The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-04-15

- DO Repoeesd no The Senate
- nnr1sned % Prevent COnaicsa Of
psAssasy Bsstssa sease and Fed
- Qcerea ~ A

.|
GlD0 peogeen ths federal courts and
- oonHs sntherstsss. such a. have
eg>coo euv>eg the pas< year In Min
Nossh Cafolina. Asabama and
c>16s statss the senate committee on
- >tsdicary today reported . bill al
tetung ths method % procedure In
eassp where an effort u made In the
fsder~l courts 10 snjein state onsciais
nom enforcing state laws. The bill
- . ,oonpromiss between measures In
'Foduceo BY Senators ovcrman. Bacon
&44 NE late Senator Bryan OF Florida
end was reported ~ Mr.. ovsrman. II
has received much attention at the
hAssas Of the committee and 10 intend
q not only to lessen tn frequency OF
injunctlens IN such cases. hut to modi-
q and soften the process when Il 10
sesortsd to. II prohibits any one fed
srsl jndse from sraAting an injunction,
byt requires that IN applications for
s5ch orders shall be heard by at
least three federal judges. two of
whom shall be circuit Judges, while
me third may DO sithsr circuit
Qr > district Judge. IL, alsso requires
~ 1>nee ~ 1euesp paSGests - fths stase
enthsrs<ie~ and ersuts direct appeal
70 shs Supreme court Of the United
stases- The tsxt Of the bin follows:
That no temporary or interlocutory
injunction or temporary restraining
order Of decree suspendins or re-
s<rainlns the enforcement. operation
OF execution OF any statute OF any
seste ~ restraining the action OF any
ofncsr o. such state In the snfdrce-
mont ortsxecution of such statute
shail n iaDued or granted by any
e1rcudt Or district court Of the United
sesses o. BY any Judge or justice
osreof upon the ground of uncon-
sesutionaiity OF the statute. unless
thsh application for the ZANE shall be
vsesentsd 10 q circuit Judge and sbul,
b beard and determined. upon issue
MADE and pfoof taken by afndavit or
otherwise. by three judges. of whom
1.-TWO shAli b circuit judges and the
th<rd nay be either q circuit or a dis
rscs Judge. and unless . majority of
said three judges shall concur In
srsn2ing such spplication. Whenever
such application. an aforesaid. is pre-
ssnted to n circuit Judge he shall
immedaateT summon to his assistance
20 hear and determine the application
one circuit judge ,and one district
judgsNor another circuit nudge. Said
Application shall not be>heard and de-
ssrmined until ave Days notice for the
hearing has been siven to the gov
srnor and attorney general of the
state and such other persona as may
be defendants In the suit. Provided.
That II q majority Of said judges are
Of the opinion at the time notice Of
nd heAring is given IN aforesaid, that
irreparable loss and damage would re-
suit 10 the applicant unless a tenn
porary restraining order, pehdins the
period OF required notice. In granted
majority of said judges may grant
such order. but the same shall only
remain In force until the hearing ano
determination Of the application. up
on due notice. AZ aforesaid. has taken
place; an appeal may be tken direct
TO the supreme court OF the United
States from any order>or decree grant
inG or denying. after notice and hear.
Ing. temporary or interlocutory In
junction or restraining order In, such
case: and ths hearing OF such appeal
shaIl take precedence over all other
cases except those Of a similar char
acter and criminal cases."