railroad commission tex pullman argued february decided march appeal district western district texas cecil morgan fort worth appellants cunningham et al cecil rotsch fort worth appellants railroad commission texas et al ireland graves austin appellees justice frankfurter delivered opinion sections texas local passenger traffic slight trains carry one sleeping car trains unlike trains two sleepers without pullman conductor sleeper charge porter subject train conductor control well known porters pullmans colored conductors white addressing situation texas railroad commission due hearing ordered sleeping car shall operated line railroad state texas unless cars continuously charge employee rank position pullman conductor thereupon pullman company railroads affected brought action federal district enjoin commission order pullman porters permitted intervene complainants pullman conductors entered litigation support order three judges convened judicial code amended enjoined enforcement order decree case came directly judicial code amended pullman company reilroads assailed order unauthorized texas law well violative equal protection due process commerce clauses constitution intervening porters adopted objections mainly objected order discrimination negroes violation fourteenth amendment complaint pullman porters undoubtedly tendered substantial constitutional issue substantial touches sensitive area social policy upon federal courts enter unless alternative adjudication open constitutional adjudication plainly avoided definitive ruling state issue terminate controversy therefore duty turn consideration questions texas law commission found justification order texas statute quote margin mon ground order within commission authority subject matter must included commission power prevent discrimination prevent abuses conduct railroads whether arrangements pertaining staffs pullman cars covered texas concept far clear practices railroads may deemed subject commission correction equally doubtful reading texas statutes texas decisions outsiders without special competence texas law little confidence independent judgment regarding application law present situation lower deny texas statutes sustained commission assertion power represents view able experienced circuit judge circuit includes texas two capable district judges trained texas law choice matter decide law state hesitate long rejecting forecast texas law matter seasoned judgment district may escape forecast rather determination last word meaning article texas civil statutes therefore last word statutory authority railroad commission case belongs neither us district texas situation federal equity asked decide issue making tentative answer may displaced tomorrow state adjudication glenn field packing lee bickell reign law hardly promoted unnecessary ruling federal thus supplanted controlling decision state resources equity equal adjustment avoid waste tentative decision well friction premature constitutional adjudication appeal chancellor occasion recall day appeal sound discretion guides determination courts equity beal missouri pacific decided january history equity jurisdiction history regard public consequences employing extraordinary remedy injunction many variegated applications supple principle situations brought play see modern instances beasley texas pacific harrisonville dickey clay dern public interests higher claim upon discretion federal chancellor avoidance needless friction state policies whether policy relates enforcement criminal law fenner boykin spielman motor dodge administration specialized scheme liquidating embarrassed business enterprises pennsylvania williams final authority state interpret doubtful regulatory laws state gilchrist interborough cf hawks hamill cases reflect doctrine abstention appropriate federal system whereby federal courts wise discretion restrain authority regard rightful independence state governments smooth working federal judiciary see cavanaugh looney di giovanni camden ins use equitable powers contribution courts furthering harmonious relation state federal authority without need rigorous congressional restriction powers compare stat judicial code amended stat regard important considerations policy administration federal equity jurisdiction decisive warrant state law commission assumption authority end litigation constitutional issue arise law texas appears furnish easy ample means determining commission authority article texas civil statutes gives review order state courts difficulties way procedure apprised issue state law may settled appropriate action part state enforce obedience order beal missouri pacific supra article texas civil statutes absence showing obvious methods securing definitive ruling state courts pursued full protection constitutional claim district exercise wise discretion staying hands compare thompson magnolia therefore remand cause district directions retain bill pending determination proceedings brought reasonable promptness state conformity opinion compare atlas ins southern cases cited reversed remanded justice roberts took part consideration decision case footnotes vernon anno texas civil statutes article authority hereby conferred upon railroad commission texas railroads suburban belt terminal railroads public wharves docks piers elevators warehouses sheds tracks property used connection therewith state persons associations corporations private municipal owning operating railroad wharf dock pier elevator warehouse shed track property fix hereby made duty said commission adopt necessary rates charges regulations govern regulate railroads persons associations corporations correct abuses prevent unjust discrimination rates charges tolls railroads persons associations corporations fix division rates charges regulations railroads utilities common carriers division proper correct prevent abuses conduct business perform duties details connection therewith may provided law