Page:United States Reports, Volume 209.djvu/163

 YOUNG. a State would be subject to all suitz; In tlmt ease, it claimed that the State was indebted to the complainant ttpon a money dr,d. The political or overnmental powe of the State were in no wy involved. However, be this as it may, the deals'on in the Ch/sho/rn was baed upon the positive langua of the Constitution. The Eleventh Amendment restored not only immtmity of he States from suit, but secured the same immunity to each department of a State which under the Constitution thereof wa made independent of the judiehi power. The authority of the Attorney General to prosecute or de- fend a suit in which the State is concerned is nee-,oily im- plied from the nature of his office and he.may bring an aetion where the wrong or injury complained of affects the public. 4 Cye. 1(Y28-1031; Hut v. RIt. Co., 121 Illinois, 638; Or/o ?. serfs, 476; Peo v. 0a/dand, 118 California, 234; Attlt. (n/. v. Detro/t, 26 Michigan, 262. The Attorney General of Minnesota is, therefore, an execu- tive offcer of the State second to none in the character and importance of his duties. The name and power of the State, o far as their use in litigation is concerned, are conM to his discretion, subject to control by no other officer, exeept in  cases not material here. qtat v. "ra, 48 Minnesota, 497. Under the statutes of finnesota, the Attorney (eral is not required to institute crmhod proceedln.except on the request of the Governor. Criminal proceedln? are in the first insta. n. ce instituted by the attorneys for the �'ious counties, who have the right, however, to call on the Attorney Geaeral for nce. But when any crmlnil  reaches the Su- 10reme Court of the State, it comes into the excludve charge of the Attorney General. Therefore the iljunoton issued in the Circuit Court interferes with the dmlnktration of the cmlnal laws of the State. Such interference is beyond the power of a court of equity, except where the criminal ease is

