Connor v. Rivers, 851.
| Decision Date | 02 August 1938 |
| Docket Number | No. 851.,851. |
| Citation | 25 F. Supp. 937 |
| Parties | CONNOR v. RIVERS, Gov., et al. |
| Court | U.S. District Court — Northern District of Georgia |
Albert H. Fry, of Chicago, Ill. (Fry & Fry, of Chicago, Ill., of counsel), for plaintiff.
M. J. Yeomans, Atty. Gen., of Georgia, and O. C. Duke and E. J. Clower, Asst. Attys. Gen. of Georgia, for defendants.
Before UNDERWOOD and BARRETT, District Judges, and McCORD, Circuit Judge.
This complainant seeks by his bill to enjoin the State of Georgia from enforcing the mandates of An Act passed by the General Assembly of Georgia and approved by the Governor on March 25, 1937, and which is now in force and effect. The caption of said enactment is as follows:
"An Act, to establish a State Board of Photographic Examiners, providing for the appointment of members thereof, defining the jurisdiction, powers, duties and compensation of said Board; to provide the manner of licensing photographers; to prescribe certain fees required of applicants and for renewal of licenses to provide for the issuance of licenses to practice photography and for the revocation or suspension of such licenses upon certain conditions; to provide for the enforcement of the provisions of this Act and prescribing certain penalties for the violation of the same; defining certain terms as used herein; and for other purposes." Laws 1937, p. 280.
No oral testimony is taken in support of said petition. In support of same is offered and submitted to the Court four affidavits, namely: Affidavit of John C. Kuck, affidavit of complainant K. L. Connor, and two affidavits of J. M. McConnell. Copy of the Georgia law in question is also offered. This is all the evidence offered in support of the bill.
The defendants raise the question of jurisdiction and make answer to said petition.
While the Governor of Georgia under our view of the case is in no wise a proper party to said cause of action, we do not pass upon this question since we rest our decision solely on the question of jurisdiction.
Section 41, 28 U.S.C.A., Judicial Code, § 24, as amended, provides:
"The district courts shall have original jurisdiction as follows: * * * Of all suits of a civil nature, at common law or in equity, * * * where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000, and (a) arises under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States, or (c) is between citizens of a State and foreign States, citizens, or subjects". Subsec. 1.
A careful reading of the bill and affidavits in support of same fails to charge or show that the matters and things in controversy and...
To continue reading
Request your trial
-
Monroe v. Pape
...D.C.1938, 24 F.Supp. 271, affirmed 3 Cir., 1939, 108 F.2d 683, reversed 310 U.S. 586, 60 S.Ct. 1010, 84 L.Ed. 1375; Connor v. Rivers, D.C.N.D.Ga.1938, 25 F.Supp. 937, affirmed, 305 U.S. 576, 59 S.Ct. 359, 83 L.Ed. 363; Ghadiali v. Delaware State Medical Society, D.C.D.Del.1939, 28 F.Supp. 8......
-
CONSOL. FREIGHTWAYS CORP. OF DELAWARE v. Kassel
...such requirement for actions brought under § 1983. See § 1343(3). One case in which this incentive became operative was Connor v. Rivers, 25 F.Supp. 937 (N.D.Ga.1938), aff'd, 305 U.S. 576, 59 S.Ct. 359, 83 L.Ed. 363 (1939). The court in that case, after determining that the amount in contro......
-
White Mountain Apache Tribe v. Williams
...implies that the Supremacy Clause alone will not support a Sec. 1983 action. A similar question was addressed in Connor v. Rivers, 25 F.Supp. 937 (N.D.Ga.1938), aff'd, 305 U.S. 576, 59 S.Ct. 359, 83 L.Ed. 363 (1939). There, the district court decided that a dormant Commerce Clause claim did......
-
Consolidated Freightways Corp. of Delaware v. Kassel
...requirement not necessary for actions brought under Sec. 1983. 7 An early application of this rule is found in Connor v. Rivers, 25 F.Supp. 937 (N.D.Ga.1938), aff'd, 305 U.S. 576, 59 S.Ct. 359, 83 L.Ed. 363 (1939). In Connor, the district court stated that the history of Sec. 1983 (then cod......