Page:United States Reports, Volume 209.djvu/180

 1,54 OCTOBER TEP. M, 1907. Opinion of ths Zurt. Un/o Pac/f &�. V. Maim C/y Cornpanic, 199 U.S. 160, '166. In qml/t v. Ams, 169 U.S. 466 (anofi rate case), it was an held teat a suit against ndividuals, for the purpose of preventing them, as officers of the State, frm enforch by the commencement of suits or by indictment, an unconstitu- tional enactment to the injury of the r,,,hte of the plaintiff, was no a suit agsst a State. within the mei, of the Amend- ment. At page 518, in answer to the objection that the sut was really agahmt the State, |t was said: "It is the settled doc- te of ths court that a suit agsfmst individuais for the pur- pose of preventing them as officers of a State from enforcing an unconstitutional enactment .to the injury of the rights of the paintiff, is not a sut against the State within the of that Amendment." The suit was to enjoin the enforcement of a statute of Nebraska because it' was alleged to be uncon- stitutional, on account of the rates being too .low to afford some compensation to the company, and contrary, therefore, to the Fourteenth Amendment. There was no special provision in the' statute as o rates, msng it the duty of the Attorney General to enforce it, but under his general powers he had authority to ask for a manda runs to enforce such or any other aw. 8ta o/' Vebrasm reZ. &c. v. Tl Frem &�. P,d Co., 22 Nebraska, 313. The 6,,! decree enjoined the Attorney General from bring-' ing any suit (page 477) by way of injunction, mandamns, civil action or indictment, for the purpose of enforcing the pro- visions of the act. The fifth section of the act provided that an action might be brought by a railroad company in the Su- preme Court of the State of Nebraska; but tMs court did not base it decision on that section when it held that a suit of the nature of thst before it was not a suit against a State, although brought against individual state officers for the pur- pose of enjohJng .them from enforcing, either by civil pro- ceeding or indictment, an unconstitutional enactment to the injury of the plaintiff,s rght. (Page 518.)

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