John Marshall Harlan II

“ Here the District Court found that petitioner was not a factor in the federal investigation [11] and that his presence there was simply 'the result of the commendable cooperation between the Customs Service and the Commission who were both concerned with law enforcement on the waterfront.' D.C., 189 F.Supp., at 255. [12] On this record the upshot of the matter is that, insofar as this state official is concerned, nothing in Rea justifies disregard of the teachings of Stefanelli. ”

“ For in any event Rea does not support the injunction against this petitioner, a state official. The Court in Rea was at special pains to point out that the federal courts were not there 'asked to enjoin state officials nor in any way to interfere with state agencies in enforcement of state law,' 350 U.S., at 216, 76 S.Ct. at 294, and further that ' (n) o injunction is sought against a state official,' id., at 217, 76 S.Ct. at 294. The opinion is barren of any suggestion that any inroads on Stefanelli were intended. ”

“ This case draws in question the propriety of the issuance of a federal injunction restraining petitioner, a state officer, from giving evidence in a pending state criminal prosecution and a state administrative proceeding.
The facts, as found by the two lower courts, are as follows. About 8:30 one Saturday morning in September 1959 federal Customs officers observed respondent, a hiring agent and longshoreman licensed by the Waterfront Commission of New York Harbor, enter a deserted pier, carry out a cardboard carton, and place it in a car parked at the pier entrance. ”

“ When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.' See McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819.↑ It should be noted that respondent did not allege in his complaint that the matter in controversy exceeded the sum or value of $10,000, or that diversity of citizenship existed. See 28 U.S.C. §§ 1331, 1332, 28 U.S.C.A. §§ 1331, 1332. Nor did he allege that the District Court had jurisdiction to enjoin petitioner incidental to its supervisory power over federal law enforcement agencies, cf. ”