ex parte young argued decided march original application made leave file petition writs habeas corpus certiorari behalf edward young petitioner attorney general state minnesota leave granted rule entered directing marshal district minnesota third division held petitioner custody show cause petition granted marshal upon return order show cause justified detention petitioner virtue order circuit district minnesota adjudged petitioner builty contempt directed fined sum dismiss mandamus proceedings brought name behalf state circuit state stand committed custody marshal order obeyed case involves validity order circuit committing contempt facts legislature state minnesota duly created railroad warehouse commission commission september made order fixing rates various railroad companies carriage merchandise stations state kind classes specified known classification rates materially reduced existing order take effect november obedience order railroads filed published schedules rates ever since time carried companies time making order provided revised laws minnesota common carrier violated provisions section wilfully suffered unlawful act omission specific penalty imposed therefor natural person shall guilty gross misdemeanor shall punished find less first offense less subsequent offense carrier warehouseman corporation shall forfeit state first offense less subsequent offense less recovered civil action provision covered disobedience orders commission april legislature state minnesota passed act fixing cents mile maximum passenger rate charged railroads minnesota rate theretofore cents per mile act take effect may put effect day railroad companies observed present time provided act railroad company officer agent representative thereof shall violate provision act shall guilty felony upon conviction thereof shall punished fine exceeding five thousand dollars imprisonment state prison period exceeding five years fine imprisonment april legislature passed act chapter laws year established rates transportation certain commodities included western classification stations state act divided commodities referred seven classes set forth schedule maximum rates class transported lots established minimum weight constituted car load class section provided affect power authority railroad warehouse commission except duty rest upon commission enforce rates specifically fixed act statute state section provided generally orders made railroad warehouse commission prescribing rates exclusive legal maximum rates transportation commodities enumerated act points within state section directed every railroad company state adopt publish put effect rates specified statute every officer director traffic manager agent employee railroad company cause adoption publication use railroad company rates exceeding specified act officer director agent employee railroad company violates provisions section causes counsels advises assists railroad company violate provisions section shall guilty misdemeanor may prosecuted county railroad extends station upon conviction thereof punished imprisonment county jail period exceeding ninety days act take effect june railroad companies obey provisions act far concerned adoption publication rates specified therein may day act take effect nine suits equity commenced circuit district minnesota third division suit brought stockholders particular railroad mentioned bill case defendants named railroad company complainants respectively stockholders members railroad warehouse commission attorney general state edward young individual defendants representing shippers freight upon railroad order punishing young contempt made suit charles perkins citizen state iowa david shepare citizen state minnesota complainants northern pacific railway company corporation organized laws state wisconsin edward young petitioner herein others parties defendant defendants except railway company citizens residents state minnesota averred bill suit collusive one confer jurisdiction case otherwise cognizance objects purposes suit enjoin railway company publishing adopting continuing observe already adopted rates tariffs prescribed set forth two acts legislature mentioned orders railroad warehouse commission also enjoin defendants attempting enforce provisions instituting action proceeding defendant railway company officers account violation thereof reason said acts orders violative constitution bill also alleged orders railroad commission september may act april act april reducing tariffs charges railway company theretofore permitted make unjust unreasonable confiscatory enforced deprive complainants railway company property without due process law deprive equal protection laws contrary violation constitution amendments thereof also averred complainants demanded president managing directors railway company cease obedience orders commission dated september may acts already mentioned rates prescribed orders acts put effect said corporation officers directors institute proper suit suits prevent said rates named orders acts legislature continuing becoming effective case might declared illegal said corporation president directors positively declined refused considered rates fair return upon capital invested confiscatory severity penalties provided violation acts orders therefore subject ruinous consequences inevitably result failure part obey said laws orders result action stockholders directors possibly prevent bill alleged orders commission september may acts april april penalties prescribed violation drastic owner operator railway property invoke jurisdiction test validity thereof except risk confiscation property imprisonment long terms jails penitentiaries officers agents employees reason complainants alleged orders acts denied defendant railway company stockholders including complainants equal protection laws deprived property without due process law reason unconstitutional void bill also contained averment railway company fail continue observe keep force observe put force orders commission acts april april failure might result action company criminal proceedings officers directors agents employees subjecting company officers endless number actions law criminal proceedings company fail obey order commission acts april april said edward young attorney general state minnesota complainants advised believed institute proceedings mandamus otherwise railway company officers directors agents employees enforce said orders provisions thereof threatened take proceedings company officers end purpose failure institute mandamus proceedings purpose enforcing said acts thereof provisions penalties thereof appropriate relief injunction action defendant young railroad commission asked temporary restraining order made circuit restrained railway company publishing rates provided act april reducing tariffs figures set forth act refusing present interfere injunction regard orders commission act april railroads already put operation restrained edward young attorney general taking steps railroads enforce remedies penalties specified act april copies bill restraining order served among others upon defendant edward young attorney general appeared specially purpose moving dismiss bill ground jurisdiction attorney general averred state minnesota consented consent commencement suit attorney general state suit truth effect suit said state minnesota contrary amendment constitution attorney general also filed demurrer bill ground stated motion dismiss motion denied demurrer overruled thereupon september hearing parties taking proofs regard issues involved ordered temporary injunction issue railway company restraining pending final hearing cause putting effect tariffs rates charges set forth act approved april also enjoined defendant young attorney general state minnesota pending final hearing cause taking instituting action proceeding enforce penalties remedies specified act mentioned compel obedience act compliance therewith part thereof refused grant preliminary injunction restraining enforcement rates fixed railroad warehouse commission passenger rates act april accepted railroads operation stated omitting granting preliminary injunction necessity obviated upon hearing determining whether rates fixed commission passenger rates together singly confiscatory afford reasonable compensation service rendered proper allowance property employed reasons question considered inasmuch rates fixed act april gone force observed seems upon evidence conditions either new rates put effect order commission september act april reductions made rates added reduction attempted made commodity act april reduce compensation received companies fair compensation services performed including adequate return upon property invested think whole preliminary injunction issue respect rates fixed chapter act april talked commodity rates preliminary injunction rates although matter whether compensatory matter may determined final determination action day granting preliminary injunction attorney general violation injunction filed petition alternative writ mandamus one courts state obtained order september directing alternative writ issue prayed petition writ thereafter issued served upon northern pacific railway company commanding company immediately