Page:United States Reports, Volume 209.djvu/196

 170 OC]X)BER TERM, 1907. The bill, among other thln, prayed that Edward T. Young, "as Attorney General of the 8rate of Minnesota," and the members of the State Railroad and Warehouse Commi-on (naming them) be enjoined from all attempts to compel the railway company to put in force the rates or ahy of them prescribed by said orders, and "from tkno any action, step or proceeding against said Railway Company, or any of its officers, directors, agents or employes, to enforce any peaalties or remedies for the violation by said Railway Company of said orders or either of them;" and that said Young, "as Attorney General," be enjoined from. taking any action, step or proceed- ing against the railway company, its officers, agents or em- ploy&, to enforce the penalties and remedies specified in those The court gave a temporary injunction as prayed for. The Attorney General of Miunesoa appeared specially and, with- out submitting to or acknowledging the jurisdiction of the court, moved to dismiss the suit as to him, upon the ground that the State had not consented to be sued, and also because the bill was exhibited against him "as, and only as, the Attor- ney General of the State of Minnesota," to restrain him, by injunction, from exercising the discretion vested in him to commence appropriate actions; on behaff of the State, to en- force or to test the validity of its laws. He directly raised the' question that 'the suit as to him, in his official capscity, was one against the State, in violation of the E{eventh Amend- ment. In response to an order to show cause why the injunction asked for should not be granted the Attorney General also appeared specially and urged like objections to the suit against him in the Circuit Court. After hearing the parties the court made an order, Septem- ber 23, 1907, whereby the railway company, ts officers, di- rectors, agents, servants and employ&, were enjoined until the further or<ler of the court from publishing, adopting or putting into effect the tariffs, rates or charges specified in the

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