ff shall be held in escrow for the benefit of the union
to be delivered to it upon compliance by it.

"(c) To the War Manpower Commission, in the case of noncomplying
individuals, directing the entry of appropriate orders relating to the
modification or cancellation of draft deferments or employment
privileges, or both.

"Franklin D. Roosevelt.

"The White House, _Aug. 16, 1943._"[72]

CONSTITUTIONAL BASIS OF SANCTIONS

Sanctions were also occasionally employed by statutory agencies, as by
OPA, to supplement the penal provisions of the Emergency Price Control
Act of January 30, 1942;[73] and in the case of Steuart and Bro., Inc.
_v._ Bowles,[74] the Supreme Court had the opportunity to attempt to
regularize this type of executive emergency legislation. Here a retail
dealer in fuel oil in the District of Columbia was charged with having
violated a rationing order of OPA by obtaining large quantities of oil
from its supplier without surrendering ration coupons, by delivering
many thousands of gallons of fuel oil without requiring ration coupons,
and so on, and was prohibited by the agency from receiving oil for
resale or transfer for the ensuing year. The offender conceded the
validity of the rationing order in support of which the suspension order
was issued, but challenged the validity of the latter as imposing a
penalty that Congress has not enacted, and asked the district court to
enjoin it. The Court refused to do so and was sustained by the Supreme
Court in its position. Said Justice Douglas, speaking for the Court:
"Without rationing, the fuel tanks of a few would be full; the fuel
tanks of many would be empty. Some localities would have plenty;
communities less favorably situated would suffer. Allocation or
rationing is designed to eliminate such inequalities and to treat all
alike who are similarly situated. * * * But middlemen--wholesalers and
retailers--bent on defying the rationing system could raise havoc with
it. * * * These middlemen are the chief if not the only conduits between
the source of limited supplies and the consumers. From the viewpoint of
a rationing system a middleman who distributes the product in violation
and disregard of the prescribed quotas is an inefficient and wasteful
conduct. * * * Certainly we could not say that the President would lack
the power under this Act to take away from a wasteful factory and route
to an efficient one a previous supply of material needed for the
manu