Page:United States Statutes at Large Volume 44 Part 1.djvu/923

 999 TITLE 88.-—JUD1C1\1L 0 .wm;m},uch circuit, or at such place outside of the same gu; the mm&g· may stipulate ein- writing, except when it cm not be heard by the district judge ot  In use of the absence from the district ot the district judge, or ot his disability, any circuit judge ot the clrcuitin which the district is — Situated 'maygrant an in5u¤c=tiou_or restraining order m my case pending in- the Qstrict court, where the same might be granted by the district judge. (R. 8. $,719; Mar. 3, 1911, c. 231, 5 264, 36 §tat. 1162.) · _ — » 379. (Judicial-_ Code, jectiou 265.) Same; stay in _Stste `wurts.-—'11;e· writ of injunction shall not be grunted, by my murtv not the United. States to stay proceedings in anyelcom-t » of `a State, cxcéptfin cases where such iujunctionf may be auu§orizcd· by any 1hiv' relating to p¤>cecomgp’ in bankruptcy. ut. s. 5 720; mu-. 8, 1911, cl 21,1 265. sostat. 1162.) A · 380. (Judicial Code, section   nnended.) Same; alleged · unconstitutiomkty of State statutes; appeal to 6 Suprenle Court.-=-No interlocutofy injunction suspwding use restraining tue enforcement, operation, lor execution _·ot» nny— statute ot a smc by restraining the action of unyromcer ot such Suite ln so the ento»teQnt or execution ot such statute, or in the enforce: ment or executioxroll in order made by an administrative boardcr commission acting under had pursuant to the statutes ot . Such State, shall be issued or   by `euy justice of the n Supreme 'Court, or-`uy any district court of the United States, or by any judge thereof, or by any circuit Judge acting as dis» trict judge, . upon the groundof the uucoustltutionulity of such f Statute, imxcss me eppncmqn means same snsu se. presented to a justice ot the Supreme   of the United Staten or to u circuit- or district judge, dud shall be heard and determined by three judges, Jo! whom out least one shall be a justlceotltnc Supreme Court og • circuit 1¤d8¢. und¤tl1e other twq_.may be either drcuit or mfct judges; and unless a majoidty ot said three judges emll ncur in gnntingsnch npplicationw Whenever such application an aforesaid lu presented to s justlce of the Supreme  or to a_ judge,'ho shell {lmmedintelycgll to his assistance to .hca.1f‘and determine  dppllcation two other judges: Providw, Isowover, That one ot such three judges " shim be u»·jnstice ot the Supreme Court, o17_n.cii·cult judge. Said Application ehulliuot be beard on determined before Mat. least _ tive days' notice of the benrlnglms- been given to the governor and to the nttomeyygenernl of the ¥StnteQ and to, such other persons as may be defeudanti ln the suit: Probldédt That it or s opinion that irreparable loss or damage would result to the complninanf unleu a temporary rutrainlng order is granted, any justice of the Supreme -0ourt, or any circuit or district judge, may grant such temporary rutralning order utsnny time before such hearing and ’detci·minn¤on ot the application tot un inter4 u locutory injunction, but such temporeryieotrninlng otde; snail remuin in force only until hearing and determination of the application to: `I!1 lnterlocutdiv injunction upon notice as, utoresnidl ( The bearing umn auch npplication (or an ciuter- 1scu_to»y. injunction shall be given ntwedeuce und shall be as every way e éedited and be nskued for Q peering at the earliest pmcgcgble dey sftei· the expiration ot the notice herelnbctore provided for; An nppél may be taken ldirectjto the Supreme mutt oi' the United States itom `tlxe order grsntlng or denying; utter notice and hmrlng, nn lntuloentory lujnnc-` · tion in eeuch case. ,It is further i Dmvided that -115 before the __ mist hearing ot such Qppllcntion • mit shall have been brought ln a court of the State having jurisdi®n thereof under laws or such °8QBt&,·'Q0“GDf9l‘€¢  or onder, ec@m—~- peniedu by" retny in such Bute courtot pio@in¤ statute o1·_ ordu pending the determinntion; ot auth mit by such State court, all smodiup y in any court of the United · ·Stn·tes·to{ reétmin the execution of   statute or ¢n*d•s· null be stayed pending the   ot such ault in the courts ot the Stats. _ Such stayvmuy be vacetedupon proof mode after hearing, and notice- ·ot ten duyp served upon tlm attorney

