The Birmingham age-herald., 1910-07-02
FEDERAL BILL ID
 AFFECT ALABAMA
May Influence the Injunction
 Against State Rates :.
TEXT OF VITAL SECTION
Three Federal Judges Must In Future Pass on Matter Before a State Statute Can Re En-
 joined

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 Louisville and Savannah. is finished be- l fore August 1S and a permanent injunc- ton granted against the Alabama rates, it is said to be improbable that any in junction will be granted, should the state lose out in the hearing.
 The situation is brought about by the passage of an act of Congress known as an act to create commerce court and to amend the act entitled an act to regu- late commerce. The bill was approved June IS, and it provides among other things that the district judge can't issue an interlocutory injunction suspending or restraining the execution of any state statute.
 In effect this recent act of Congress. which will become effective August IS. provides that three judges, one of whom must be justice of the supreme court or circuit judge, must hear the petition before an injunction can issue. In the past any United States district judge could issue an interlocutory injunction, as did Judge Thomas G. Jones against the Alabama rates
 This injunction has been dissolved and testimony is now being taken in Louis vile and Savannah, which will be pre- scented to Judge Jones by the railroads, who will request of him permanent in-
 junction. according to the masters re- port.
 The bill which has such vital effect upon the pending Alabama rate cases sets out in section 1T as follows:
 Section r. That no interlocutory in
 junction, suspending or restraining the enforcement, operation or execution of any statute of the state by restraining the action of any officer of such state in the enforcement or execution of such statute shall be issued or granted by any justice of the supreme court, or by any circuit court of the United States, or by any judge thereof, or by any district
 judge acting as such a judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the supreme court ofsthe United States, or to a circuit judge, or to district judge acting as circuit judge, and shall be heard and determined by three judges. of whom at least one shall be justice of the supreme court of the United States or circuit judge, and the other two may be either circuit or district judges, and un- bless a majority of such three judges shall concur in granting such applications. Whenever such application as aforesaid ;c ad to in9tica the Slreme court of the United States, or to judge, he shall immediately call to his assist ance to hear and determine such applica- tion two other judges; provided, however, that one of such three judges shall be a justice of the supreme court of the United States or a circuit judge. Said ap- pication shall not be heard or determined before at least five days notice of the hearing has been given to the governor and to the attorney general of the state, and of such other persons as may be defendants in the suit; provided, that if of opinion irreparable loss or damage would result to the complainant unless a temporary restraining order is granted, any justice of the supreme court of the United States, or any circuit or district judge. may grant such temporary re- straning order at any time before such hearing and determination of the appil- cation for an interlocutory injunction. but such temporary restraining order shall only remain in force until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such appli- cation for an .interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice herein- before provided for. An appeal may be taken directly to the supreme court of the United States from the order grant ing or denying, after notice of the hear ing an interlocutory injunction in such case.
 Sec. 1s That this act shall take ef- feet and be in force from and after the expiration of 60 days after its passage, except as to sections 12 and Is, which sec lions shall take effect and be enforced immediately. Approved June IS, 1910."