The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-14
PROCEDURE IN
INJUNCTION CASES
Senator Overman's Bill Is Re
ported by Judiciary Committee
OF the Senate.

WASHINGTON. ID. O.. April Ito
meet conflicts between the Federal
courts and the State authorities, such
as have arisen during the past year
III Minnesota, North Carolina, Alabama
and other States. the Senate Commit
tee on the Judiciary to-day reported
q bin directing the methods of pro-
cedurc in cases where an effort is
made in the Federal courts to enjoin
State officials from enforcing state
laws. The bill is compromise be-
tween measures introduced by Senators
Ovcrman. Bacon and the late Senator
Bryan. of Florida. and was reported by
Mr. Overman. II has received much
attention at the bands of the commit
tee. and is intended not only to lessen
the frequency of injunctions in such
cases, but to modify and soften the
process when 1t is rcsorted to. 1t pro-
hibits any one Federal Judge from
granting such an injunction, but re-.
quires that all applications for such
orders shall be heard by at least three
Federal judges. two of whom shall
be circuit judges. while the third may
be either q circuit or a district Judge.
Ii also requires at least five days notice
to the State authorities, and grants direct
aprcal to the Supreme Court OF the United
States.
The Bill.
The text of the bill follows:
That no temporary or interlocutory In
junction or temporary restraining order or
decree suspendlng Or restraining the EN-
forcemcnt operation or execution of any
statute of any State by restraining the ac-
tion of any officer of such State in the en-
fcrcement or maintainence of such statute
shall be issued or granted by any circuit OF
district court OF the United states or by any
n loo cr jusfipa thereof the ground of
uuconstitutionality of the statute, unless the
application for the same shall be presented
to circuit Judge and shall be heard and
determined upon issue made and process by
three judges of whom two shall be circuit
| Judges and the third may be either circuit
OF district Judge, and unless a majority
OF said three Judges shall concur in granting
| such application. Whenever such applica-
| Judge, he shall Immediately call to his as
| sistance to hear and determine the applica-
/ tior one circuit Judge and one district judge
o. another circuit judge.
Five Days Notice.
said application shall not be heard and
1 determined until five days necessary for the
| hearing has been given To the government
Governor and Attorney General of the State
| and such other persons as may be defendant:
! in the suit.
Provided, that If a majority of said judges
are OF the opinion at the time notice OF sale
| tyailng is given aforesaid, that irrepar
4 /ble loss and damage would result to Thu
i arplicant unless a. temporary restraining or
der pending the period of required notice, 4
/ granted, n majority of said judges may gran
! snch order, hut the same shall only remain
in force until the hearing and determination
OF the application upon due notice as afore
suid has taken place; that an appeal ma
bs taken directly to the Supreme Court D
tho United States from any order or deere
granting or denying, after notice and hear
Ing, temporary or interlocutory iriunctio
o. restraining order In such case and tn
hearing OF such appeal shall take prece
dence over all other cases except those OF
Similar character and criminal cases.