Page:United States Reports, Volume 209.djvu/158

 :+:.:::zorary restrainimr crder was made � tile ?rcuit Lourt, which only restrained the railway company from pub- lis?.ing the rates a provided for in the act o .fil 18, 1907, a..., f:om reducing its tariffs to the figures set :'rth in that act; the court refusing for the present to 'interfere by injunction with regard to the orders of the Commission and the act of April 4, 1907, as the railroads had already put them in opera- tion, but it restrained Edward T. Young, Attorney General, from taking any stepe einst the mikoes to enforce the reme- dies or penalties specified in the act of April 18, 1907. Copies of the bill sad the reetmnlng order were eerved, anong others, upon the defendant Mr. Edwmt T. Young Attorney General, who appeared specially and only for the pur- pose of moving to dismiss the bill sz to him, on the ground that the court lind no jurisdiction over him as Attorney Gen- eral; and he averted flint the State of Minnesota trod not con- sented, and did not consent, to the commencement of this suit against him as Attorney General of the State, which suit was in truth and effect a suit pdnst the said State of Mhmesota, contrary to the Eleventh Amendment of the Constitution of the United States. The Attorney General also filed a demurmr to the bill, on the same grounds stated in the motion to dismiss. The mo- tion was denied and the demurmr overruled. Thereupon, on the twenty-third of September, 1907, the court, after a hem'ing of all parties and taking proofs in regard to the issues involved, ordered a temporary injunction to issue against the milw&y coml,ny, restr,,ining it, pending the  hearing of the cause, from putting into effect the tariffs, rates or charges set forth in the act spproved April 18, 1907. The court also enjoined the defendant Young, as Attorney General of the State of Minnesota, pending the final hearing of the cause, from taking or instituting any action or proceeding to enforce the penalties and remedies specified in the act above mentioned, or to compel obedience to tlmt act, or compile, nee therewith, or any part thereof.

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