The sun., 1908-04-23

heard upon the motion. The statute
further provides for a direct appeal "a
the Supreme Court OF the United States
from any order granting or denying an
injunction in this class Of cases.
The unanimity with which the Senate
passed this bill is quite remarkable, In
asmuch as many members Of that body
are strongly opposed TO the doctrine Of
the decision In the Minnesota case. Their
attitude however, was we'll explained by
the remarks Of Mr.. 0vEBMIN Of North
Carolina, who pointed out that there
would not be nearly 80 much objection
10 an injunction against the enforcement
of law which iAssa been granted
by three Judges after careful hearin g
and deliberation as had been aroused by
the idea that a single Judge without
notice 10 any one could stay the eIecu-
ton Of a statute solemnly enacted by q
State Legislature. We quote from his
speech on this subject
This measure proposes that whenever a ped
iiOn Is presented the Circuit Judge before whom
IL Is presented shall before granting the inIunc-
uon call IN one Circuit Judge and one District Judge
oranother Circuit Court Judge, making three Judges
who shall pass upon the question Of the injunction.
We think. SIR that II this could be done It would
allAy much intense feeling In the States As was
said by Mr. Justice HARLAN In bis dissenting opln
Ion in the Minnesota case. We have come to a sad day
when one subordinate Federal Judge can enjoin
the of1cer Of a sovereign State from proceeding
70 enforce the laws Of the State passed by the Legs
ature Of his own State and thereby suspendinE
for ume the laws Of the State. In other words,
In effect we thought under the Eleventh Amend
ment State could not be sued but the Supreme
Court In the Minnesota case says q suit against
the Attorney General OF State Ia not suit against
the state That being so, there being great iesl.
Ing among the people OF the States by reason Of the
fact that one Federal Judge has tied the hands Of
sovereign State and enjolned In this manner the
great ofhcer who Is charged With the enforcement
Of The laws Of the STATE causing almost revolution
as Il did In my State and In order to Aay this feel
ing II this substitute is adopted and three Judges
have TO pass upon the question OF the constitution
atty ofa State statute aad three great Judges say
that the statute Is unconstitutional the ofcers Of
the State viii be less inclined TO resist the orders
and decrees Of our Federal courts The people
and the courts Of the State are more inclined TO abide
by the decision OF three Judges than they would
Of one subordinate inferior Federal Judge who
simply upon petition or upon a hearing should Tie
the hands Of a State ofhoer nom proceeding with
the enforcement OF the laws OF his sovereign State"
Senator KNOX Of Pennsylvania also
made it very clear that the bill was re-
strictive in it's character and in no wise
enlarged the jurisdiction of the Federal
courts, but merely recognized that jur-
isdiction as expounded in the Mime
sofa case. In brief, Congress thereby
says TO the Judges Of the United States
that hereafter no individual Judge sit
ting in one Of the lower Federal courts
shall interpose, where he now has the
power to do so, TO restrain an officer Of
a State in enforcing a law Of the State
unless his judgment to the effect that
such restraint ought TO be exercised is
by two other Judges sitting
and acting with him.
This is a wise and conservative change
in the law Of procedure relating TO in.
functions and will, no doubt, insure the !
exercise Of the greatest possible care on
the part Of the Federal judiciary in ex-
most delicate jurisdiction
that is to say, the power to prevent State |
officers from enforcing a State law on
the ground that the law violates the
Constitution Of the United States.