truax raich argued october decided november wiley jones attorney general arizona leslie hardy george harben addison hicks cleary appellants alexander britton evans browne francis clements appellee justice hughes delivered opinion initiative provision constitution arizona art adopted following measure proclaimed governor law state december act protect citizens employment noncitizens arizona provide penalties punishment violation thereof enacted people state arizona section company corporation partnership association individual may hereafter become employer five workers one time state arizona regardless kind class work sex workers shall employ less eighty per cent qualified electors citizens subdivision thereof sec company corporation partnership association individual agent agents found guilty violating provisions act shall guilty misdemeanor upon conviction thereof shall subject fine less one hundred dollars imprisoned less thirty days sec employee shall misrepresent make false statement nativity citizenship shall upon conviction thereof subject fine less one hundred dollars imprisoned less thirty days laws arizona initiative measure mike raich appellee native austria inhabitant state arizona qualified elector employed cook appellant william truax restaurant city bisbee cochise county truax nine employees seven neither born citizens qualified electors election act passed raich informed employer law proclaimed solely reason requirements fear penalties incurred case violation discharged thereupon december raich filed bill district district arizona asserting among things act denied equal protection laws hence contrary amendment constitution wiley jones attorney general state gilmore county attorney cochise county made defendants addition employer truax upon allegation officers prosecute employer unless complied terms order avoid prosecution employer discharge complainant averring adequate remedy law bill sought decree declaring act unconstitutional restraining action thereunder soon bill filed application made injunction pendente lite notice application truax arrested violation act upon complaint prepared one assistants office county attorney cochise county appeared reason determination officers enforce act danger complainant immediate discharge employment district judge granted temporary restraining order allegations bill controverted defendants joined motion dismiss upon grounds suit state arizona without consent sought enjoin enforcement criminal statute bill state facts sufficient constitute cause action equity improper joinder parties plaintiff entitled sue relief asked application interlocutory injunction motion dismiss heard three judges required judicial code stat chap comp stat motion dismiss denied interlocutory injunction restraining defendants attorney general county attorney successors assistants enforcing act defendant truax granted fed direct appeal taken bill framed upon theory act unconstitutional defendants public officers concerned enforcement laws state proceed wrongfully complainant injury interference employment established suit regarded one state whatever doubt existed class cases removed decision ex parte young ed sup ann cas repeatedly followed ludwig western teleg ed sup western teleg andrews ed sup herndon chicago ed sup hopkins clemson agri college ed sup philadelphia stimson ed sup home teleph teleg los angeles ed sup also settled equity generally speaking jurisdiction prosecution punishment pardon crimes misdemeanors sawyer ed sup distinction obtains equitable jurisdiction exists restrain criminal ecutions unconstitutional enactments prevention prosecutions essential safeguarding rights property davis mfg los angeles ed sup dobbins los angeles ed sup ex parte young supra philadelphia stimson ed sup right earn livelihood continue employment unmolested efforts enforce void enactments similarly entitled protection absence adequate remedy law said bill show employment term employment complainant discharged time reason reason motive employer immaterial conclusion however sought drawn broad fact employment parties respectively make one others employee manifest interest freedom employer exercise judgment without illegal interference compulsion weight authority unjustified interference third persons actionable although employment moran dunphy mass berry donovan mass ann cas brennan hatters atl ann cas perkins pendleton atl lucke clothing cutters assembly md atl london guarantee acci horn app chipley atkinson blumenthal shaw app fed urged complainant sue save redress grievance mccabe atchison ed sup servant complain master master subject prosecution complainant act undertakes operate directly upon employment aliens enforced compel employer discharge sufficient number employees bring alien quota within prescribed limit sufficiently appears discharge complainant solely purpose meeting requirements act avoiding threatened prosecution provisions therefore idle call injury indirect remote also entirely clear unless enforcement act restrained complainant adequate remedy hence think case falls within class unconstitutionality act shown equitable relief may question whether act assailed repugnant amendment upon allegations bill must assumed complainant native austria admitted federal law thus admitted privilege entering abiding hence entering abiding state union see gegiow uhl decided october ed sup rep lawfully inhabitant arizona complainant entitled amendment equal protection laws description person within jurisdiction frequently held includes aliens provisions said yick wo hopkins ed sup referring due process