Page:United States Reports, Volume 209.djvu/472

 446 OCTOBER TERM, 1907. Opinion oi the Court. 209 U. the State is the real party in interest and the real party plain- tiff was determined by this court in Afissour Kanas & Railway Company v. Missouri R. R. & Warelwuse Commis- sioners, 183 U.S. 53, where the only question presented was whether in a suit brought to enjoin a railroad company from charging greater rates within the State of Missouri than thase fixed by state authority, the State of Missouri was the real party plaintiff. The State was not joined as a party plaintiff, but the question had to be determined, not by a view of the nominal parties to the record, but from the consideration of the nature of the case as shown by the whole record. The defendant company presented to the state court a petition for removal, which was denied. The Supreme Court of the State held that it was proper to go behind the face of the record and inquire who was the real party plaintiff; and, after mak- ing such examination, decided that the State was the real party plaintiff, and that the Fcdcral court had no jurisdiction on the removal. The case was brought to this court for a re- view of the decision of the Supreme Court of Missouri, aml this court recognizing the rule that a mere inspection of the par- ties named as the plaintiffs was not conclusive, cxamined the record and the nature of the case, and in an opinion rendered by Mr. Justice Brewcr held that the nature of the case 'as such that the State of Missouri was not a real party in interest and not a real party plaintiff. The court analyzed the nature of the proceeding, showed that there was nothing in such an action which affected the State as such, and that the relief sought did not inure to the State alone, and that a decree in favor of the plain.tiff would not effectively operate in favor of the State. The Circuit Court might clearly have been correct in its decision that the present case was one in which the State of Nebraska was not the real party plaintiff, but that decision could not be reviewed by mandamus. The Circuit Court was called upon on this record to decide whether the State of Nebraska had any real or legal interest