receipt adopt publish keep public inspection provided law rates charges made demanded maintained transportation freight stations state minnesota kind character class named specified chapter session laws state minnesota year rates charges exceed declared reasonable terms provisions said chapter upon affidavit showing facts circuit ordered young show cause punished contempt miseonduct violating temporary injunction issuded case therein pending upon return order attorney general filed answer set objections made jurisdiction motion dismiss bill demurrer disclaimed intention treat disrespect commencement proceedings referred believing decision action holding jurisdiction enjoin attorney general performing discretionary official duties conflict amendment constitution interpreted applied believed duty attorney general commence mandamus proceedings behalf state belief proceedings commenced solely purpose enforcing law state minnesota order adjudging contempt made thomas herbert hadley edward young george simpson charles jelly royal stone lehman petitioner charles bunn jared mcgee pierce butler william mitchell william lancaster frank kellogg cordenio severance robert olds stiles burr walker hines respondent edward whitney abel blackmar amici curice justice peckham making foregoing statement delivered opinion recognize appreciate fullest extent great importance case parties also great mass citizens country interested practical working courts justice throughout land federal state proper exercise jurisdiction federal courts limited controlled federal constitution laws congress room difference opinion regard limitations reported cases bear conclusive testimony stated case us entirely free possible doubt intelligent men may differ correct answer question called upon decide question jurisdiction whether circuit frequently delicate matter deal especially case material important objection jurisdiction circuit assertion suit effect one union question however called upon duty decide circumstances language chief justice marshall cohen virginia wheat ed apposite case said true take jurisdiction equally true must take jurisdiction judiciary legislature may avoid measure approaches confines constitution pass doubtful whatever doubts whatever difficulties case may attended must decide brought us right decline exercise jurisdiction given usurp given one treason constitution questions may occur gladly avoid avoid exercise best judgment conscientiously perform duty coming consideration case find complainants suit commenced circuit stockholders northern pacific railway company reason commencing making railroad company one parties defendant sufficiently set forth bill davis mfg los angeles ed sup equity rule primarily asserted part petitioner jurisdiction exist circuit requisite diversity citizenship question arising constitution laws otherwise give jurisdiction claim made jurisdiction ground diversity citizenship claim made unfounded fact ground exists order circuit assuming punish petitioner contempt unlawful order made without jurisdiction case upon proper application discharge person imprisonment ex parte yarbrough ed sup ex parte fisk ed sup ayers ed sup examination record us shows federal questions case insisted petitioner federal tion presented amendment dispute meaning constitution provides state shall deprive person life liberty property without due process law deny person within jurisdiction equal protection laws whatever dispute may case one fact simply whether freight passenger rates fixed legislature railroad commission low confiscatory federal question jurisdiction given circuit suits involving requisite amount arising constitution laws stat chap comp stat question really determined objection whether acts legislature orders railroad commission enforced take property without due process law although question might incidentally involve question fact solution nevertheless one raises federal question see hastings ames app app fed sufficiency rates reference federal constitution judicial question one federal courts jurisdiction reason federal nature chicago minnesota ed inters com sup reagan farmers loan ed inters com sup louis gill ed sup covington turnp road sandford ed sup smyth ames ed sup chicago rompkins ed sup another federal question alleged unconstitutionality acts enormous penalties denounced violation prevent railway company alleged servants employees resorting courts purpose determining validity acts contention urged complainants suit company denied equal protection laws property liable taken without due process law allowed hearing upon claim unconstitutionality acts orders question risk mistaken subjected enormous penalties resulting possible confiscation whole property rather take risks company obey laws although obedience might also result end though slower process confiscation still another federal question urged growing assertion laws necessary effect interference regulation interstate commerce grounds assertion necessary enlarge upon question rate frivolous conclude circuit jurisdiction case involved decision federal questions arising constitution coming inquiry regarding alleged invalidity acts take contention invalid face account penalties disobedience freight act officers directors agents employees company made guilty misdemeanor upon conviction may punished imprisonment county jail period exceeding ninety days violation separate offense therefore might result imprisonment various agents company dare disobey term ninety days offense disobedience act renders party guilty felony subject fine exceeding imprisonment state prison period exceeding five years fine imprisonment sale ticket price permitted act violation thereof difficult impossible company obtain officers agents employees willing carry affairs except obedience act orders question company also case disobedience liable immense fines provided violating orders commission company order test validity acts must find agent employee disobey risk stated necessary effect result legislation must preclude resort courts either state federal purpose testing validity officers employees expected disobey provisions acts orders risk fines penalties imposed upon case decide law valid result denial hearing company observations upon similar question made justice brewer cotting kansas city stock yards cotting godard ed sup apt page stated laws secure individual equal protection allowed come make claim defense subject condition upon failure make good claim defense penalty failure either appropriates property subjects extravagant unreasonable loss page says doubtless true state may impose penalties tend compel obedience mandates individuals corporations extreme cumulative penalties imposed final determination validity statute question different presented legislature effort prevent inquiry validity particular statute burdens challenge thereof courts party affected necessarily constrained submit rather take chances penalties imposed becomes serious question whether party deprived equal protection laws question decided case went another ground question us penalties severe way fines added case officers agents employees company risk imprisonment years common felon see also mercantile trust texas fed louisville mcchord fed consolidated gas mayer fed mcgahey virginia ed sup held provide different remedy enforce contract unreasonable imposes conditions existing contract made offer remedy remedy onerous impracticable substantially give none law invalid although termed remedy fact given see also bronson kinzie ed seibert lewis seibert ed sup law make decision legislature commission conclusive sufficiency rates held law unconstitutional chicago minnesota supra law indirectly accomplishes like result imposing conditions upon right appeal judicial relief work abandonment right rather face conditions upon offered may obtained also unconstitutional may therefore said penalties disobedience fines enormous imprisonment severe intimidate company officers resorting courts test validity legislation result law terms prohibited company seeking judicial construction laws deeply affect rights urged principle upon base claim person bse claim person entitled disobey statute least purpose testing validity without subjecting penalties disobedience provided statute case valid accurate state ment case ordinarily law creating offenses nature misdemeanors felonies relates subject jurisdiction legislature complete event case however establishment certain rates without hearing validity rates necessarily depends upon whether high enough permit least return upon investment much necessary state inquiry fact proper subject judicial investigation turns rates low purpose illegal impose upon party interested burden obtaining judicial decision question prior hearing ever given upon condition unsuccessful must suffer imprisonment pay fines provided acts effect close approaches courts thus prevent hearing upon question whether rates provided acts low therefore invalid distinction obvious case validity act depends upon existence fact determined investigation complicated technical character ordinary case statute upon subject requiring investigation jurisdiction legislature complete event hold therefore provisions acts relating enforcement rates either