William Howard Taft

“ The fact that a majority of the three judges of the District Court denied the interlocutory injunction suggests the want of merit in the application here. We, of course, appreciate that, notwithstanding a denial of an injunction on its merits, a court may properly find that pending a final determination of the suit on the merits in a court of last resort, a balance of convenience may be best secured by maintaining the status quo and securing an equitable adjustment of the finally adjudicated rights of all concerned through the conditions of a bond. ”

“ A discussion in conference of the judges as to the granting of an injunction pending an appeal, before it was applied for, does not supply what is needed to give efficacy to such order by a single judge. Compliance with the statute requires the assent of the three judges given after the application is made, evidenced by their signatures or an announcement in open court with three judges sitting, followed by a formal order tested as they direct. Notice of application for the injunction to opposing counsel should be required, except in extraordinary circumstances. ”

“ It is a special proceeding, in which the power of a single judge is definitely limited.
It is argued that the order of injunction pending the appeal here was the act of the court of three judges. It is certain that Judge Foster was the only judge sitting in the District Court when the ex parte application was made by complainant company for the allowance of the appeal, the granting of the injunction, and the fixing of the amount of the bond. It is certain that these orders were signed only by him, and did not purport to be authorized by three judges. ”