Page:United States Reports, Volume 209.djvu/188

 1. OiYl'OBF& TERM, 1907. 014, of fi (L 20 U. & the right, ill both civil and crimlnM cases, to hold and main- tain'such jurisdiction, to the exclusion of all other courts, until its duty is fully performed. Prm v. $rr, 188 U.S. 537, 544, But the Federal court cannot, of course, interfere in 'a ease where the proceedings were already pepcling in astate cottrt. l"ybr v. Tagstar, 16 Wall. 366, 370; Hartm&r ; Wle!, 172 U.S. 148. Where one commences a criminal proceec who is already pm'ty to a suit then pending in a court of equity, if the criminal proceedin? are brought to enforce the same. /ght that is in issue before tkat court, the latter may enjoin such criminal proceedings. Dvi8 &�. Co. v. Los A;/d, 189 U.S. 207. In Dobb/ v. Lo Angde, 195 U.S. 223-241, it iS remarked by Mr. Justice ly, in delivering the pini$n of the court, that "it is Well settled tlmt where property. rights will be de- etroyed, unlawful intederence by criminal proceedings under = void law or ordinance nmy be reached and controlled by a court of equity." $myth v. Ame (supra) distinctly enjoined the proceedings by indictment to compel bedience to the rate t. These cazce show that , court of equity is not always pre-' eluded from granting an injunction to stay proce in trimlull caes, and we have no doubt the princ/ple appli in & case such a$ the prezent. In re $aurtter, 124 U. 8. 200, 211, is not to the contrary. That case holds that in general a court of equity ha no jurisdiction of a bill to stay eriminM pro- ceedings, but it exprcealy states an exception, "uniem they are instituted by a party to the suit already pevdin before it and to try the same right tlmt is in issue there?' Various authori- ties are cited to susta/n the exception. The eriminal pro- teedlugs here that could be commenced by the state authori- rice would,be under the statutce relating to paasenger or freight rates, and their validity is the very question involved in the. suit in the United 8tatce Circuit Court. The right to testrain proceedin by mavmm is bed upon the sme foundation nd governed by the me prineiplm.

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