freight passengers imposing enormous fines possible imprisonment result unsuccessful effort test validity laws unconstitutional face without regard question insufficiency rates also hold circuit jurisdiction cases already cited therefore duty inquire whether rates permitted acts orders low therefore confiscatory held jurisdiction permanently enjoin railroad company putting force also power inquiry pending grant temporary injunction effect various affidavits received upon hearing prior granting temporary injunction hearing appears opinion full deliberate fact found rates fixed commodity act circumstances existing reference act orders commission sufficient compensatory fact confiscatory act therefore unconstitutional injunction thereupon granted reference enforcement commodity act therefore upon record case unconstitutional act state legislature intention attorney general state endeavor enforce provisions injury company compelling great expense defend legal proceedings complicated unusual character involving questions vast importance employees officers company well company question arises whether remedy parties interested may resort going federal equity case involving violation federal constitution obtaining judicial investigation problem pending solution obtain freedom suits civil criminal temporary injunction question finally decided favorably contention company permanent injunction restraining actions proceedings inquiry necessitates examination material important objection made jurisdiction circuit objection suit effect one state minnesota injunction issued attorney general illegally prohibits state action either criminal civil enforce obedience statutes state objection considered reference amendments federal constitution amendment prohibits commencement prosecution suit one citizens another state citizens subjects foreign state amendment provides state shall deprive person life liberty property without due process law shall deny person within jurisdiction equal protection laws case circuit proceeded upon theory orders acts heretofore mentioned enforced violate rights complainants protected latter amendment think whatever rights complainants may largely founded upon amendment decision case require examination decision question whether adoption way altered limited effect earlier amendment may assume exists full force must give amendment effect naturally without cutting rendering meaning narrow language fairly interpreted warrant applies suit brought state one citizens well suit brought citizen another state hans louisiana ed sup adopted decision chisholm georgia dall ed held state might sued citizen another state since time many cases decided involving amendment among osborn bank wheat ed held amendment applied suits state party record subsequent case sundry african slaves madrazo pet ed holding somewhat enlarged chief justice marshall delivering opinion citing osborn bank supra said claim made case governor georgia governor demand made upon personally officially moneys treasury state slaves possession state government state might considered party record page therefore suit maintained davis gray wall ed reiterates rule osborn bank far concerns right enjoin state officer executing state law conflict constitution statute execution violate rights complainant poindexter greenhow ed sup adjudged suit tax collector refused coupons payment taxes color void law seize sell property taxpayer nonpayment taxes suit personally wrongdoer state hagood southern ed sup decided bill substance bill specific performance contract complainants state south carolina although state name made party defendant yet actual party alleged contract performance sought party performed state effect party suit maintained reason things required done actual defendants things done constitute performance alleged contract state cases upon subject reviewed held ayers ed sup bill equity brought officers state individuals personal interest suit defend representing state relief prayed done constitute performance state alleged contract state suit state page following respect hagood southern supra suit nature simply attempt make state officers perform alleged contract directing officers acts constituted performance state alone interest question decree favor plaintiff affect treasury state hand lee ed sup determined individual possession real estate government claimed owner nevertheless properly sued plaintiff owner recover possession suit one although individual possession justified possession authority see also tindal wesley ed sup effect pennoyer mcconnaughy ed sup suit land commissioners state said state although complainants sought restrain defendants officials state violating unconstitutional act complainants contract state thereby working irreparable damage property rights complainants osborn bank supra cited stated general doctrine osborn bank circuit courts restrain state officer executing unconstitutional statute state execute violate rights privileges complainant guaranteed constitution work irreparable damage injury never departed principle decided scott donald ed sup see missouri missouri warehouse comrs missouri hickman ed sup cases cited include one exactly like discussion serve illustrate principles upon many cases decided cited cases thought necessary injunction asked ayers case supra restrain state officers commencing suits act may alleged unconstitutional name state brought recover taxes use ground suits commenced breach contract state injunction declared illegal suit entertained one state enforce alleged contract said however power entertain suit power grant restraining order preventing commencement suits page stated suit injunction necessarily confined case threatened direct trespass upon injury property whether commencement suit ever regarded actionable injury another equivalent cases trespass set forth foregoing cases received attention rate cases called reagan farmers loan ed inters com sup rate case suit members railroad commission created act state texas attorney general held suable suit one state commission enjoined enforcing rates established act attorney general enjoined instituting suits recover penalties failing conform rates fixed commission act true statute case creating board provided suit might maintained dissatisfied railroad company party interest competent jurisdiction travis county texas commission defendant held language permitted suit circuit western district texas embraced travis county also held irrespective consent suit effect suit state although attorney general enjoined therefore prohibited amendment said opinion delivered justice brewer suit fair sense considered suit state page conclusion objection jurisdiction circuit tenable whether jurisdiction rested page provisions statute upon general jurisdiction existing virtue statutes congress sanction constitution grounds effective equal force union mason city ed sup smyth ames ed sup another rate case held suit individuals purpose preventing officers state enforcing commencement suits indictment unconstitutional enactment injury rights plaintiff suit state within meaning amendment page answer objection suit really state said settled doctrine suit individuals purpose preventing officers state enforcing unconstitutional enactment injury rights plaintiff suit state within meaning amendment suit enjoin enforcement statute nebraska alleged unconstitutional account rates low afford compensation company contrary therefore amendment special provision statute rates making duty attorney general enforce general powers authority ask mandamus enforce law state ex rel board transportation fremont valley neb final decree enjoined attorney general bringing suit page way injunction mandamus civil action indictment purpose enforcing provisions act section act provided action might brought railroad company state nebraska base decision section held suit nature suit state although brought individual state officers purpose enjoining enforcing either civil proceeding indictment unconstitutional enactment injury plaintiff right page decision reaffirmed prout starr ed sup attention also directed case missouri missouri warehouse comrs missouri hickman ed sup suit brought state missouri railroad commissioners state powers granted statutes set forth report suit railway company compel discontinue certain charges making crossing boonville bridge missouri river defendant sought remove case federal plaintiffs resisted state refused remove ground real plaintiff state missouri proper go behind face record determine fact regular manner case came held state real party plaintiff case therefore properly removed state whose judgment thereupon reversed applying principles construction removal act applied amendment said state might real party plaintiff relief sought inures alone whose favor judgment decree plaintiff effectively operate although case one arising removal act involve amendment nevertheless illustrates question us reiterates doctrine state party suit simply state railroad commission party doctrine smyth ames also referred reiterated gunter atlantic coast line ed sup see also mcneill southern ed sup mississippi commission illinois ed sup various authorities referred furnish ample justification assertion individuals officers