Page:United States Reports, Volume 209.djvu/177

 09 U. & Olnlon of the Cm't. the Constitution or a statuto of the United States, when such ecution will violate the rights of the complainant. In �// Coupon Cae, 114 U.S. 270, 296 (P v. Crreenow), it was adjudged that a suit against a tax collector who had refused coupons in payment of taxes, and, under color of a void law, was about to seize and sell the property of a taxpayer for non-payment of his taxes, was a suit against 'him pemonally as a wrongdoer and not against the State. Hgoed v. $out)r, 117 U.S. 52, 67, decided that the bill was in subetance a bill for the specific performance of a con- tract between the complainants.and the State of South Caro- lina, and, although the State was not in name made a party defent, yet being the actual party to the alleged contract the performance of which was sought and the only party by whom it could be pedormed, the State was, in effect, a party to the suit, and it could not be maintained for that reason. The things required to be done by the actual defendants were the very things which when done would constitute a perfor- manee of the alleged contract by the State. The es upon the subject were reviewed, and it was held, In re Ates, 123 U.S. 443, that a bill in equity brought against officers of a State, who, as individuals, have no personal in- terest in the subject-matter of the suit, and defend only as representing the State, where the relief prayed for, if done, would constitute a .performance by the State of the alleged contract of the State, was a suit against the State (page 504), following in this respect Hoood v. `southern, supra. A suit of such a nature was simply an attempt to make the State itself, through its officers, perform its alleged contract, by directing thee officere to do acts which constituted such performance. The State alone had any interest in the ques- tion, and a decree in favor of plaintiff would affect the treasury of the State. On the other hand, Und ,States v. Lee, 106 U.S. 196, de- termined that an individual in possession of real estate under the. Government of the United States, which claimed to be

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