposed lightly implied think history language compel noted moreover governs procedure federal state courts gives state courts concurrent jurisdiction federal district courts civil enforcement proceedings therefore even compelling conclude congress desired make abrupt departure traditional equity practice suggested made desire plain hence resolve ambiguities favor interpretation affords full opportunity equity courts treat enforcement proceedings emergency legislation accordance traditional practices conditioned necessities public interest congress sought protect morgan cases cited mean imply courts administer grudgingly repeat stated morgan supra page page respecting judicial review administrative action agency regarded wholly independent unrelated instrumentalities justice acting performance prescribed statutory duty without regard appropriate function securing plainly indicated objects statute agency means adopted attain prescribed end far duties defined words statute words construed attain end action neither body repeat day mistake made courts law equity struggling recognition ameliorating system justice neither rightly regarded alien intruder tolerated must never encouraged aided attainment common aim administrator carry sole burden war inflation courts also entrusted share responsibility discretion must exercised light large objectives act standards public interest requirements private litigation measure propriety need injunctive relief cases discretion reflect acute awareness congressional admonition consequences war except human slaughter inflation destructive supra delay indifference may fatal whether district abused discretion dismissing complaint question reach judgment must reversed cause remanded appeals determination reversed justice frankfurter agrees emergency price control act apart dispensing requirement bond change historic conditions exercise courts equity power issue injunctions according appeals dispose cause justice roberts opinion judgment appeals reversed district affirmed footnotes sec provided part otherwise provided general maximum price regulation seller maximum price commodity service shall cases seller dealt similar commodities services march highest price charged seller commodity service charge made commodity service similar commodity service nearly like cases seller deal similar commodities services march highest price charged month closely competitive seller commodity service charge made commodity service similar commodity service nearly like price charged march purposes general maximum price regulation highest price charged seller march shall highest price seller charged commodity delivered service supplied march seller made delivery supplied service march highest offering price delivery supply month seller maximum price commodity priced determined seller pursuant formula prescribed sec entitled records provided part person selling commodities services upon sale person maximum prices established general maximum price regulation shall preserve examination office price administration existing records relating prices charged commodities services delivered supplied march offering prices delivery supply commodities services month prepare july basis available information records thereafter keep examination person ordinary business hours statement showing highest prices charged commodities services delivered supplied march offering prices delivery supply commodities services month together appropriate description identification commodity service customary allowances discounts price differentials sec entitled records provided person selling commodities services upon sale person maximum prices established general maximum price regulation shall keep make available examination office price administration records kind customarily kept relating prices charged commodities services sold effective date general maximum price regulation addition records showing precisely possible basis upon determined maximum prices commodities services sec provided june every person offering sell commodities retail shall file appropriate war price rationing board office price administration statement showing maximum price commodity together appropriate description identification statement shall kept date person filing first day every succeeding month statement maximum price commodity newly offered sale previous month together appropriate description identification commodity sess showing person engaged engage act practice permanent temporary injunction decree restraining order shall granted without bond investment company act stat investment advisers act stat securities act stat securities exchange act stat fair labor standards act stat national labor relations act stat clayton act stat federal trade commission act stat