Chapter 160. Restricting the issuance of interlocutory injunctions to suspend the enforcement of the statute of a State or of an order made by an administrative board or commission created by and acting under the statute of a State
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CHAP. 160.— An Act Restricting the issuance of interlocutory injunctions to suspend the enforcement of the statute of a State or of an order made by an administrative board or commission created by and acting under the statute of a State.March 4, 1913.[[S. 8439](/us/bill/62/s/8439).][[Public, No. 445](/us/pl/62/445).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemble*,Judicial Code.Interlocutory injunctions.Vol. 36, p. 1162, amended.
That section two hundred and sixty-six of the Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, is hereby amended by inserting in line four, after the words “in the enforcement or execution of such statute,” the words “or in the enforcement or execution of an orderOrders of State commission added. made by an administrative board or commission acting under and pursuant to the statutes of such State.
” At the end of section two hundred and sixty-six, as so amended,Additional proviso. add the following: " *“It is further provided*, That if before the final hearing of suchStay of proceedings pending suit in State court application a suit shall have been brought in a court of the State having jurisdiction thereof under the laws of such State to enforce such statute or order, accompanied by a stay in such State court, of proceedings under such statute or order pending the determination of such suit by such State court, all proceedings in any court of the United States to restrain the execution of such statute or order shall be stayed pending the final determination of such suit in the courts of the State.
Such stay may be vacated upon proof made after bearing and notice of ten days served upon the attorney general of the State that the suit in the State courts is not being prosecuted with diligence and good faith.”" So that section two hundred and sixty-six as amended shall readAmended section. as follows: " “Sec. 266. No interlocutory injunction suspending or restrainingState statutes.Interlocutory injunctions based on alleged unconstitutionality of restricted. the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or executionOrders of boards or commissions. of an order made by an administrative board or commission acting under and pursuant to the statutes of such State, shall be issued or granted by any justice of the Supreme Court, or by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit or district judge, and shall be heard and determined byTo be heard before three judges. three judges, of whom at least one shall be a justice of the Supreme Court or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application.
Whenever such application asApplications. aforesaid is presented to a justice of the Supreme Court, or to a judge, 1014he shall immediately call to his assistance to hear and determine the application two other judges: *Provided, however*, That one of such*Provisos*.Qualifications of judges.Notice to State officials, etc. three judges shall be a justice of the Supreme Court, or a circuit judge. Said application shall not be heard or determined before at least five days’ notice of the hearing has been given to the governor and to the attorney general of the State, and to such other persons as may be defendants in the suit: *Provided*, That if of opinion that irreparable loss or damage would result to the complainant unless a temporary restraining order is granted, any justice of the Supreme Court, or any circuit or district judge, may grant such temporaryTemporary restraining order to prevent irreparable loss. restraining order at any time before such heating and determination of the application for an interlocutory injunction, but such temporary restraining order shall remain in force only until the hearingIn force only until hearing. and determination of the application forPrecedence of hearings. an interlocutory injunction upon notice as aforesaid.
The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be taken direct to the Supreme Court ofDirect appeal to Supreme Court. the United States from the order granting or denying, after notice and hearing, an interlocutory injunction in such case. It is furtherStay of proceedings if suit pending in State court. provided that if before the final hearing of such application a suit shall have been brought in a court of the State having jurisdiction thereof under the laws of such State, to enforce such statute or order, accompanied by a stay in such State court of proceedings under such statute or order pending the determination of such suit by such State court, all proceedings in any court of the United States to restrain the execution of such statute or order shall be stayed pending the final determination of such Suit in the courts of the State.
SuchIf suit not in good faith, etc., stay to be vacated. stay may be vacated upon proof made after hearing, and notice of ten days’ served upon the attorney general of the State, that the suit in the State courts is not being prosecuted with diligence and good faith.” " Approved, March 4, 1913.