Page:United States Reports, Volume 209.djvu/149

 YOUNG. u.&  f il2 edginal oomp]z&mnt, it would seem necemarily to re-  that the charge of m unlawful discrimination is xot proved. In abort, there was no intmt on the part of the railway eom- lni' to do a wrongful ae, and the act itseft did not work any sulmaial injury to  rights of the complainant. We have not attempted o review in detail the great o/ tselSmo_, &mottoting to twe enormous printed volumes. It is enougk to s&y that a, ev-min,,tion of it clearly shows auffaeit emsons for the findings of fact made by the Circuit Court. In ehort, the findings of the Circuit Court were w&rranted by the tekony, and thoeo findings make it clear that there �was no unlawful discHiion. The  of the Circuit Court is MR. JYlC Mooo� did not hear the argument nor take part in th dision of this ce. Ez  YOUNG. F'FI'ION FOR  OF HABEAS, CORPU9 AND CERTIORARI. No. 10, Oviil.  D-.mber 2, a, 1907.--lhied M-eh 23, 19C8. Whi]e this court will not take jurisdiction if it should not, it must take juriz- dietion if it should. It cnnot, as the legislature may, Avoid meeting a measure because it desires so to do. In this es a mit Oy & stockholder ag, sim a eorporatic to m join the dirco- tots and officers from complying with the provisions of a state statute, alleged to be unomtitutionai, wa proply brought within Equity Rule 94 of tl court. An orc{ of the Ciult Court committing one for contemot for violatimm of a deere terecl in a suit o which it did not have {urisdiation is miniawful; sad, in such ee, upon proper application, thk court will dbshar ths psmm o held.

