Watson's Jeffersonian Magazine, (Vol. III, No. 1), January, 1909Various
History
Watson's Jeffersonian Magazine, (Vol. III, No. 1), January, 1909
Various
United States -- Politics and government -- Periodicals
How far practice had departed from the equitable principle that all
remedy in the State Courts must be exhausted before complainants might
appeal their case to the United States Courts, is emphasized by the
impression amounting almost to a sensation, produced by the decision,
on November 30th last by the Supreme Court covering the Virginia
railway rate case, wherein an injunction had first been obtained by the
corporation from a lower Federal Court, preventing the enforcement of
the two-cent rate prescribed by the Railway Commission of the State.
This restraining order was passed May 14, 1907, and the effect thereof
was to prevent the exercise of the Railway Commission’s legitimate
control over the passenger traffic of their State until now. The
rebuke to Federal Judge Pritchard, who granted the injunction, in the
reversal of his findings in favor of the railroad comes from a source
which the American people have desired to esteem as their highest
source of justice, and will have admirable effect. Not only will it do
much to allay the irritation and the distrust which has been growing
for many years against this tribunal, but it will have most salutary
effect upon insolent Federal Judges and ruthless corporations. The
injunction has been their sword and buckler. Ignoring the State Courts,
they have rushed to obtain injunctions against the enforcement of any
measure they happened to dislike. Armed with the premature mandate of
a Federal officer, they have defied public opinion and the sovereign
authority which created and nurtured them. A firm check on the abuse of
the injunction, had become a crying necessity, if the public were to
respect wise injunctions and uphold the law.
The decision has been hailed with what could honestly be called
“pleased surprise”—so many disappointments had led to the belief that
corporate interests were obliged to triumph. Wide-spread approval
has been accorded the ruling. In a few instances criticism has been
proffered, to the effect that the points over which the case originally
occurred are unsolved and that the question of railroad regulation is
as misty as before. These are matters, however, which do not touch the
principle of State’s redress first, which was universal before the
misconstruction of the 14th Amendment made possible such usurpation of
authority as the one for which Judge Pritchard has been called down.
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