state clothed duty regard enforcement laws state threaten commence proceedings either civil criminal nature enforce parties affected unconstitutional act violating federal constitution may enjoined federal equity action objected however fitts mcghee ed sup somewhat limited principle upon authority case must held state party suit circuit bill dismissed attorney general ground think contention well founded doctrine smyth ames neither overruled doubted fitts case case alabama legislature act fixed tolls charged crossing bridge penalties disobeying act demanding receiving higher tolls collected persons paying officer state official connection recovery penalties indictments mentioned found another state statute set forth page report case provided fine officer company taking greater rate toll authorized charter charter specify amount fine imposed charging unreasonable toll determined jury act claimed unconstitutional indictments found necessarily connected alleged unconstitutional act fixing tolls state officer made party bore close official connection act fixing tolls making officer party defendant simple effort test constitutionality act way principle upon done state superintendent schools might well made party light fact said opinion page present case said neither state officers named held special relation particular statute alleged unconstitutional expressly directed see enforcement law officers state case made purpose testing constitutionality statute injunction suit brought constitutionality every act passed legislature tested suit governor attorney general based upon theory former executive state general sense charged execution laws latter attorney general might represent state litigation involving enforcement statutes convenient way obtaining speedy judicial determination questions constitutional law may raised individuals mode applied union consistently fundamental principle without assent brought suit private persons making officer state party defendant suit enjoin enforcement act alleged unconstitutional plain officer must connection enforcement act else merely making party representative state thereby attempting make state party however held necessary duty declared act enforced cases true duty enforcement imposed act may possibly make duty clear otherwise exist equally efficacious fact state officer virtue office connection enforcement act important material fact whether arises general law specially created act material long exists course opinion fitts case reagan smyth cases referred others instances state officers specially charged execution state enactment alleged unconstitutional commit authority specific wrong trespass injury plaintiff rights cases wrong injury trespass involved threatened commencement suits enforce statute rates threat commencement case regarded sufficient aughorize issuing injunction prevent threat commence suits circumstances therefore necessarily held equivalent threatened wrong injury property plaintiff theretofore held sufficient authorize suit officer specially charged duty enforce statute sufficiently apparent duty exists general authority law even though authority found particular act might exist reason general duties officer enforce law state officers fitts case occupied position duty regard act properly made parties suit reason stated also objected statute specifically make duty attorney general assuming general right enforce circumstances full general discretion whether attempt enforcement interfere control attorney general exercise discretion view interference discretion facts herein doubt control exercise discretion officer direct affirmative action officer duty perform involving discretion merely ministerial nature refuses neglects take action case direct defendant perform merely ministerial duty board liquidation mccomb ed general discretion regarding enforcement laws deems appropriate interfered injunction restrains state officer taking steps towards enforcement unconstitutional enactment injury complainant case affirmative action nature directed officer simply prohibited act legal right injunction prevent legal right interference discretion officer also argued proceeding attorney general take enforce statute far office concerned one mandamus commenced state sovereign governmental character right bring action necessary attribute sovereign government contended complainants complain care nothing action young might take bring ordinary individual complained officer whose discretion confided use name state minnesota far litigation concerned shall use matter resting discretion controlled answer made every case official claims acting authority state act enforced alleged unconstitutional use name state enforce unconstitutional act injury complainants proceeding without authority one affect state sovereign governmental capacity simply illegal act upon part state official attempting use name state enforce legislative enactment void unconstitutional act state attorney general seeks enforce violation federal constitution officer proceeding enactment comes conflict superior authority constitution case stripped official representative character subjected person consequences individual conduct state power impart immunity responsibility authority see ayers ed sup injury complainant harass multiplicity suits litigation generally endeavor enforce penalties unconstitutional enactment prevent within jurisdiction equity question unconstitutionality reference least federal constitution first raised federal think shown authorities cited hereafter right decide exclusion courts question remains whether attorney general law state far concerns rate acts duty regard enforcement official conduct seems regarded duty connected office compel company obey commodity act commenced proceedings enforce obedience immediately injunction issued risk found guilty contempt duties attorney general decided state minnesota created partly statute exist partly common law state ex rel young robinson decided june case held attorney general might institute conduct maintain suits proceedings might deem necessary enforcement laws state preservation order protection public rights statutory restrictions state limiting duties attorney general case section chapter general laws minnesota law revised laws minnesota imposes duty upon attorney general cause proceedings instituted corporation whenever shall offended laws state revised laws also provided attorney general shall ex officio attorney railroad commission made duty institute prosecute actions commission shall order brought shall render commissioners counsel advice necessary proper performance duties said attorney general bound act commission orders action brought commodity act april expressly provides duty shall rest upon commission enforce act hence duty discretionary rests upon attorney general matter provision somewhat unusual reasons insertion act material neither require justify comment seem clear attorney general power existing common law virtue various statutes general duty imposed upon includes right power enforce statutes state including course act question constitutional power virtue office sufficiently connected duty enforcement make proper party suit nature one circuit objected objection really forms part contention state sued equity jurisdiction enjoin criminal proceedings indictment otherwise state law general rule true exceptions indictment proceeding brought enforce alleged unconstitutional statute inquiry suit already pending federal latter first obtained jurisdiction right civil criminal cases hold maintain jurisdiction exclusion courts duty fully performed prout starr ed sup federal course interfere case proceedings already pending state taylor taintor wall ed harkrader wadley ed sup one commences criminal proceeding already party suit pending equity criminal proceedings brought enforce right issue latter may enjoin criminal proceedings davis mfg los angeles ed sup dobbins los angeles ed sup remarked justice day delivering opinion well settled property rights destroyed unlawful interference criminal proceedings void law ordinance may reached controlled decree equity smyth ames ed sup distinctly enjoined proceedings indictment compel obedience rate act cases show equity always precluded granting injunction stay proceedings criminal cases doubt principle applies case present sawyer ed sup contrary case holds general equity jurisdiction bill stay criminal proceedings expressly exception instituted party suit already pending try right issue various authorities cited sustain exception criminal proceedings commenced state authorities statutes relating passenger freight rates validity question involved suit circuit right restrain proceedings mandamus based upon foundation governed principles proper add right enjoin individual even though state official commencing suits circumstances already stated include power restrain acting case brought either civil criminal nature include power prevent investigation action grand jury latter body part machinery criminal injunction state violation whole scheme government injunction individual disobeyed commences proceedings grand jury disobedience personal jury proceed without incurring penalty account difference power enjoin individual certain things