U.S. Supreme Court STERLING v. CONSTANTIN, 287 U.S. 378 (1932)

[Page 287 U.S. 378, 394]

court to rest its judgment on the decision of such of the questions as in its opinion effectively dispose of the case. Siler v. Louisville & Nashville R. Co., 213 U.S. 175, 191, 29 S.Ct. 451; Louisville & Nashville R. Co. v. Garrett, 231 U.S. 298, 303, 34 S.Ct. 48; Davis v. Wallace, 257 U.S. 478, 482, 42 S.Ct. 164; Waggoner Estate v. Wichita County, 273 U.S. 113, 116, 47 S.Ct. 271.

Second. Appellants rely upon article 4, 1, 7, and 10 of the state Constitution, and articles 5778, 5830, 5834, and 5889 of the Revised Civil Statutes of the state 1925. The provisions of the state Constitution make the Governor the chief executive officer of the state and commander in chief of its military forces, with 'power to call forth the militia to execute the laws of the state, to suppress insurrection, repel invasion, and protect the frontier.' The Governor 'shall cause the laws to be faithfully executed.' The statutes cited are set forth in the margin. [Footnote 1]

[Page 287 U.S. 378, 396]

to adopt the Constitution of 1876 which still obtains, they determined to, and they did, so write the fundamental law that such deprivations of liberty might never again occur.' 57 F.(2d) page 237.

While we recognize the force of these observations, and the question of the interpretation of the provisions of the state Constitution is before us, it is still a matter of local law, as to which the courts of the state would in any event have the final word. We do not find it necessary to determine that question, and we shall not attempt to explore the history of Texas or to review the decisions of the state courts cited by the appellees. [Footnote 2] We pass to the consideration of the federal question presented, and for that purpose we shall assume, without deciding, that the law of the state authorizes what the Governor has done.

[Page 287 U.S. 378, 404]

complainants' oil production, otherwise lawful. Complainants had a constitutional right to resort to the federal court to have the validity of the commission's orders judicially determined. There was no exigency which justified the Governor in attempting to enforce by executive or military order the restriction which the District Judge had restrained pending proper judicial inquiry. If it be assumed that the Governor was entitled to declare a state of insurrection and to bring military force to the aid of civil authority, the proper use of that power in this instance was to maintain the federal court in the exercise of its jurisdiction, and not to attempt to override it; to aid in making its process effective and not to nullify it, to remove, and not to create, obstructions to the exercise by the complainants of their rights as judicially declared. It is also plain that there was no adequate remedy at law for the redress of the injury, and, as the evidence showed that the Governor's orders were an invasion under color of state law of rights secured by the Federal Constitution, the District Court did not err in granting the injunction.

The judgment of the District Court is affirmed. No. 11, appeal dismissed.

No. 453, judgment affirmed. Footnotes

Footnote 1 Revised Civil Statutes of Texas, 1925:'Art. 5778. The Governor shall have power in the case of insurrection, invasion, tumult, riot or breach of peace, or imminent danger thereof, to order into the active service of this State any part of the militia that he may deem proper.''Art. 5830. When an invasion of, or an insurrection in, this State is made or threatened, or when the Governor may deem it necessary for the enforcement of the laws of this State, he shall call forth the active militia or any part thereof to repel, suppress, or enforce the same, and if the number available is insufficient he shall order out such part of the reserve militia as he may deem necessary.''Art. 5834. The Governor may order the active militia, or any part thereof, to assist the civil authorities in guarding prisoners, or in conveying prisoners from and to any point in this State, or discharging other duties in connection with the execution of the law as the public interest or safety at any time may require.''Art. 5889. Whenever any portion of the military forces of this State is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which the troops are serving, or any special portion thereof, to be in a state of insurrection.'

Footnote 2 Ex parte Coupland, 26 Tex. 387; Ex parte Turman, 26 Tex. 708, 84 Am. Dec. 598; Ex parte Mayer, 27 Tex. 716; State v. Sparks & Magruder, 27 Tex. 627; Id., 27 Tex. 705; The Emancipation Proclamation Cases, 31 Tex. 504; Arroyo v. State (Tex. Cr. App.) 69 S.W. 503, 504. See, also, Franks v. Smith, 142 Ky. 232, 134 S.W. 484, L.R.A. 1915A, 1141, Ann. Cas. 1912D, 319; Fluke v. Canton, 31 Okl. 718, 123 P. 1049; Bishop v. Vandercook, 228 Mich. 299, 200 N.W. 278; In re McDonald, 49 Mont. 454, 143 P. 947, L.R.A. 1915B, 988, Ann. Cas. 1916A, 1166; Herlihy v. Donohue, 52 Mont. 601, 161 P. 164, L.R.A. 1917B, 702, Ann. Cas. 1917C, 29; Allen v. Gardner, 182 N.C. 425, 109 S.E. 260. Compare State ex rel. Mays v. Brown, 71 W.Va. 519, 77 S.E. 243, 45 L.R.A.(N.S.) 996, Ann. Cas. 1914C, 1; In re Jones, 71 W.Va. 567, 77 S.E. 1029, 45 L.R.A.(N.S.) 1030, Ann. Cas. 1914C, 31; Hatfield v. Graham, 73 W.Va. 759, 81 S.E. 533, L.R.A. 1915A, 175, Ann. Cas. 1917C, 1; Ex parte Lavinder, 88 W.Va. 713, 108 S.E. 428, 24 A.L.R. 1178; In re Moyer, 35 Colo. 159, 85 P. 190, 12 L.R.A.(N.S.) 979, 117 Am.St.Rep. 189; In re Boyle, 6 Idaho, 609, 57 P. 706, 45 L.R.A. 832, 96 Am.St.Rep. 286; Commonwealth ex rel. Wadsworth v. Shortall, 206 Pa. 165, 55 A. 952, 65 L.R. A. 193, 98 Am.St.Rep. 759.