Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-03-24
WIPE OUT POWER
OF STATE COURTS
supreme Court Hands Down Sweep
ing Decision

where the state enactment Is alleged
to be a violation of the constitution
of the United States and in such cases
1t is proper for these courts to take
Jurisdiction equally with the state
courts, as the constitution for the
United States is by its own provisions
the supreme law of the land, any
thing in state legislation or law to the
contrary Notwithstanding, and there
is no usurpation of Jurisdiction in
such event. The same duties rest
upon the state courts, and the party
had hts choice of forum without any
invidious distinction against the state
courts and in favor OF the federal
courts because of his choice of the
latter.
When federal court has taken
jurisdiction Of cases before any pro-
ceeding in state court has author
ity to decide the case and to enjoin
any person from proceeding in a state
court until the federal court has pro-
ceeded to judgment. This is also a
well-established right of a court Of
equity and no new ground is taken in
this case"
The opinion turned almost entire
ly upon the penalty provisions of the
rate laws, and the courts views on
that point were stated in the follow
ing extract from the opinion:
Penalty Provisions Too Drastic.
For disobedience of the freight
act the officers, directors. agents and
employees of the company are made
guilty and upon conviction each may
be punished by imprisonment in the
county jail for a period not exceed
ing 80 days. Each violation would
be separate offense and therefore
might result in Imprisonment for the
various agents of the company who
would dare disobey for a term of 90
days each for each offense. Disobe-
dience to the passenger act renders
the party guilty of felony and sub
ject to a fine not exceeding $4,000 or
Imprisonment in the state prison for
period not exceeding FIVE years or
both fine and Imprisonment.
Each Sale a Violation.
THE sale of each ticket above the
price permitted by the act would be
violation thereof 1t would be diff
cult if not impossible for the COM
pany to obtain officers, agents or en-
ployes willing to carry on these AFFAIRS
except in obedience to the act and
orders in question. The company it,
self would also, in case of disobe-
dience, be liable to immense fine pro-
vided for in violating orders of the
company The company, in order to
test the validity of the acts, must find
some agent or employe to disobey
them at the risk stated. The nee
essary effect and result of such legis-
lation must be preclude a resort to
ltlC --ClLnSI nbdAC VI
for the people to test its validities.
officers and employees could not be
expected to disobey any of the pro-
visions of the acts or orders at the
risk of such fines and penalties being
imposed upon them in case the court
should decide that the law was valid.
The result would be a denial of any
hearing to the company.
"A law which indirectly achieves a
like result by imposing such condi-
lions upon the right to appeal for jul
dicial relief as works an abandon
ment OF the right rather than face
the conditions upon which IL is Of
fered or may be obtained is also I'M
constitutional. II may therefore be
said that when the penalties for dis
obedience are BY fines so enormous
and Imprisonment so severe as to In
timidate the company and its officers
from resorting to the courts to test
the validity of the legislation the re-
suit Is the same as II the law in terms
prohibited the company from seeking
judicial construction of the laws
which deeply affect its rights"