Page:United States Reports, Volume 209.djvu/198

 17 OCTOBER TERM 1907. HARLAN, J., dissenting. .hereinbe/ore re/erred to. Defendant expressly disclaimed any intention. to treat this court with disrespect in the commence- ment of the proceedings referred to, "but believing that the decision of this. court in this action, holding that it had juris- diction to enjoin this defendant, as such Attorney' General, from performing his discretionary official duties, was in con- flict with the Eleventh Amendment of the Constitution of the United States, as the same has been interpreted and applied by the United States Supreme Court, defendant believed it to be his duty as such Attorney General to commence said manda- mus proceedings for and in behalf of the State, and it was in this belief that said proceedings were commenced solely for the purpose of enforcing the said law of the State of Minne- sota." The rnle was heard, and the Attorney General was held to be in contempt, the order of the �edcra! court being: "Ordered further, that said Edward T. Young or dim,s or to be dmissed h� it o' he  o}: Mneo on the Relation of Flward T. Young, Attorney General, ?laintiff, v. No.rthern Pacific Railway Co,hi)any, Defendant, heretofore instituted by him in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. Ordered further, that for'his said contempt said Fxtward T. Young be fined the sum of one hundred (lollam and stand committed in the custody of the Marshal of this court until the same be paid, and until he purge himself of his contclnpt by dismissing 6r causing to be dismissed said suit last herein mentioned." The present proceeding was commenced by an original ap- plication by Young to this court for a writ of habeas corpus. The petitioner, in his application, proceeds upon the. ground that he is held in custody in violation of the Constitution of the United States. The petition set out all the steps taken in the suit in the Federal court, alleging, among other things: "That your petitioner's office as Attorney General of the State of Minnesota is established and provided for by .the constitution of the. said State, section I of Article V thereof

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