Page:United States Statutes at Large Volume 37 Part 1.djvu/1036

SIXTY·SECOND CONGRESS. Sess. III. Crrs. 159, 160. 1913. 1013 EAP. 15D.—An Act To create • aa., a as M a 1.. ...,,.,1,.,*(,.."°•*",...*·*."·°·‘ ¤·*·**¤·· Sm‘·····*#*¤·¤··=¤*=···· was Bei¢enqdedbyt7•¢SenateandHouseo Bepresentativeso the United `mm`] States o{ America ea Oongresc qeeernhd, That sectionf fo -four ,b§°•¤*‘>°•* ¤¤¤•°· hun and fourteen of the Revised Statutes of the Unitedtgtates er asu. be amended zlmserting rn_ the iirstdparagraph thereof, after the ""',T,,, g‘:,_‘°' L°• words "New leans, Lou1s1ana," an before the words “Ju|;g3u -¤-.•¤»m4.p.ss•, Ahqkt, the words "L0s , California"; and that the vu.a•{p.m•. section be further amended mserting in the fifth paragraph thereof, after thenwords "Po d, Maine/’ and before the words Juneau, Alaska, the words "Los Angela, Califomia." Approved, March 4, 1913. GHAP.160.—AnActB4estrrct1ng` theinuanceof ']|mc¤m‘ ‘ , Inch mt. pcndtheenfc¤:emeptpfthestatuteofaStateorofe]nl‘ 1ll: mmf ‘] uvelmardorcomm1¤mnue•tedby•nd•cthig1md¤·thestat11teofa8tate. [1>¤b¤s.1la.us.] Bei¢e1u1dedbyt]•cSenatea4ndHouse theUni·¢d mud., Statupf Agneriar in T t section tie hundred l¤¤I·¤<>¤¢i¤°g`rr inand SLX:K·SIX of the entitled "An Act to revise, and, ven. so, p. un, amend e laws relating to the judiciary," appmv March third, ""°"""’· nmeteen hundred and eleven, 18 hereby amended by inserting in 11ne four, after the words "in the enforcement or execution of such 0,,;,,0,8,,,,, statute," the words_"or m the enforcement or execution of an order mi-¤¤¤¤¤¤¤¤· made by an administrative board or commission acting underand pursuant to the statutw of such State." At the end of section two hundred and sixty-six, as so amended, “‘““°“"*"""'°· add the foll0wing:Q _ _ "It ·i.s·__furt}u2r provided, That if before the final hearing of such p3$l¤:!.'i.iYiY.°`i;iQT application a suit shall have been brought in a court of theState °°'“" having jurisdiction thereof under the laws of such State to enforce such statute or order, accompanied by a stay in such State court, of proceeding? under such statute or order pending the determination of such suit y such State court, all proceedings 1D 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 hearing and notice of ten days served upon the attomey general of the State that the suit in the State courts is not being promuted with diligence and good faith." . Séolphat section two hundred and sixty-six as amended shall read *m°°°°‘*"°“°"· as o owe: "Sec. 266. No interlocutory injunction suspending or restraining §Q;':3;c";‘§;·" ,¤_ the enforcement, operation or execution of ang statute of a State junctions sanaésgn. by restraining the action of any officer of such tate in the enforce- .§¥§°,;_,,,,mma°"“ ment or execution of such statute, or in the enforcement or_execution 0..;.., of bus,. .,, 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 bg) any distmct court of the United States, or by any judge thereof, or y any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute, unless the ap lication for the same shall be presented to a justice of the Supreme gourt of the United Statm, or To be hem, Mm to a circuit or district judge, and shall be heard and determined by nhmjueru. 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 c1rcuit or district judges, and unlem a majorit%lpf said three judges shall concur in granting such application. enever such application as ·*PPu°°"’”- aforesaid is presented to a justice of the Supreme Court, or to a judge,