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U.S. Supreme Court

Ex Parte Metropolitan Water Co., 220 U.S. 539 (1911)

Ex Parte Metropolitan Water Company of West Virginia

No. 19, Original

Argued April 24, 1911

Decided May 15, 1911

220 U.S. 539

The provisions of § 17 of the Act of June 18, 1910, c. 309, 36 Stat. 557, in regard to interlocutory injunctions to restrain the enforcement of state statutes on the ground of unconstitutionality, relate to the hearing of the application, and a single judge has no jurisdiction to hear and deny such an application. He must, prior to the hearing, call to his assistance two other judges, as required by the act.

A single justice or judge who, without calling to his assistance two other judges as required by § 17 of the Act of June 18, 1910, c. 309, 36 Stat. 557, denies an application for injunction in a case specified in said act, on the ground that the state statute involved is constitutional, acts without jurisdiction, and the order is void.

Where no appeal is given by statute, mandamus is the proper remedy, Ex Parte Harding, 219 U. S. 363, and so held as to an order made by a single judge denying a motion for injunction in a case specified in § 17 of the Act of June 18, 1910, c. 309, 36 Stat. 557, the statute only providing for appeals from orders made after hearing by three judges.

The facts, which involve the construction of § 17 of the Act of June 18, 1910, c. 309, 3 Stat. 539, 557, in regard to the practice to be pursued in courts of the United States in a case where an interlocutory injunction is applied for to restrain the enforcement, operation, or execution of a state statute by restraining the action of any officer of the state, are stated in the opinion. chanroblesvirtualawlibrary

Page 220 U. S. 540

MR. CHIEF JUSTICE WHITE delivered the opinion of the Court.

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