Charles Evans Hughes

“ But the duty of the court in dealing with interlocutory applications, to which this court had previously directed attention, was not altered by the adoption of that rule. While an application for an interlocutory injunction does not involve a final determination of the merits, it does involve the exercise of a sound judicial discretion. That discretion can be exercised only upon a determination, in the light of the issues and of the facts presented, whether the complainant has made, or has failed to make, such a showing of the gravity of his complaint as to warrant interlocutory relief. ”

“ The decree for injunction was entered on October 18, 1932, and contained a general statement that the rates prescribed by the commission's order 'would result in the confiscation of the property' of the complainant, would deprive it of its property 'without compensation and without due process of law,' and that there would be irreparable injury if an interlocutory injunction were not issued. ”

“ No opinion was rendered by the District Court and, apart from the general statement above mentioned, the court made no findings. Not only did the court fail to set forth the facts pertinent to a conclusion that an interlocutory injunction should issue, but the court declared that the prescribed rates were confiscatory without any findings warranting such a conclusion. Appellee moves to affairm the decree. ”