Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1908-04-22
THE WORK OF CONGRESS
Doings of Our National Law Maker.
Day by Day.
Enjoining State Official.

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To meet conflicts between the Fed
eral courts and the State authorities
such as have. arisen during the past
year in Minnesota, North Carolina
Alabama and other States the Senate
committee on the judiciary reported
a bill directing the method Of proce-
dure in cases where an effort is made
in the Federal courts to enjoin State :
officials from enforcing State laws
The bill is a compromise between
measures introduced by Senators Oy-
er.nan, Bacon and the late Senator
Bryan, of Florida, and was reported
by Mr.. Overman. 1t has received
much attention at the hands of the
committee and is intended not only
to lessen the frequency of iniunctions
in such cases, but to modify and soft
en- the process when it is resorted to.
1t prohibits any one Federal Judge
from granting such an injunction, but
requires that all applications for snch
orders shall be heard by at least
three Federal judges, two OF whom
shall be circuit judges, while the
third may be either circuit or dis
<trict Judge. It also requires at least
FIVE. days, notice TO the State anshori-
ties, and grants. direct appeal to- the
Supreme Court Of the United States.
The text Of the bill follows:
Text Of the Bill.
"That no temporary or interloeu.
tory injunction or temporary re.
straining order, or decree suspendins
or restraining the enforcement ,oper.
alton or execution of any statute. OF
any State by restraining the action OF
any officer of such State in the en-
forcement OF execution Of such statute
shall be issued or granted by any cir.
cult or district court Of the United
States or by any Judge or justice
thereof upolr the ground of unconsti-
tutionality of the Statute, unless the
application for tie same shall be pre-
sented to circuit judge and shall be
heard and determined, upon issue
made and proof taken by affidavit
or otherwise, by three judges, OF
whom two Shall be cireuit judges ana
the third may be either a circuit or
district judge, and unless majority
of said three judges sEall concur in
granting such application. When
ever such application, as aforesaid,
is presented to a circuit judge he
shall Immediately call to his assist
ance to hear and determine the ap-
plication. one circuit Judge and one
district judge, or another circul.
judge.
Five Days Notice.
"Said application shall not be
heard and determined until five days'
notice necessary for the hearing has
been given to the Governor and AT
torney General of the State and such
other persons as may be defendants
in the suit. Provided, that if a ma
iority of said judges are of the opia-
ion at the time notice Of said hear
ing is given as aforesaid, that ire.
parable loss and damage would result
to applicant unless temporary re-
straining order, pending the period OF
required notice is granted, majority
of said Judges may grant such orders
but the same shall only remain in
force until the hearing and determi-
nation of the application. upon due
notice as aforesaid, has taken place;
that an appeal may be taken directly
| to the Supreme Court of the United
States from any order or decree
| granting or denying, after notice and
hearing. temporary or intcrlocptory
injunction or restraining order IN
such case: and the hearing of such
| appeal shall take precedence over all
| other cases except those of similar
character and criminal cases.