Felix Frankfurter

“ The reign of law is hardly promoted if an unnecessary ruling of a federal court is thus supplanted by a controlling decision of a state court. The resources of equity are equal to an adjustment that will avoid the waste of a tentative decision as well as the friction of a premature constitutional adjudication. ”

“ It is common ground that if the order is within the Commission's authority its subject matter must be included in the Commission's power to prevent 'unjust discrimination * * * and to prevent any and all other abuses' in the conduct of railroads. Whether arrangements pertaining to the staffs of Pullman cars are covered by the Texas concept of 'discrimination' is far from clear. What practices of the railroads may be deemed to be 'abuses' subject to the Commission's correction is equally doubtful. ”

“ Addressing itself to this situation, the Texas Railroad Commission after due hearing ordered that 'no sleeping car shall be operated on any line of railroad in the State of Texas * * * unless such cars are continuously in the charge of an employee * * * having the rank and position of Pullman conductor'. Thereupon, the Pullman Company and the railroads affected brought this action in a federal district court to enjoin the Commission's order. Pullman porters were permitted to intervene as complainants, and Pullman conductors entered the litigation in support of the order. ”