United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Williams, 277 U.S. 267 (1928)

Ex Parte Williams

No. 16, Original

Return to Rule submitted April 9, 1928

Decided May 21, 1928

277 U.S. 267

Syllabus

1. A refusal of a district judge to call in two other judges for the final hearing of a case governed by Jud.Code § 266, as amended, is remediable in this Court by a writ of mandamus. P. 277 U. S. 269.

2. A case does not fall within Jud.Code § 266 unless a statute, or an order of an administrative board or commission, is challenged as contrary to the federal Constitution. P. 277 U. S. 271.

Page 277 U. S. 268

3. An assessment of railroad property for taxation, made by a state board, is not an "order" within the meaning of Jud.Code § 266, and therefore, in a suit to enjoin collection of taxes under it upon the ground of systematic and intentional discrimination against plaintiff by the board in making the assessment, the application for a preliminary injunction may be heard by a single judge. P. 277 U. S. 271.

4. Under Jud.Code § 266, as amended February 13, 1925, the final hearing is not required to be before three judges unless the application for an interlocutory injunction was required to be. P. 277 U. S. 273.

Rule discharged.

Upon a return submitted by District Judge Woodrough in answer to a rule to show cause why a writ of mandamus should not issue requiring him to call in two other judges for the final hearing of an injunction suit. Williams, the Tax Commissioner of Nebraska, and seventy-one county treasurers were the petitioners for the writ.