Page:United States Reports, Volume 209.djvu/217

 After stating the principles settled in the A//rs cas and in other cases this court said: "If these principles be applied in the present case there is no escape from the conclusion that, although the State of Alabama was dismissed as a party de- fendant this suit against its officers is really one against the State. As a 8tatz can at onl by its offwrs, an order retrain- procigz, in execution of the statute of February 9, 1895, is o which rtrain th $ta it*d[, and the uil is wnsquontl as nuch it the 8rate as i! the 8tat woe named as a pal. de}endant on the ord. H the individual ddencLante held poeeeeeioll or were about to t&ke poeessioll of, or to commit any trespa upon, any property belonging to or under the �control of the p]intiffe, in violation of the latter's conitu- tiona right, they could not reset the judicial determination, in a uit ga/nst them, of the question of the right to such poeseion by,simply aerting that they held or were entitled to hold the property in their cpacity a office of the State. In the cae euplxed, they would be compelled to make good the State's eism to the property, and could not shield them- selves ,aint it because of their offi�il cherseter. T/.nda/ v. Wel, 167 U.S. 204, 222. No ueh ee i before us." ., in the  ce: "It is to he obeerved tlmt neither the Attorney General of Alabama nor the Solicitor of the Eleventh Judicial Circuit of the State appear to trove been. �lurged by law with any epecial duty in connect[on with the set of Feb- . nmry 9, 1895. In support of the contention that the present suit is not one &g&int the State, reference wa made by'coun- sel to everal caes, among Which were Pondext v. 114 U.S. 270; A/Jen v. Baltimore & Ohio Railroad, 114 U.S. U.S. 164; Reagan v. Farms'8' Loan & Trust Co., 154 U. 362, 388; Scott v. Donald, 165 U. S. 58, ncl 8nyth -. Anez, 169 U.S. 46. Upon examinet[on it will be found tlt the defemtante in each of thee cae were officers of the State, especi,lly eh with the execut[on of a ,te entment

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