Page:United States Reports, Volume 209.djvu/160

 134 OCTOBER TERM, 19/)7. Argument for Petitioner. 09 U.S. commanding the company, immediately after its reeelt, "to adopt and publish and keep for public inspection, as provided by law, as the rates and cKarges to be made, demanded and maintained by you for the transportation of freight between stations in the State of Minnesota of the kind, character and class named and specified in chapter 232 of the Session Laws of the State of Minnesota for the year 1907, rates and chargin which do not exceed those declared to be just and reasonable in and by the terms and provisions of said chapter 232. . " Upon an affidavit showing these facts the United States Circuit Court ordered Mr. Young to show cause why he should not be punished as for a contempt for his misconduct in vio- lating the temporary injunction issued by that court in the case therein pending. Upon the return of ths order the Attorney General filed his answer, in which he set up the same objections which he had made to the jurisdiction of the court in his motion to dismiss the bill, and in his demurrer; he disclaimed any intention to treat the court with disrespect in the commencement of the proceedings referred to, but believing that the decision of the court in the action, holding that it had jurisdiction to enjoin him as Attorney General from performing his discretionary official duties, was in conflict with the Eleventh Amendment of the Constitution of the United States, as the same has been interpreted and applied by the United States Supreme Court, he believed it to be his duty as such Attorney General to com- mence the mandamus proceedings for and in behalf of the state, and it was in this belief that the proceedings were commenced solely for the purpose of enforcing the law of the State of Min- nesota. The order adjudging him in contempt was then made. Mr. Thomas D. O'Brien, Mr. Hbrt $. Hadley  and Mr. ward T. Young, with whom Mr. Royal A. $ton, Mr. Gorge T. Simpson and Mr: Charts $. Jdly were on the brief, for peti- tioner:  Atto'hey General of tl 3rate of Missouri.

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