Page:United States Reports, Volume 209.djvu/179

 YOUNG. 09 U. 8. OlSon of the Cou preventin the commencement of snits. (Page 487.) It was not stated that the suit or the injunction was necmy con- fined 'to a cnse of a threatened direct trespass upon or injury to property. Whether the commencement of a suit could ever be regarded as an actionable injury to another, equivalent in some cases to a trespass such as is set forth in some of the foregoing eases, has received attention in the rate eases, so called. Reamn v. Farmers' Loan & Trusl Co., 154 U. 8. 362 (a rate case), was a suit against the members of a railroad commission (created under an act of the State of Texas) and the Attorney General, all of whom were held suable, and that such suit was not one against the State. The Commission' was enjoined from forcing the rates it had established under the act, and the Attorney General was enjoined from instituting suite to re- cover penalties for failing to conform to the rates fixed by the Commition under such act.' It is true the statute in that case creating the board provided that suit might be nain- tained by any dissatisfied railroad company, or other party in interest, in a court of competent jurisdiction in Travis County, Texas, against the Commission as defendant. This court held that such language permitted a suit in the United States Circuit Court for the Western District of Texas, which embraced Travis County, but it also held that, irrcepective of that consent, the suit was not in effect a suit against the State (although the Attorney General was enjoined), and there- fore not prohibited under the amendment. It was said in the opinion, which was delivered by Mr. Justice Brewer, that the suit could not in any fair sense be considered a suit against the State (page 392), and the conclusion of the court was that the objection to the jurisdiction of the Circuit Court was not tenable, whether that jurisdiction was rested (page 393), "upon the provisions of the statute or upon the general juris- diction of the court existing by virtue of the statutes of Congress and the sanction of the Constitution of the United States." EcI of these grounds is effective and beth are of equal force.

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