power enjoin courts proceeding way exercise jurisdiction plain power latter exists power former objected plain adequate remedy law open complainants equity therefore jurisdiction case suggested proper way test constitutionality act disobey least company might obey act pending subsequent proceedings test validity event single violation prosecutor might avail opportunity make test obedience law thereafter continued might think unnecessary start inquiry however company thereafter obeying law several years might elapse final determination question determined law invalid property company taken time without due process law possibility recovery another obstacle making test part company might find agent employee disobey law possible fine imprisonment staring face act held valid take act instance sale single ticket price mentioned act might subject ticket agent charge felony upon conviction fine imprisonment five years true company might pay fine imprisonment agent suffer personally wonderful circumstances crowd agents offering disobey law wonder single agent found ready take risk however one found prosecutor elect proceed defense act invalid rates established low require long difficult examination quite complicated facts upon validity act depended investigation almost impossible make jury body intelligently pass upon matter questions cost transportation passengers freight net earnings road separation cost earnings within state arising beyond boundaries depending upon testimony experts examination figures relating subjects well possibly expenses attending building proper cost road necessarily form chief matter inquiry intelligent answers given careful prolonged examination whole evidence making calculations based thereon material evidence taken upon issues held referred competent reliable master make needed computations find therefrom necessary facts upon judgment might rendered might reviewed chicago tompkins ed sup considerations plain proper suit investigation jury suits penalties dictment criminal proceedings violation act therefore furnish reasonable adequate opportunity presentation defense founded upon assertion rates low therefore act invalid say company interpose defense action recover penalties upon trial indictment louis gill ed sup facility proving either case falls far obtain equity comparison scarcely possible await proceedings company state grounded upon disobedience act necessary obtain review writ error highest state place company peril large loss agents great risk fines imprisonment finally determined act valid risk company required take eleven thousand millions dollars estimated invested railroad property owned many thousands people scattered whole country ocean ocean entitled equal protection laws courts owners kinds property less courts jurisdiction federal state times opened well others purpose protecting property legal rights objections remedy law plainly inadequate obviated suit equity making directly interested parties suit enjoining enforcement act decision upon legal question act legislature fixing rates either passengers freight regarded prima facie valid onus rests upon company prove assertion contrary circumstances stated justice miller concurring opinion chicago minnesota ed inters com sup proper mode judicial relief tariff rates established legislature commission bill chancery asserting unreasonable character decree equity suit obtained competent individual dealings carrier carrier regard individual demands services raise contest courts questions settled general conclusive manner remedy bill equity referred approved justice shiras delivering opinion louis gill ed sup although question directly remedy undoubtedly convenient comprehensive orderly way rights parties properly fairly adequately passed upon real interest anyone injure cripple resources railroad companies country prosperity railroads country intimately connected question sufficiency rates important controlling judicial nature settled earliest moment federal first obtains jurisdiction general principles jurisprudence permitted finish inquiry make conclusive judgment exclusion courts claimed think must admitted finally objected necessary result upholding suit circuit draw lower federal courts great flood litigation character one federal judge power enjoin proceedings state officials enforce legislative acts state either criminal civil actions may answered first place injunction granted unless case reasonably free doubt think rule followed judges federal courts must remembered jurisdiction general character fact exercised federal courts time osborn bank present difference regard case osborn case hand case injury complained threatened commencement suits civil criminal enforce act instead osborn case actual direct trespass upon interference tangible property bill filed prevent commencement suits enforce unconstitutional act circumstances already mentioned new invention already seen difference actual direct interference tangible property enjoining state officers enforcing unconstitutional act radical nature extend truth jurisdiction courts matter case interference property person enjoined assuming act capacity official state justification interference claimed reason position state official official justify acting unconstitutional enactment legislature state official instead directly interfering tangible property commence suits object enforcement act violates federal constitution great irreparable injury complainants seeking justification authority state cases sovereignty state reality involved one case state either case impart official immunity responsibility authority see ayers ed sup authority arises specific provisions constitution nowhere fully illustrated series decisions federal habeas corpus statute rev stat comp stat cases persons custody state officers alleged crimes state taken custody discharged federal judge imprisonment adjudged violation federal constitution right discharge doubted never supposed suit state reason serving writ upon one officers state whose custody person found cases writ refused matter discretion others granted power fully recognized ex parte royall ed sup loney thomas loney ed sup neagle cunningham neagle ed sup baker grice ed sup ohio thomas ed sup minnesota brundage ed sup reid jones ed sup ex rel drury lewis ed sup lincoln ed sup somewhat difficult appreciate distinction admitting taking person custody state virtue service writ state officer whose custody found suit state yet service writ attorney general prevent enforcing unconstitutional enactment state legislature suit state nothing case us properly breed hostility customary operation federal courts justice cases character rule show cause discharged petition writs habeas corpus certiorari dismissed ordered justice harlan dissenting although history litigation set forth opinion deem appropriate restate principal facts case direct connection examination question upon decision turns question whether suit circuit relief sought attorney general minnesota forbidden amendment constitution declaring judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state examination may say outset entered upon little embarrassment view fact views expressed shared brethren may also frankly admit embarrassment arising certain views stated dissenting opinions heretofore delivered time meet approval brethren entertain shall say opinion substantial accord heretofore decided opinion departs think principles previously announced upon full consideration propose adhere former decisions whatever may opinion certain aspects general question plaintiffs suit referred perkins shepard shareholders northern pacific railway company citizens respectively iowa minnesota defendants railway company edward young attorney general minnesota several members state railroad warehouse commission certain persons shippers freight lines railway general object suit prevent compliance provisions certain acts minnesota legislature certain orders state railroad warehouse commission indicating rates state permits charged transportation passengers commodities upon railroads within limits also prevent shippers bringing actions railway company enforce acts orders bill among things prayed edward young attorney general state minnesota members state railroad warehouse commission naming enjoined attempts compel railway company put force rates prescribed said orders taking action step proceeding said railway company officers directors agents employees enforce penalties remedies violation said railway company said orders either said young attorney general enjoined taking action step proceeding railway company officers agents employees enforce penalties remedies specified acts gave temporary injunction prayed attorney general minnesota appeared specially without submitting acknowledging jurisdiction moved dismiss suit upon ground state consented sued also bill exhibited attorney general state minnesota restrain injunction exercising discretion vested commence appropriate actions behalf state enforce test validity laws directly raised question suit official capacity one state violation amendment response order show cause injunction asked granted attorney general also appeared specially urged like objections suit circuit hearing parties made order