The Montgomery advertiser., 1908-04-14
WOULD CURB
 HIGH COURTS Bill Reported to Lessen
 Injunction. OF INTEREST TO ALABAMA Any One Federal Judge Prohibited from Granting Injunction. The Measure Was Designed to Meet All Conflicts Between Federal
 Courts aad the State
 Authorities.
OF INTEREST TO ALABAMA

Washington, April 13.--To meet con- flicts between the Federal courts and the State authorities. such as have arisen during the past year in Min- nesota, North Carolina, Alabama and other states, the Senate Committee on Judiciary. today reported a bill direct ing the method of procedure in cases where an effort is made in the Fed eral courts to enjoin State officials from enforcing State laws.
 The bill Is a compromise between measures introduced by Senators Over man, Bacon and the late Senator Bryan, of Florida, and was reported by MT. overman. It has received much attention at the hands of the com- mittee and is intended not only to lessen the frequency of injunction in such cases, but to modify and soften the process when 1t is resorted to. It prohibits 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 ba either circuit or a district judge. It also requires at least five days notice to the State auth critics and grants al. rect appeal to the Supreme Court of the United States.
 The text of the bill follows:
 That no temporary or fnteriocutory injunction CT temporary restraining or. der, or decree suspending or restrain< ing the enforcement. operation or exc. cution of any statute of any State by restraining the action of any officer of such State in the enforcement o1 execution of such statute, shall be Is. sued or granted by any circuit or dis, frt@ aR sl any judge or justice thereof on fht ground of unconstitutionality of the statute unless the application for tht same shall be presented to a. circuit judge, and shall be heard and deter. rnined upon Issue made and proof talk en by afndavit or otherwise by three judges of whom two shall be circuit judges and the third may be either circuit or district judge and unless majority of said three judges shah concur In granting such application.
 Whenever such application, as aforesaid, Is presented to a circuit judge he shall immediately call to his assistance to hear and determine fhe application. one circuit and one districf judge, or another circuit judge. Said application shall not be heard and de- termined until five days necessary for the hearing have been given to the Governor and Attorney General of the State and such other persons as nav be defendants In the suit; provided that If a majority of said judges are of the opinion at the time notice Of said hearing Is given as aforesaid, that fr- reparable loss and damage would re- suit to the applicant unless a tempor- ary restraining order, pending the period of required notice. is granted. a majority of said judges may grant such order. but the same shall onfv remain in force until the hearing and determination 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 interlocutorv injunction or restraining order in such cases ana the hearing of such appeals shall take, precedence over alI cther cases except those of a similar char- acter and criminal cases"