PENALTIES AS AFFECTED BY GOOD FAITH LITIGATION

There are many state laws, as well as the so-called National Emergency Acts and other federal laws, providing for the imposition of penalties for the violation of a statute, or an order or regulation of a board, commission, or executive officer. Under, the National Industrial Recovery Act, sec. 3 (f), penalties are fixed for the violation of codes promulgated thereunder. In many instances the penalties are cumulative, each day's violation being a separate offense. The primary question here to be discussed is whether good faith litigation as to the validity of such a law, code, order or similar regulation gives immunity against the imposition of any penalty whatsoever with respect to violations taking place during such litigation.