ODB AND JUDIOIARY § 385 general of the State, that the suit ino the State courts is not being probecuted with diligence `and good faith; The requirement respecting the pgesence of three judges shall also apply to the tml hearing in such suit in lthe/district court; and a f direct appeal to the Supreme Court may be taken from a final decree panting or dexiying ·a permanent injunctim in such suit. (June 18, 1910, c. ,309, S 17, 36 Stat. 557; Mai. 8, 1911, c. 231, { 266, l86 Stat.·11&; Mu,. 4, 1913, c. 160, 37 Stat. 1013; Feb. 13, 1925,13 229. { 1. 43 Stat. 938.) I t j ' T381. Same ;° preliminary injunction: and temporary restraining _¤rders.—~N0 prellmlnaryinjunctiou shall bh issqedwithout notice to the opposite ‘paLrty. ‘ » _ A, I  · No. temp0rau·y i·estrhini11g_ order shall be granted without notice to the opposite party unless it shall clearly appear from specific iactsi shown by' nfiidavit or; by the- verihw bill that immediate arid,. irreparable- injury, loss, `eor damage will rwult t0_the epplica ‘ before notlce_.can~ be served and thearing had thereof:. Eve';} such V temporary restraining order shall be indorsed withZthe`d;1te pm bour‘ot_1smance,  be Imnwim tiled in.'the.clerk’s omce and entered of record, shall dehge the injury and State why it is irreparable and why the etdex was granted · without npfice,. by its tum expire within, such time nite: entry] not to exceed ten days, as the court or judge·m¤y.¤x, unless within the time •o hed the order in extended for A like 'period fdr good cause shown, und the reasons {ori such extension shnllbe  ctajecord. In mae. dh temporary restralinlng brder shall be `gruted withemt umm in the contingency specified, they matter ct the immcé ct 1 preliminary `iujunctibh shall be set down fcr_ sz henrmget the earliest ppssible time and- Iphall take precedence of ell matter: except older matters qt the anim character; ind when the Psame coma up for hearing t.he·` party obtiinlng the mmm mry restraining ‘order;..shal1 proceed with the spvllmtiea for n preliminary injunction, and it he‘·d0es not dc` s0__the court shall Qlmolve the Wemporary. restraining  _Up0¤ Stw¤_ days' notice to the party ovtninlnymch  .¤»·t ¤. Q g qrder theoppbsite purtymny appmr and move, the diwcluum ¢0l'~‘ll16dl¤¢8U0¤ bf the order, uid il1_ that cvwt the court er judge shall proceed tb beer and determine tbe mown an expeditiously is the ends dot justice may. féquire. (BQ S. { 718;* Mar. 3j 1911, cg 231, { 263, 36 Stat. 1162; Oct. 15, 1914, c. - 882. Same; security on issuance nf.-—·Emept as otherwise provided in section .26 of Title I5, no   order er interlocutory order of injunction shall. igsue, except upon the ¢vipg_ bt security by“ the. applicant in 'sncb semen tbe»ceurt or judge may deem proper, conditioned upon the payment ef _such costs   daméges as may be incgurredter suEexed by any party whe may be·1’0tmd`to. hate been wrongfully c£3inethe1·’ docummt,-the act er new sought tq be restrained, and shalybe binding only upon the parties to' the suit, their. e&eers, agents, servants, employees, and at-- tomeys, 0: those in active concert or participatingwith them, ana. whashell, by personal sefvice or otherwise, heve received · actual imtice of the game} » (Oct. 15, 1914,-_c. $,19, 88 Bmt. 78&)  . . ·  _  884. (Judicial Cade. 267.) Suits in equity, when not numsinnble.-»··-Suits in equity shall not  sustaiueq in any court at the United States 111 eny case where A plain, adequate, nm .cémplete`@dy my be hid at law. (R.-`S. § 723; Mar. 3; 1911, c. 2m,`§°%1,‘86 Stat. hw.) t _ ‘ . _ _ $5.  Code, section 268.) `Admiluistraticat of mths; ; _ iaid courts; shall have ivower to impose and dll necesmry paths, end to- -puuish,‘ by Sue or im-
 * ¤ 17, 38,Stat..,137,) · `_ W ‘ f _ ·-