september whereby railway company officers directors agents servants employees enjoined order publishing adopting putting effect tariffs rates charges specified act april likewise enjoined defendant young attorney general state minnesota instituting action suit step proceeding enforce penalties remedies specified said act either thereof compel obedience said act compliance therewith part thereof like injunction granted defendant shippers next day september state minnesota relation edward young attorney general commenced action one courts northern pacific railway company relief sought mandamus ordering company adopt publish keep public inspection put effect rates charges maintained transportation freight stations minnesota named specified known chapter session laws minnesota act object suit federal strike nullify alternative writ mandamus state asked issued state institution state state relation attorney general mandamus proceeding railway company brought attention federal circuit rule issued defendant young show cause punished contempt answering rule alleged among things mandamus proceeding brought behalf state attorney general every way posible objected jurisdiction ground action commenced solely attorney general minnesota order prevent instituting proper courts civil actions name state enforce test validity laws action proceeding pending contemplated defendant said railway company except said proceedings mandamus hereinbefore referred defendant expressly disclaimed intention treat disrespect commencement proceedings referred believing decision action holding jurisdiction enjoin defendant attorney general performing discretionary official duties conflict amendment constitution interpreted applied defendant believed duty attorney general commence said mandamus proceedings behalf state belief said proceedings commenced solely purpose enforcing said law state minnesota rule heard attorney general held contempt order federal said edward young forthwith dismiss cause dismissed suit state minnesota relation edward young attorney general plaintiff northern pacific railway company defendant heretofore instituted district county ramsey second judicial district state minnesota ordered said contempt said edward young fined sum stand committed custody marshal paid purge contempt dismissing causing dismissed said suit last herein mentioned present proceeding commenced original application young writ habeas corpus petitioner application proceeds upon ground held custody violation constitution petition set steps taken suit federal alleging among things petitioner office attorney general state minnesota established provided constitution said state article thereof providing follows wit executive department shall consist governor lieutenant governor secretary state auditor treasurer attorney general shall chosen electors state neither statute otherwise petitioner charged special duty ministerial character said complainants said bill complaint said northern pacific railway company legal right whatever duties petitioner respect several matters complained said bill complaint executive discretionary nature case petitioner even though intention deprive said complainants said northern pacific railway company either property trespass upon rights particular attorney general aforesaid duty capacity intended commence formal judicial proceedings appropriate minnesota said northern pacific railway company officers agents employees compel said company officers agents servants adopt put force schedule freight rates tariffs charges prescribed said chapter laws state minnesota renewed objection suit instituted perkins shepard far suit state prevent commencing proposed action name state restraint state said suit one said state violation amendment constitution therefore far petitioner concerned beyond jurisdiction said circuit etc statement sufficiently indicate nature question examined upon merits let observed suit instituted perkins shepard circuit defendant young one attorney general minnesota relief sought individually capacity attorney general manifest indeed avowed admitted object seeking relief tie hands state manner mode proceeding courts test validity statutes orders question therefore seem clear within true meaning amendment suit brought federal one legal effect state much state formally named record party therefore suit amendment far state attorney general concerned judicial power extend proposition sound follow conceded far relief sought attorney general minnesota suit state order federal enjoining officer taking action suit step proceeding compel railway company obey minnesota statute beyond jurisdiction wholly void case officer liberty proceed discharge official duties defined laws state order adjudging contempt bringing mandamus proceeding state nullity fact federal circuit prior institution mandamus suit state preliminarily finally held statutes minnesota orders railroad warehouse commission question violation constitution reason laid violent hands upon attorney general minnesota orders deprived state services constitutional law officer courts yet done federal circuit intangible thing called state however extensive powers never appear represented known litigated case except officers therefore federal forbade defendant young attorney general minnesota taking action suit step proceeding whatever looking enforcement statutes question said effect state minnesota true powers delegated constitution prohibited reserved respectively people true constitution judicial power extend suit brought state citizen another state citizen subject foreign state yet federal adjudges state although sovereign many important governmental purposes shall appear courts law officer view enforcing even determining validity state enactments federal upon preliminary hearing declared violation constitution principle firmly established work radical change governmental system inaugurate new era american judicial system relations national state governments enable subordinate federal courts supervise control official action provinces place union condition inferiority never dreamed constitution adopted amendment made part law land suppose great men framed constitution ever thought time come subordinate federal power compel state corporate capacity appear litigant yet assume deprive state right represented courts regular law officer minnesota adjudged appearance defendant young state attorney general minnesota representing state chief law officer contempt authority federal punishable fine imprisonment little consequence attached fact courts obligation equally strong resting upon courts union respect enforce provisions federal constitution law land guard rights secured guaranteed instrument must decent respect requires us state courts enforce every right secured constitution fail party complaining clear remedy protection rights come writ error orderly judicial way highest state tribunal redress respect every right granted secured instrument denied state state courts remembered jurisdiction concurrent courts suits civil nature common law equity involving prescribed amount arising constitution laws stat chap comp stat said state original jurisdiction parties may consistently existing federal legislation determine cases law equity arising constitution laws involving rights dependent upon constitution laws upon state courts equally courts union rests obligation guard enforce protect every right granted secured constitution laws made pursuance thereof whenever rights involved suit proceeding judges state courts required take oath support constitution bound laws made pursuance thereof treaties made authority law land constitution laws state contrary notwithstanding fail therein withhold deny rights privileges immunities secured constitution laws party aggrieved may bring case highest state question decided final conclusive determination robb connolly ed sup order federal preventing state services attorney general one courts except risk fined arrested justified upon ground question constitutional law involved enforcement statutes question beyond competency state consider determine primarily parties suit brought state argument case counsel railway company insisted provisions act question drastic enforced state courts persistency manner brief period railway officers agents jail business company destroyed property confiscated heavy successive penalties final judicial decision constitutionality act obtained infer language opinion apprehensions shared brethren supposed danger railway company shareholders seems basis action federal circuit order directed attorney general minnesota practically excluded state courts respect issues involved really question state statute involved need considered possibly arise hearing present application officer discharge habeas corpus question whether suit perkins shepard federal upon face relief sought attorney general minnesota suit state stated another form question whether may operating upon officer official capacity means fine imprisonment prevent state represented law officer one courts federal thus put manacles upon state prevent represented attorney general state pass upon validity state enactment question suit end habeas corpus proceeding attorney general minnesota discharged