Page:United States Reports, Volume 257.djvu/87

6 Rh Arsdale, 15 Wall. 75. Redfield v. Bartels, 139 U. S. 694. But in any event the statute supposes a suit already begun against the officer in his lifetime. We need not consider the remedies against the United States. United States v. Emery, Bird, Thayer Realty Co., 237 U. S. 28; Sage v. United States, 250 U. S. 33. It appears to us plain without further discussion that both questions must be answered: No.

Answers to Questions 1 and 2: No.

and dissent.

 

No. 29, Original.

Where a decree of the District Court, upholding as adequate a gas rate fixed by a city ordinance, was affirmed by this court without prejudice to the bringing of a new suit to restrain enforcement if changed conditions should make the rate confiscatory,—

Rehearing denied. 