Federal Injunction of State Officers

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U.S. Government Printing Office, 1912 - 63 páginas
Considers injunctions against common carriers.
 

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Página 17 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Página 14 - Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
Página 60 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where a plain, adequate and complete remedy may be had at law.
Página 32 - Either some Caesar or Napoleon will seize the reins of government with a strong hand, or your republic will be as fearfully plundered and laid waste by barbarians in the twentieth century as the Roman Empire was in the fifth, with this difference, that the Huns and Vandals who ravaged the Roman Empire came from without, and that your Huns and Vandals will have been engendered within your own country by your own institutions.
Página 31 - It is quite plain that your government will never be able to restrain a distressed and discontented majority. For with you the majority is the government, and has the rich, who are always a minority, absolutely at its mercy. The day will come when in the state of New York a multitude of people, none of whom has had more than half a breakfast, or expects to have more than half a dinner, will choose a legislature.
Página 32 - On one side is a statesman preaching patience, respect for vested rights, strict observance of public faith ; on the other is a demagogue ranting about the tyranny of capitalists and usurers, and asking why anybody should be permitted to drink champagne, and to ride in a carriage, while thousands of honest folk are in want of necessaries.
Página 31 - But the time will come when New England will be as thickly populated as Old England. Wages will be as low, and will fluctuate as much with you as with us. You will have your Manchesters and Birminghams, and in those Manchesters and Birminghams hundreds of thousands of artisans will assuredly be sometimes out of work. Then your institutions will be fairly brought to the test.
Página 23 - is the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.
Página 29 - In many states the judges are dependent for office and for salary on the will of the legislature. The constitution of the United States furnishes no security against the universal adoption of this principle. When we observe the importance which that constitution attaches to the independence of judges, we are the less inclined to suppose that it can have intended to leave these constitutional questions to tribunals where this independence may not exist, in all cases where a state shall prosecute an...
Página 60 - Judicial power is never exercised for the purpose of giving effect to the will of the judge ; always for the purpose of giving effect to the will of the Legislature, or, in other words, to the will of the law.

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