Page:United States Reports, Volume 209.djvu/243

 Ar,mnt for Plaln 't in Error. being true, the mere refusal of the chancery court of Teunesaee to take jurisdiction and grant this injunctive relief is a practical denial of the above constitutional fights, which may be re- viewed by this court. More especially is this true where the refusal of said state court to grant such relief is in obedience to or under color of an express state statute which is in itself in conflict with the Constitution of the United State. 'A state statute which closes the doors of tle courts and prevents adequate protection against an illegal inspection of an article which is not ,subject to inspection under the Federal Constitution, itself amounts to an interference with interstate commerce, deprivce plaintiff in error of its property without due process of law, and denies it the equal protection of the laws. This is not a suit against the State of Tennessee. Actions against state officers to restrain them from the commission of wrongful acts to the prejudice of plaintiff's fights are not snits against the State. Davis v. Gray, 16 Wall. 203; Pennoyer v. McConnaughy, 140 U.S. 10; Hans v. Lou/s/ana, 135 U.S. 1; Board o! Liquidation v. McComb, 92 U.S. 531; Po/ndexter v. Greodww, 114 U.S. 270; United States v. Lee, 106 U.S. 196; W////ams v. United States, 138 U.S. 514; Re Tybrr, 149 U.S. 164; Cummings v. Merchants' National Bank, 101 U.S. 153; Dodge v. Woolsey, 18 How. 331; Reagan v. Farmers' Loan de T. Co., 154 U.S. 362; Scott v. Donald, 165 U.S. 107; Belknap v. $child, 161 U.S. 107. The oil in both of the tanks described in the bill is engaged in and a part of interstate commerce while in Tennessee. The inspection thereof is an interference with interstats com- merce, such as is contrary to the Constitution of the United States. When goods start on their journey from State to. State they become intemtate commerce, and are protected from inter- fercnce or regulation by any State through which they may pass until they reach their ultimate destination; notwithstand- ing on the way they may be delayed for a reasonable time on

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