Page:Federal Reporter, 1st Series, Volume 8.djvu/125

MUBBAT V> OVI^STOIiTZ. lll �ing the decision of the case in the supreme coiirt, the same as if no judgment of ouster had been rendered ; and they aver that respond- ents threaten that they will interfere with complainants by prose- cuting, arresting, and seizing any of their agents who may be engaged in the prosecntion of their lottery business, thus anticipating the, judgment of the supreme court of the United States upon the afore- said writ of error. �If the threatened proceedings on the part of respondents should be enjoined at all, it is because, if peruiitted, they would interfere with the power and right of the supreme court of the United States, by virtue of the writ of error, to take control of, and deal with, the entire subject-matter of the litigation. Whether the supreme court bas jurisdiction by virtue of the writ of error, and whether, if so, the threatened proceedings would interfere with its exercise, are questions for the supreme court to decide, and cannot be determined by a judge of the circuit court. �The complainants have set ont in their bill very fully the substance of the proceedings in the qva warranto case, and also the steps taken in order to obtain a writ of error and supersedeas, and counsel have argued before me at great length the question whether there was a federal question in the case, which involves, of course, the question whether the supreme court bas jurisdiction thereof. It is not only clear that this is a question which might be decided by the. supreme court, but also that it cannot be decided by any other court. And, since the decision of this question must precede and in large uieasure determine the question of the right of complainants, to the injunc- tion, I am clearly of opinion that the application must be addressed to the supreme court or to one of the judges thereof. That court is authorized to issue any writ which may be necessary for the exercise of its jurisdiction, and agreeable to the usages and principles of law. Eev. St. § 716. If the effect of the threatened proceedings would be to interfere with the exercise of the jurisdiction of the supreme court in the quo. warranto case, or to deprive the complainants of the full benefit of their writ of error and supersedeas bond, then the supreme court can enjoin them, and a temporary injupction for that purpose can be granted by a judge of that court. �I know of no authority for the doctrine that the circuit court, or a circuit judge, may interpose, by, injunction, to p^event the execution of the judgment of a state court, upon theground that it has been Buperseded by an appeal to the supreme court, or to enjoin state officiais, or others, from disregarding auch supersedeas. In every ��� �