Henry Billings Brown

“ This rule, however, has no application to subcontractors, who stand in no position to enforce the right of their immediate contractors, such as was the gas and fuel company, or of the owner of the property, who had agreed with such immediate contractors to do the work. The plaintiff in this case stands practically in the position of one who seeks to take advantage of the unconstitutionality of a law in which it has only an indirect interest, and by the enforcement of which it has suffered no legal injury. ”

“ It is true the employees of the plaintiff were arrested, but that fact alone wrought no legal injury to the plaintiff, since, if it were prevented from any cause for which the gas and fuel company were chargeable, it might bring an action for damages against that company, with which alone its contract was made, and recover such damages as it could prove to have sustained. ”

“ That a court of equity has no general power to enjoin or stay criminal proceedings unless they are instituted by a party to a suit already pending before it, and to try the same right that is in issue there, or to prohibit the invasion of the rights of property by the enforcement of an unconstitutional law, was so fully considered and settled in an elaborate opinion by Mr. ”