order custody observed state effect prohibited order federal appearing courts danger absolutely none whatever anything attorney general ever done proposed property railway company confiscated officers agents imprisoned beyond power company stay wrong done bringing regular order final judgment state mandamus suit may derogation federal right attorney general instituted mandamus proceeding state railway company force must forgotten order injunction federal prevented company obeying state law consequently danger direction besides mandamus proceeding instituted recovery penalties prescribed state law therefore judgment case operate directly upon property railway company upon persons officers agents attorney general response rule assured federal contemplate proceeding whatever railway company except one mandamus suppose mandamus case finally decided state way open railway company preserve question made rights constitution event decision adverse carry case highest minnesota thence writ error bring course served determine every question constitutional law raised suit federal orderly way without trampling upon state without interfering meantime operation railway property accustomed way instead adopting course manifestly consistent dignity authority federal state judicial tribunals federal practically closed state courts state adjudged attorney general without regard wishes governor minnesota without reference duties prescribed laws state stand custody marshal unless dismissed mandamus suit federal thus prohibit law officer state representing suit brought state might bill federal amended reach district attorneys minnesota forbid bringing attention grand juries state courts violations state act railway company grand jury inquire acts railway company respect matter rates may federal proceeding upon grounds moved attorney general enjoin finding returning indictments railway company indictment returned railway company tried petit jury federal upon principles announced forbid jury proceed railway company punish every petit juryman contempt indeed may lay hands governor state forbid appealing courts minnesota name state test validity act question may federal lay hands even upon judge state whenever proceeds railway company state law questions evidently considered startling consequences result affirmative answer overlooked opinion find observations proper add right enjoin individual even though state official commencing suits circumstances already stated include power restrain acting case brought either civil criminal nature include power prevent investigation action grand jury latter body part machinery criminal injunction state violation whole scheme government injunction individual disobeyed commences proceedings grand jury disobedience personal jury proceed without incurring penalty account difference power enjoin individual certain things power enjoin courts proceeding way exercise jurisdiction plain power latter exists power former order federal forbidding state grand jury attempting enforce state enactment violation whole scheme government difficult perceive order forbidding chief law officer district attorneys state represent courts particular case practically way closing doors state state also inconsistent whole scheme government therefore beyond power make whether minnesota statutes violative constitution already suggested question habeas corpus proceeding therefore stop consider whether statutes repugnant constitution upon ground necessary operation enforced prevent railway company contesting validity upon ground confiscatory therefore obnoxious requirement due process law argument bar support propositions confessedly great force persuasiveness points need examined express opinion soundness may however conceded purposes discussion indeed may assumed purposes discussion state enactments harsh intemperate features invalid questions wholly apart present proceeding consider must go way order evidence proceeding effect statutes enforced upon value either railway property bonds stocks railway company question validity finally decided circuit us even evidence upon preliminary injunction based essential question us need decided whether order federal prevents state repressented courts chief law officer upon issue involving constitutional validity certain state enactments make suit state within meaning amendment suit kind conceded circuit without jurisdiction fine imprison petitioner must discharged whatever views may validity state enactments must necessarily unless amendment less force restricted meaning time tion unless suit attorney general state official capacity one state amendment determination depends upon question constitutional power right amendment view concur opinion amendment modified slightest degree scope meaning amendment suit essence one state remains one character forbidden even brought strike state statute alleged violation clause amendment forbidding deprivation state life liberty property without due process law suit commenced state involves right secured federal constitution way open incomparable judicial system protect right first judgment state ultimately judgment upon writ error right protected means suit outset directly legal effect one state whose action alleged illegal mode redress absolutely forbidden amendment made legal mere construction consideration consequences may follow operation statute parties case obtain redress suit state uniform ruling unfortunate declared competent federal circuit exerting authority chief law officer state without consent state exclude state sovereign capacity courts seeking ruling courts powers statutes surely right state invoke jurisdiction courts less right individuals invoke jurisdiction federal preservation dignity sovereignty within limits constitutional powers last importance vital preservation system government courts permit driven hardships real supposed particular cases accomplish results even results mode forbidden fundamental law country never allowed think constitution case evaded amended mere judicial interpretation behests may nullified ingenious construction provisions importance question consideration sufficient justification reference authorities indicate precise grounds oftentimes proceeded determining suit state within meaning amendment cases agree declaring incapacity federal exercise jurisdiction state party assaults upon amendment oftenest made cases effort without making state formal party control acts officers agents orders directed accomplish indirection results accomplished suit directly state suit possible well look principal adjudged cases general question examined cunningham macon ed sup said conceded cases accepted point departure unquestioned neither state sued defendant country without consent except limited class cases state may made party virtue original jurisdiction conferred constitution case departed constitutional principle pennoyer mcconnaughy ed sup said immunity state suit absolute unqualified constitutional provision securing construed place state within reach process accordingly equally well settled suit officers state compel acts constitute performance contracts effect suit state cunningham macon cited distinction drawn suit state real party interest although technically party record one individual sued tort act injurious another regard person property defense acted orders government last case observed defendant sued officer government individual ousted jurisdiction asserts authority officer let forgotten defendant young sued individual personal interest matters solely officer state charged performance certain public duties hagood southern ed sup involved validity certain scrip alleged issued state south carolina appeared state denied obligation pay plaintiff sought relief simply suing certain state officers without making state formal party said suits accurately described bills specific performance contract complainants state south carolina parties bills state name made party defendant though leave given become chooses except consent brought made appear defend yet actual party alleged contract performance decreed one required perform decree party performed though nominally party record real party interest nominal defendants officers agents state personal interest suit defending representing state things required decrees done performed things done performed constitute performance alleged contract state state real party controversy real party relief sought suit suit therefore substantially within prohibition amendment constitution declares judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state case within class forbidden constitutional guaranty immunity suits federal tribunals difficult conceive frame one state named defendant reached either mesne final process officers agents judgment neither obtained enforced except public conduct government ideal political body called state reached affected official representatives judgment latter official representative capacity commanding perform official functions behalf state according dictates decrees anything judicial proceeding state may well asked constitute proceeding present cases decrees defendants official capacity might mistake nature extent duty performed also successors office said order requiring