Page:United States Reports, Volume 209.djvu/218

 OCTOBICl T]LM, 1907. alleged to be unconstitutional, but under the authorRy of which, it was sverred, they were committing or were shout to commit m cgc wro or  to the injury of the plaint's ri,hts. There is a wide dfference between a suit aanst individasls, holding official positions under a State, to prevent them, under the sanction of an .unconatitut[on] statute, from committing by some potive act a wrong or trespass, and a suit against offwrs o! a $tatz rndy to tst thz amsvioaal,l el a s,e.stat, in th elorcemem el which  o.s  act o by Iorr iudicial process i the com o! t/m 8/a/. In the present case, as we ].ve sid, neither of the state officers named held any speeisl relation o the particular statute sBeged o be unconstitutional. They were not expressly direet,d to see to its enforcement. If, because they were Iw officers of the State, ,, ease could be made for the purpose of tsting the eonatJtutionality of the statue, by an injunction suit brought sgsust them, then the eonatitu- tiona, lity of every act  by the legislature conid be tted by & suit s4inst the Covernor and Attorney Geners], based upon the theory t],t the former as the exseutive of the State was, in s genersl-sense, eba,ed with the execution of all its lws, s.ud the ltter, s,s Attorney Oeners,], might eprseent th, e State in litigation involving the enforcement of its statutm. T]t would be s very convenient wsy for .obt*inlng s,' speedy judieial determlntion 'of qleston8 of .costJutJonad lw which may be ri by individusl,, but it is s-mode which cannot be sppLied t the .States of the Union eonaisenty with the fundsmental principle tt they esonot, without their assent, be bmdght ino any eou st the suit of privsta persona. If their offirs commit sets of treslms or wrong to the citi- zen, they may be individually proeseded against for such trespasses or wrong. Under the view we take of the question, the citizen is not without effective remedy, when proceeded sssinst under s legislative enactment void for rep-ney to the supreme law of the land; for, w]mtever the form of proeeeding aLust him, he eau rake his defense upon.the

