Majority — Holmes J.
Syllabus
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE . DISTRICT OF MASSACHUSETTS.delivered the opinion of the Court.
This is a bilL brought by different parties having different and unconnected' interests seeking a declaration that the Daylight Saving Acts- of Massachusetts, Acts of 1920, c. 280, Acts of 1921, c. 145, are inconsistent with the Act of Congress of March 19, 1918, c. 24; 40 St. 450; (see Act of August 20, 1919, c. 51 ;-41 St. 2S0,) and unconstitutional, and asking an injunction to prevent the several defendants from doing their, respective official parts to carry' out the Massachusetts law. It wa$ heard by three
The Act of Congress, § 2, fixes the standard time and provides that “ In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of the United States, whether' in the legislative, executive, or judicial branches of the Government, or.relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall.be the United States standard time of the zone within which the act is to be performed.” The Massachusetts statute advances the standard time thus fixed by one. hour; and provides that the time shall be the United States standard eastern time so advanced, in all laws, regulations, &c., relating to the time of performance of any act by any officer or department of the Commonwealth or of any county, city, &c., thereof, or relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the Commonwealth, and in all the public schools and institutions of the Commonwealth, &c., and in all contracts or choses in action made or to be performed in the Commonwealth.
The Court below found no inconsistency between thé two Acts and we have seen no sufficient reason for differing from it upon that point. But it also went on the important rule, which we desire to emphasize, that no injunction ought to issue against officers of a State clothed with authority to enforce the law in question, unless in a case reasonably free from doubt and when necessary to prevent great and irreparable injury. Cavanaugh v. Looney, 248 U. S. 453 , 456. Hygrade Products Co. v. Sherman, 266 U. S. 497 , 500. Fenner v. Boykin, 271
Courts sometimes say that there is no jurisdiction in equity when they mean only that equity ought not to give the relief asked. In a strict sense the Court in this case had jurisdiction. It had power to grant an injunction, and if it had granted one its decree, although wrong, would not have been void. But upon the merits we think it too plain to need argument that to grant an injunction upon the allegations of this bill would be to fly in
Decree affirmed.
The separate opinion of Mr. Justice McReynolds. ,
Unless much said in Ex parte Young, 209 U. S. 123 , is trivial or nonsense, this is a suit against Massachusetts and beyond the possible jurisdiction of federal courts, as expressly declared by the Eleventh Amendment. “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted' against one of the United States by citizens of another State or by citizens or subjects of any foreign State.” Accordingly, the trial court had no jurisdiction and should have dismissed the proceeding for that reason.
It is well to remember that the Massachusetts Daylight Saving Act is not a criminal statute, that no penalty is prescribed for non-observance, that no defendant was charged with the duty of enforcement, that no proceeding against any complainant could be instituted thereunder and none was in contemplation. '
The bill discloses a bald purpose to secure an adjudication in respect of the constitutionality of a state statute. In no just sense did it seek protection of any property right threatened with unlawful invasion by an officer claiming to proceed under a void enactment. Fitts v. McGhee, 172 U. S. 516 , as construed in Ex parte Young, supra, pp. 156, 157 , ought to be followed and treated' as controlling. “In making an officer of the State a party defendant in a suit to enjoin the enforcement of an Act alleged to be unconstitutional it is plain that such officer must have some connection with the enforcement of the Act, or else it is merely making him a party as a representative of the State, and thereby attempting to make the State a party.”
Cases cited
- Cavanaugh v. Looney 248 U. S. 453 p. 527
- Hygrade Provision Co. v. Sherman 266 U. S. 497 p. 527
- Ex parte Young 209 U. S. 123 p. 529
- Fitts v. McGhee 172 U. S. 516 p. 529