Page:United States Reports, Volume 209.djvu/187

 99 U.S. Ofion of thz Court. imposes the duty upon the Attorney General to cause pro- ceedln? to be instituted s.inst any corporation whenever of the Revised Laws of 1905 it is also provided that the Attor- ney General shall be e offw/o attorney for the railroad com- mion and it .is made his duty to institute and prosecute all actions which the Commission shall order brought, and shall render the commissioners all counsel and advice neceesary for the proper performance of their duties. It is said that the Attorney General is only bound to act when the Commission orders action to be brought, and that �of the commodity act (April 18, 1907) exprely provides that no duty shall rest upon the Commission to enforce the act, and hence no duty other than that which is discretionary rests upon the Attorney General in that matter. The provisign is somewhat unusual, but' the reasons for its insertion in that act are not material, and neither require nor.justify comment by this court. It would seem to be clear that the Atrney General, under his power existing at common law and by virtue of theec various statutes, had a general duty impend upon him, which includes the right and the power to enforce the statutes of the State, including, of course, the act in question, ff it were constitutional. His power by virtue of his office sufficiently connected him with the duty of enforcement to make him a proper party to a sut of the natur of the one now before the United States Cirsuit Court. It is further objected' (and the objection really forms. part of the contention that the State cannot be sued) that  court. of equity has no jurisdiction to enjo'm criin1 proceedis, by indictment or otherwise, under the state law. This, as a general rule, is true. But there are' eceptions. When such indictment or proceeding is brought to enforce an alleged un- constitutional statute, which is the subject matter of Mquiry in a suit already l,dlng in a Federal court, the latter court having first obtained jurisdiction over the subject matter, haz re,,. ccx--1 

