.

HEARINGS

BEFORE A

367

SUBCOMMITTEE OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

SIXTY-SECOND CONGRESS

SECOND SESSION

ON

S. 4366

A BILL PROVIDING THAT FEDERAL COURTS SHALL NOT
RESTRAIN OR ENJOIN STATE OFFICERS IN THE
ENFORCEMENT OF STATE LAWS OR OF

THE ORDERS OF PUBLIC-SERVICE
COMMISSIONS

Printed for the use of the Committee on the Judiciary

WASHINGTON
GOVERNMENT PRINTING OFFICE

1912

୮

FRIDAY, FEBRUARY 16, 1912.

COMMITTEE ON THE JUDICIARY,
UNITED STATES SENATE,
Washington, D. C.

The subcommittee met at 2.30 o'clock p. m.

Present: Senators Brown (chairman) and Overman.

Also present: Hon. John E. Eustis, a member of the Public Service Commission of the first district of the State of New York; Hon. Ira B. Mills, a member of the Railroad and Warehouse Commission of the State of Minnesota, and others interested in the proposed legislation.

Senator BROWN (chairman). This is a hearing on the bill S. 4366, introduced by Senator Nelson (by request), entitled "A bill to amend the act entitled 'An act to codify, revise, and amend the laws relating to the judiciary,' approved March 3, 1911."

The bill is as follows:

[S. 4366, Sixty-second Congress, second session.]

IN THE SENATE OF THE UNITED STATES.
JANUARY 11, 1912.

Mr. Nelson (by request) introduced the following bill; which was read twice and referred to the Committee on the Judiciary.

A BILL To amend the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and sixtyfive of the act of Congress approved March third, nineteen hundred and eleven, entitled "An act to codify, revise, and amend the laws relating to the judiciary,” be, and the same is hereby, amended so as to read as follows:

"SEC. 265. The writ of injunction shall not be granted by any court of the United States to stay the proceedings in any court of a State except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy; or to restrain the enforcement, operation, or execution of any statute of the State or any order, rule, or regulation having the force of a statute of a State, or order, rule, or regulation made by a commission or body authorized by State laws to regulate and control common carriers or other public-service corporations."

Senator BROWN. We shall be glad to hear you, Commissioner Eustis.

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