Page:United States Reports, Volume 209.djvu/189

 20g U; 8. Oplnion of ti urt. Itis proper to add that the right to enjoin an individual, even though a state official, from commencing euits under circum- stances already stated,. does not include the power to restrain a court from acting in any ce brought before it, either of a civil or criminal nature, nor does it include power to prevent any investisaion or action by a grand jury. The latter body is pm-t of the machinery of a criminal court, and an injunction against a state court would be a violation of the whole scheme of our Government. If an injunction against an individual is disobeyed, and he.commences proceedings before a grand jury or in a court, such disobedience is personal only, and the court or jury can proceed without incurring any penalty on that accotint. The difference between the power to enjoin an individual from doing certain thln, and the power to enjoin courts from proceeding in their wn way to exercise jurisdiction is plain, and no power to do the latter exists because of a power to do the former. It is further objected that there is a plain and adequate remedy at law open to the complinnt8 and that a court of equity, therefore, ]ms no jurisdiction in' such case. It has been snggezted that the proper way to test the constitutionality of the act is to disobey it, at least once, after which the company miEht obey the act pending subsequent proceedings to test its validity. But in the event of a single violation the p .ro.ecutor might not avail himself of the opportunity to make the te es obediense to the law wes therefter continued, and he might think it unneceszary to start an inquiry. If, however, he should do so while the company wes thereafter obeying the law, several years might elapse before there wes a final deter- mination of the question, and if it should be .determined that the law wes in.valid the 'property of the company would have been taken during that time without due proce of law, and there would be no poesibility of its recovery. Another obetacle to making the test n the part of the com- pany might be to find lm agent or employ who would disobey

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