equal protection clauses amendment universal application persons within territorial jurisdiction without regard differences race color nationality equal protection laws pledge protection equal laws see also wong wing ed sup wong kim ark ed sup discrimination defined act pertain regulation distribution public domain common property resources people state enjoyment may limited citizens aliens citizens thus mccready virginia ed restriction citizens virginia right plant oysters one rivers sustained upon ground regulation related common property citizens state analogous principle involved patsone pennsylvania ed sup discrimination aliens upheld object protection wild game within respect said state exercise preserving power benefit citizens pleased case presented within decisions within relating devolution real property hauenstein lynham ed blythe hinckley ed sup added act limited persons engaged public work receive benefit public moneys discrimination involved imposed upon conduct ordinary private enterprise act observed provides every employer whether corporation partnership individual employs five workers one time kind class work sex workers shall employ less per cent qualified electors citizens subdivision thereof thus covers entire field industry exception enterprises relatively small application present case employment restaurant business requires nine employees purpose act must found natural operation effect henderson new york henderson wickham ed bailey alabama ed sup purpose act plainly shown provisions frankly revealed title described act protect citizens employment noncitizens arizona appellants rightly say subterfuge act aimed employment aliens businesses described literally terms might taken include aliens naturalized citizens reason change residence might time qualified electors subdivision dealing main purpose statute definitely stated execution complainant forced employment cook restaurant simply alien sought justify act exercise power state make reasonable classifications legislating promote health safety morals welfare within jurisdiction admitted authority broad range legislative discretion implies go far make possible state deny lawful inhabitants race nationality ordinary means earning livelihood requires argument show right work living common occupations community essence personal freedom opportunity purpose amendment secure butchers union crescent city ed sup barbier connolly ed sup yick wo hopkins supra allgeyer louisiana ed sup coppage kansas ed sup refused solely upon ground race nationality prohibition denial person equal protection laws barren form words answer say argued act proceeds upon assumption employment aliens unless restrained peril public welfare discrimination aliens wide range employments act relates made end thus authority deny aliens upon mere fact alienage right obtain support ordinary fields labor necessarily involved must also said reasonable classification implies action consistent legitimate interests state disputed broadly conceived bring hostility exclusive federal power authority control admit exclude vested solely federal government fong yue ting ed sup assertion authority deny aliens opportunity earning livelihood lawfully admitted state tantamount assertion right deny entrance abode ordinary cases live work policy permissible practical result lawfully admitted country authority acts congress instead enjoying substantial sense full scope privileges conferred admission segregated chose offer hospitality insisted act supported total deprivation right alien labor restriction limited businesses five workers employed ratio fixed emphasized employer line business employs five workers may employ aliens extent per cent employees fallacy argument appears state liberty treat employment aliens peril requiring restraint regardless kind class work denied authority exists make measures end effective otis parker ed sup new york ex rel silz hesterberg ed sup purity extract tonic lynch ed sup restriction per cent imposed maintainable state undoubtedly power sees fit make centage less nothing us justify limitation per cent save judgment expressed enactment sufficient difficult see apprehension conviction thus evidenced sufficient restriction extended permit per cent employees aliens even less percentage made applicable businesses three workers employed instead applying employing five frequently said legislature may recognize degrees evil adapt legislation accordingly consolidated coal illinois ed sup mclean arkansas ed sup miller wilson ed sup underlying classification authority deal legislation aimed restriction sought sustained suggest limit state power excluding aliens employment principle underlying prohibition act conceded special public interest respect particular business shown possibly deemed support enactment said relates every sort discrimination aliens competition citizens described range enterprises opinion clearly falls condemnation fundamental law question rights treaties expressly presented bill although mentioned argument require attention view invalidity act amendment order affirmed justice mcreynolds dissenting unable agree opinion majority seems plain suit state amendment declares judicial power shall construed extend fitts mcghee ed sup ex parte young ed sup ann cas cases following support doctrine federal courts may enjoin enforce criminal statutes enacted state legislatures whenever enjoyment constitutional right happens threatened temporary interruption overruled regard simple direct language amendment given effect refined away challenged act invalid think admits serious doubt