Oliver Wendell Holmes, Jr.

“ The plaintiff 'definitely stated that it did not intend to press its prayer contained in its bill of complaint;' meaning thereby its prayer for an interlocutory injunction based upon the asserted unconstitutionality of the Statute and rate orders, and the Judge said that the defendants' motion did not pertain to any matter before the Court, and intimated that he was ready to grant a restraining order. A few days later the plaintiff moved for an interlocutory injunction against the cancellation of the licenses of the plaintiff and its agents. ”

“ One hundred and fifty stock fire insurance companies doing business in Kansas have bills in equity, of which the bill considered in this case is a type, pending in the District Court of the United States for the District of Kansas. ”

“ The Judge was clearly right in treating the plaintiffs in the several cases as masters to decide what they would ask and in danying to the defendants, the petitioners, the power to force upon the plaintiffs a constitutional issue which at that moment they did not care to raise. ”