Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-14
one JUICE CANNOT HEAR CASE
Judge Before Whom Motion 10 Made
Must Cali to Ills Assistance at
Least Three Other Judges = Pro-
posed Law 10 Compromise on
Three eilla Which Were Introduced.
tny Ansuc!ated preaa,

=
WASHINGTON, ID. C.. Aprll Ito
meet coniiicta between Federal courts
an6i the state authorities such M have
aiison during The past year In Mime
sofa, North Carolina, Alabama and
other states the Senate committee on
judiciary today reported bill direct
lng the method OF procedure IN cases
whore an effort Is made IN the Fedcial
courts 10 enJon state officials from
enforcing stntc laws.
The bill is compromise between
measures introduced by Senators oy.
crmnn, bacon and the late Senator
iiyan. OF Florldn. and was reported
by Mr.. Ovcrman. 1t has received
much attention at tho han s of the
committee and Is intended not only
to Jesse the frequency of iujunctionH
IN such cases, bot to modify AL soften
the process when II Is rosortcd to.
1t prohibits any one Federal Judge
from granting such nm injunction, but
requires that all applications for such
orders shall be heard by nj least three
Federal Judges. two OF whom shall b.
circuit Judges, while the ihird may bo
either circuit or n district Judge. II
also requires at least five days notice
to the states authorities and grants
direct appeal TO the Supreme Court Of
the United Stntcs.
Text OF the Bill.
The text of tho bill follows: "Thut
no temporary or intcrlocutory injunc-
lion or temporary restraining order.
or decree suspending or restraining
the enforcement, operation. or exc
cut'on of any statute of any state by
restraining the action OF any officer
OF such state In the enforcement or
execution of such statute shall be is
sued or grTnted by any Circuit or dis
trict court OF the United States or by
any Judge or Justice thereof upon tho
ground of unconstituionality OF the
statute. unless the applicant for the
same shall be presented to circuit
Judge and shall be heard and deter
mined. upon issue made and PROOF
taken by affidavit or otherwise by
three Judges of whom two shall be
circuit judges. and the third may he
either circuit or a distrlct Judge ami
unless a majority of said three judges
shall concur In granting such appli-
cation
can't Hear Case Alone.
Whenever such application as
aforesaid is presented to circuit
judge he shall Immediately call to his
assistance to hear and determine tho
application, one circuit judge and one
district Judge or another circuit Judge.
Said application shall not be heard
ana determined until five days mecca
Sary for the hearing has been given
to the governor and attorney general
OF the state and such other persons
as may be defendants in the suit.
Provided that If Il majority of saiu
judges arc of the opinion al the time
of said hearing is given az aforesaid.
that irreparable loss and damage
would result to the pplicant unless
temporary restraining order, pending
the perold OF required notice is grant
ed. u majority of said judges may
grant such order. but the same shall
only remain In force until the hearing
and determination of The application,
upon duo notice as aforesaid has ia
ken place; that an appeal may be
'ken directly to tlic Supreme Court of
The United sites from order or decree
granting or denying after notice and
hearing Of such application shall take
precedence over all other cases except
those OF similar character and crim-
inal cases"
-------ss----,a--