Page:United States Reports, Volume 209.djvu/206

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forbid him from app?Sng to the courts of W? in name of the State to te?t the validity of the act in question? And why nmy not the Fedend court lay its hands even upon the jud? of the state court itseft, wh?n,,ver it prooeed? ? the railway company ,nd?r the stz? law? The subject nmtter of these que?oos has evklently been con?dered by this court, and the startlingo comequenc? would result from ,m ?mmmtive answer to them have not been overlooked; for, in its opinion, I find the?e obeervatiom: "It is proper to add that time right to enjoin an individual, even though & state official, from comrn?noJng I?tits ulgier cumstance? already stated, does not include the power to restrain a court from acting in any c?e brought before it, either of a civil or crimin,d nature, nor does it incJude power to prevent any investigation or action by a grand jury. The latter body is part of the machinery of a orlmin?! court, an injunction against a st&te court would he a violation o! whole scheme o! our government. If an injunction ?gainst an individuaJ is disobeyed, and he commence? proceedin? before ,? grand jury or in a court, such disobedience is persouaJ only, and the court or. jury can proceed without incurring any pen- alty on that account. The differehce between the power to enjoin an individual from doing certain things, and the power to enjoin courts from proceeding in their own w?y to exercise jurisdiction is plain, and no p?wer to do the latter exists be- cause of a power to do the former." If an order of the Fed- eral ?urt forbidding a state court or its grand jury from attempting to enforce a state enactment would be "a viola- tion of the .whole scheme of our government," it is difficult to perceive why an order of that court, forbidding the chief law officer and all the district attorneys of a State to represent it in the courts, in a particul? case, and practically, in that way, closing the doors of the state court against the State, would not also be inconsistent with the whole scheme of our govemme,?t, and, therefore, beyond the power of the court to make.