The opinion of the court was delivered by: BARD
This is an action brought by the United States of America to enjoin violation of Conservation Order L -- 41, 7 F.R. 2730, as amended, promulgated by the Chairman of the War Production Board under authority vested in him by Executive Order of January 16, 1942, No. 9024, 7 F.R. 329, as amended, under the provisions of Section 2(a) of the Act of Congress of June 28, 1940, entitled 'An Act to Expedite National Defense and for Other Purposes,' 54 Stat. 676, as amended, 50 U.S.C.A.Appendix, § 1152.
Jurisdiction of this action is conferred upon this Court by Section 24(1) of the Judicial Code, 28 U.S.C.A. § 41(1).
I make the following special
1. Defendant Harry E. Evans is a resident of the County of Chester, Village of Glenmoore, Commonwealth of Pennsylvania.
2. Pursuant to the Act of June 28, 1940, 54 Stat. 676, as amended, and Executive Order of January 16, 1942, 7 F.R. 329, as amended, the Chairman of the War Production Board promulgated Conservation Order L -- 41, as amended, which has been, at all times mentioned herein, in full force and effect.
4. On or about July 1, 1944, defendant commenced the construction of a two story brick and cinder block building on his premises situate at the Southeast corner of Wallace Avenue (Pa. Route No. 282) and Park Avenue, in the Village of Glenmoore, Wallace Township, Chester County, Pa. The building was intended and estimated to cost approximately $ 6,000.
5. Between July 1, 1944, and September 29, 1944, defendant completed about thirty per cent of the construction to the value of approximately $ 2,000.
6. On October 7, 1944, defendant assented in writing to the issuance of a consent order prohibiting defendant, his successors or assigns, from further construction at the aforesaid premises unless specifically authorized by the War Production Board and, pursuant thereto, the War Production Board published Consent Order C -- 218 on October 12, 1944, 9 F.R. 12504.
7. Notwithstanding the consent order, defendant did further construction on the premises in question with a total expenditure in excess of $ 7,000.
8. Until the date of this action, no written authorization was granted by the War Production Board to defendant to do any construction at the aforesaid premises.
9. The construction of a building by defendant at the Southeast corner of Wallace Avenue (Pa. Route No. 282) and Park Avenue in the Village of Glenmoore, Wallace Township, Chester County, Pa., is in ...