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32.

HEARINGS

BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON THE
JUDICIARY, UNITED STATES SENATE

ON THE BILL

S. 3724

A BILL REGULATING INJUNCTIONS AND THE
PRACTICE OF THE DISTRICT AND CIRCUIT
COURTS OF THE UNITED STATES

WASHINGTON

GOVERNMENT PRINTING OFFICE

1910

712

D. OF D. MAR 1 1910

JK1542 A5 1910

HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE, ON THE BILL S. 3724, REGULATING INJUNCTIONS, ETC.

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The following is the bill forming the subject of the hearings:

[S. 3724, Sixty-first Congress, second session.]

A BILL Regulating injunctions and the practice of the district and circuit courts of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no temporary or interlocutory injunction or temporary restraining order, or decree suspending or restraining the enforcement, operation, or execution of any statute of any 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 circuit or district court of the United States or by any judge or justice thereof upon the ground of unconstitutionality of the statute, unless the application for the same shall be presented to a circuit judge and shall be heard and determined, upon issue made and proof taken by affidavit or otherwise, by three judges, of whom two shall be circuit judges, and the third may be either a circuit or a district judge, and unless a majority of said three judges shall 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 the application, one circuit judge and one district judge or another circuit judge. Said application shall not be beard and determined until five days' notice of the hearing has been given to the governor and attorney-general of the State and such other persons as may 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 irreparable loss and damage would result to the applicant unless a temporary restraining order, pending the period of the required notice, is granted, a

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