Stanley Forman Reed

“ The only change that could be considered significant is the more definite integration of the district court for Hawaii into the federal judicial system by definition. [12] As jurisdiction of this Court on appeal depends upon whether or not a special three-judge court was properly called [13] and not upon the power of this Court to review under Judicial Code § 266, we need not analyze the method of review of the judgments of the District Court of Hawaii. ”

“ The judgment of the special district court granted a sweeping permanent injunction against enforcement of the Hawaiian Act. As our conclusions are based solely upon procedural issues, any further discussion of the facts or of the law applicable to the merits is not appropriate. ”

“ The Act was grounded on a legislative finding 'that the study and persistent use of foreign languages by children of average intelligence in their earl and formative years definitely detract from their ability properly to understand and assimilate their normal studies in the English language.' Revised Laws of Hawaii 1945, § 1871. 'School' was defined as any teaching regularly of two or more persons in a group. ”

“ Jurisdiction to hear and dispose of all actions under this section is hereby conferred upon each circuit judge, and each such judge shall have power to issue such orders and decrees, by way of injunction, mandatory injunction or otherwise, as may be appropriate to enforce the provisions of this chapter. ”

“ The allegations of irreparable injury consist of an assertion that it will be necessary to incur a comparatively large liability for building repairs and employment of teachers on the part of the respondent schools before the Act will be violated, sums that will be lost if the Act can be enforced constitutionally. ”

“ Not only its federal courts but also its territorial courts are of course subject to congressional legislation. 48 U.S.C. § 631, et seq., 48 U.S.C.A. § 631 et seq. The Organic Act for Hawaii, § 86, [10] provided in 1900:
'The there shall be established in said Territory a district court to consist of one judge, * * *. Said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court ”

“ Requirements for pupils and teachers in foreign language schools were set out. [4] Visitation of the foreign language schools by appropriate officials for enforcement purposes was authorized. § 1875. The only sanction for enforcement is by injunction. [5] This lack of coercion by fine or imprisonment and the limitation of enforcement to injunction are important factors in our conclusion upon No. ”