Page:United States Reports, Volume 209.djvu/509

 09 U.S. Opinion of the Cour complainants, is rather an authority for the contention of de fendant. It gives complainants ample remedy by proceedings in the state courts. Freen v. Frst Nat Ba, 16 Fed. 1tep. 433. Whether or not this proceeding is a suit against the State, the decision of the Circuit Court was correct. P. R/. Co. v. Wooh R/. Co., 157 U. $. 225; Mo# v. A, 101 Fed. Pep. 771; 3 Cyc. 221, and cases cited. The Circuit Court had the right at any stage of the proceed- in, and upon its own motion, to dismiss the bill for want of. jurisdiction. 11 Cyc., p. 701, and cases cited; e v. D, Fed. Cases, No. 6,404 (2 Woodb. & M. 229). MR. Jsc McK.N, delivered the opinion of the court. This is an appeal directly from the Circuit Court from a de- cree dismissing the bill of appellants for want of ju 'rmdiction. The bill sought an injunction against certain acts of the ap- pellee, who is the dairy and food commissioner of the State of Michigan, and who it is alleged, under cover of his office is injuriously affecting the reputation and sale o'f certain products manufactured by appellants. The acts complained of will be detailed more fully hereafter. It is enough.to say preliminarily that appellants alleged in their bill that their business is the manufacturing, refining and selling of various food products, and more particularly the manufacturing, blending and selling of syrups used for food products; that their principal place of business is in Chicago, and that their business is "commonly recognized and known as an honorable and legitimate commer- cial industry and a legal and necessary adjunct to organized society;" and that they have large quantities of their products in Michigan "which prior to the acts complained of, found a ready sale in that State, which sales resulted in fair and con- tinuous profit" to them. The court dis 'missed the bill, and recites in its certificate that the decree "was made and entered by the court on its own mo- ' tion and without notice to any of the parties to this suit or

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