US SUPREME COURT DECISIONS

1. Section 266 of the Judicial Code, which provides that no injunction restraining the enforcement of any statute of a state by restraining the action "of any officer of such state" in the enforcement of such statute shall be granted upon the ground of unconstitutionality of such statute, except upon a hearing and determination by a court composed of three judges, does not apply where the action sought to be enjoined is that of a municipal officer in performance of local, as distinguished from state, functions. P. 278 U. S. 103.

2. A case has not the force of a precedent on a question which, though existent in the record, was not raised or considered by the court. P. 278 U. S. 105.

Rule discharged.

Upon return to a rule issued by this Court to three judges who had convened as a district court under Jud.Code, § 266, in an injunction suit, but had dissolved of their own motion in the belief that the suit was not within that section. The rule called upon them to show cause why a writ of mandamus should not issue requiring them to reconvene and proceed with the suit. chanrobles.com-red

Page 278 U. S. 102