Federal Injunctions: Hearings Before the Committee on the Judiciary, United States Senate [Sixty-first Congress, Second Session] on the Bill S. 3724, a Bill Regulating Injunctions and the Practice of the District and Circuit Courts of the United StatesU.S. Government Printing Office, 1910 - 63 sider |
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action aforesaid amendment carrier character Chinese circuit court circuit judge citizen clamor committee Congress constitutional rights controversies corporations court of appeals courts of equity damage would result declared unconstitutional deprive district and circuit district judge sitting duty effect EMERY enacted enforcement equity power Ex parte Young execution exercise federal courts federal judiciary governor and attorney-general grant such order hearing and determination honor knows interlocutory injunction interstate commerce invalidate an act irreparable injury issue judicial power justice LATHROP legislature litigation National Government necessary North Dakota notice obtain officer passed penalties pending persons popular practical present preserve proceedings property owner property rights protection railroad company rate laws relief remedy Senator OVERMAN single federal judge suit suitor Supreme Court supreme law take jurisdiction taken temporary or interlocutory temporary restraining order three judges tion United UNITED STATES SENATE unless a temporary void law
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Side 28 - An Act to protect trade and commerce against unlawful restraints and monopolies...
Side 52 - ... shall be deemed guilty of a misdemeanor and upon conviction thereof shall for the first offense be fined not less than five...
Side 40 - ... unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a...
Side 3 - An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute...
Side 59 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.
Side 19 - States, or to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the Supreme Court, or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application.
Side 37 - ... be attended. we must decide it if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid, but we cannot avoid them. All we can do, is to exercise our best' judgment, and conscientiously to perform our duty.
Side 27 - Commission; but the commerce court, in its discretion, may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit.
Side 37 - The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.
Side 61 - ... and most essential powers, as well as to those which may be deemed questionable. It asserts that the agents of a state, alleging the authority of a law void in itself, because repugnant to...