Initially, the Court notes that despite the plaintiff's lengthy citation of the legislative history surrounding the 1971 Amendments to the ESA, section 3, on its face, indicates that the Amendments are intended to supersede the FPCA in that Federal employee compensation shall not be greater than the guidelines established for wage and salary adjustments for the private sector.
As such, the plain meaning of the Amendments cannot be affected by resort to their legislative history. See Ex parte Collett, Ill. & Ky., 337 U.S. 55, 69 S. Ct. 944, 93 L. Ed. 1207 (1949); Gemsco, Inc. v. Walling, 324 U.S. 244, 65 S. Ct. 605, 89 L. Ed. 921 (1945); Kelm v. Chicago, St. P., M. & O. Ry. Co., 206 F.2d 831 (C.A.8, 1953).
Secondly, the Court finds that the plaintiffs have not met the tests which must be considered in assessing the propriety of preliminary injunctive relief. Under the case of Virginia Petroleum Jobbers Ass'n v. Federal Power Commission, 104 U.S.App.D.C. 106, 259 F.2d 921 (1958), the plaintiffs must demonstrate 1) that there is a substantial likelihood of success on the merits, 2) that without the relief sought they will suffer irreparable injury, 3) that the issuance of the preliminary injunction will not substantially harm other parties interested in the proceedings, and 4) that the issuance of the injunction will be consistent with the public interest.
With reference to test (2), the Court finds that all relief sought by the plaintiff is connected with wages and would be in the nature of money damages. It is well settled that monetary loss alone does not constitute irreparable injury. Tele Controls, Inc. v. Ford Industries, Inc., 388 F.2d 48 (C.A.7, 1967); Virginia Petroleum Jobbers Ass'n v. Federal Power Commission, supra.
Nor has the plaintiff established that a preliminary injunction would be consistent with the public interest. It appears to this Court that the issuance of a preliminary injunction might well be inconsistent with the public interest, as the economic stabilization program constitutes an integral part of the Legislative and Executive endeavor intended to deal with inflation, unemployment and this nation's adverse balance-of-payments situation. In view of the overall policy of this program, this Court must be reluctant to take measures which may well frustrate its purposes.
Finally, the plaintiffs have not demonstrated a substantial likelihood of success on the merits which would entitle them to the relief sought for the reason that this Court lacks jurisdiction over the President of the United States either officially or personally for his acts in the performance of his duties under the FPCA and the ESA. The fundamental doctrine of separation-of-powers dictates this result, and it has been settled since the case of State of Mississippi v. Johnson, 71 U.S. 475, 4 Wall. (71 U.S.) 475, 18 L. Ed. 437 (1866). In that case the Supreme Court commented on the impropriety of judicial interference with executive functions as follows:
"The impropriety of such interference will be clearly seen upon consideration of its possible consequences.
"Suppose the bill filed and the injunction prayed for allowed. If the President refuse obedience, it is needless to observe that the court is without power to enforce its process." 71 U.S. at 501.