attorney general state perform certain official functions behalf state suit state order forbidding attorney general perform official function behalf state suit state leading case upon general subject one similar many important particulars present one ayers ed sup facts case briefly legislature virginia passed act holders sundry bonds coupons commonwealth alleged violation rights constitution instituted suit equity circuit attorney general auditor virginia treasurers commonwealth attorneys counties cities towns virginia relief asked decree enjoining restraining said state officers bringing commencing suit provided act anything put act operation circuit entered order enjoining attorney general virginia state officers named bringing commencing suit person tendered state virginia coupons payment taxes due said state provided directed act legislature virginia approved may subsequently circuit informed attorney general virginia disobeyed order injunction thereupon officer ruled show cause fined imprisoned responded rule admitting served injunction instituted suit state circuit baltimore ohio railroad company recover taxes due state alleging instituted said suit thereunto required act general assembly virginia aforesaid believed jurisdiction whatever award injunction violated disclaimed intention treat disrespect stated actuated alone desire law properly administered nevertheless adjudged guilty contempt required forthwith dismiss suit brought fined contempt committed custody marshal fine paid purged contempt dismissing suit state attorney general applied directly writ habeas corpus granted upon hearing released custody order discharge recited suit injunctions granted substance law suit state virginia prohibition amendment constitution one judicial power extend circuit without jurisdiction entertain proceedings exercise jurisdiction null void authority power adjudge attorney general contempt imprisonment without authority law opinion ayers case said follows therefore present case personal act petitioners sought restrained order circuit reduced mere bringing action name state taxpayers although may tendered coupons charged delinquents alleged individual act violation legal contract rights taxpayers relief sought defendants individual representative capacity officers state virginia acts sought restrained bringing suits state virginia name use state made defendant bill name charged according allegations contains suit maintained subjected jurisdiction process served upon governor attorney general according precedents cases new jersey new york pet ed kentucky dennison ed rule ed sup vii decree rendered enjoining state bringing suits taxpayers operated upon state officers law required represent bringing suits present defendants attorney general commonwealth attorneys several counties breach injunction officers amenable proceeding contempt authority liable punishment therefor attachment imprisonment nature case supposed identical case actually presented bill single exception state named defendant else state forbidden judicial process bring actions name except constraining conduct officers attorneys agents officers attorneys agents personally subjected process forbid acting behalf said state subjected jurisdiction actual real defendant object purpose amendment prevent indignity subjecting state coercive process judicial tribunals instance private parties thought neither becoming convenient several union invested large residuum sovereignty delegated summoned defendants answer complaints private persons whether citizens aliens course public policy administration public affairs subject controlled members judicial tribunals without consent favor individual interests secure manifest purposes constitutional exemption teed amendment requires interpreted literally narrowly fairly breadth largeness effectually accomplish substance purpose spirit must held cover suits brought state name also officers agents representatives state though named nevertheless real party alone fact relief asked judgment decree effectively operates intended way impinge upon principle justifies suits individual defendants color authority unconstitutional legislation state guilty personal trespasses wrongs forbid suits officers official capacity either arrest direct offcial action injunction mandamus suits authorized law act done omitted purely ministerial performance omission plaintiff legal interest said ayers case applicable orders made federal circuit object compel virginia perform contract bondholders case difference ayers case case affect principle involved proceeding attorney general virginia object compel indirection performance contract commonwealth alleged made bondholders performance part state effected means orders federal circuit directly controlling official action officer proceeding suit attorney general minnesota object means orders federal circuit directed officer control action state reference enforcement certain statutes judicial proceedings commenced courts relief sought case control state controlling conduct law officer conceive proceeding attorney general virginia deemed suit state yet proceeding attorney general minnesota deemed suit minnesota object effect latter proceeding beyond question shut state entirely courts prevent law officer invoking jurisdiction special matter public concern involving official duty state desired know views judiciary opinion decision ayres case determines case petitioner directly point perhaps petitioner young case fitts mcghee ed sup suit brought receivers railroad company governor attorney general alabama object prevent enforcement provisions alabama statute prescribing maximum rates toll charged certain bridge across tennessee river statute imposed penalty time owners lessees operators bridge demanded received higher rate toll prescribed relief asked injunction prohibiting governor attorney general state persons instituting proceeding complainants either enforce statute injunction prayed granted progress cause solicitor district case pending made defendant injunction extended amended pleadings made appear tollgate keepers public crossing bridge indicted collecting tolls violation statute progress cause plaintiffs dismissed case state cause discontinued governor case heard upon motion dismiss bill upon ground suit one state violation constitution stating principles settled ayers case cases said principles applied present case escape conclusion although state alabama dismissed party defendant suit officers really one state state act officers order restraining officers taking steps means judicial proceedings execution statute february one restrains state suit consequently much state state named party defendant record individual defendants held possession take possession commit trespass upon property belonging control plaintiffs violation latter constitutional rights resist judicial determination suit question right possession simply asserting held entitled hold property capacity officers state case supposed compelled make good state claim property shield suit official character tindal wesley ed sup case us case observed neither attorney general alabama solicitor eleventh judicial circuit state appear charged law special duty connection act february support contention present suit one state reference made counsel several cases among poindexter greenhow ed sup allen baltimore ed sup pennoyer mcconnaughy ed sup tyler ed sup reagan farmers loan ed inters com sup scott donald ed sup smyth ames ed sup upon examination found defendants cases officers state especially charged execution state enactment alleged unconstitutional authority averred committing commit specific wrong trespass injury plaintiff rights wide difference suit individuals holding official positions state prevent sanction unconstitutional statute committing positive act wrong trespass suit officers state merely test constitutionality state statute enforcement officers act formal judicial proceedings courts state present case said neither state officers named held special relation particular statute alleged unconstitutional expressly directed see enforcement law officers state case made purpose testing constitutionality statute injunction suit brought constitutionality every act passed legislature tested suit governor attorney general based upon theory former executive state general sense charged execution laws latter attorney general might represent state litigation involving enforcement statutes convenient way obtaining speedy judicial determination questions constitutional law may raised individuals mode applied union consistently fundamental principle without assent brought suit private persons officers commit acts trespass wrong citizen may individually proceeded trespasses wrong view take question citizen without effective remedy proceeded legislative enactment void repugnancy law land whatever form proceeding make defense upon ground statute unconstitutional void question ultimately brought final determination unable distinguish case principle one us fitts case overruled fear frittered away put sight unwarranted distinctions two cases much relied support proposition suit circuit suit state refer reagan farmers loan ed inters com sup smyth ames ed sup cases differs material respects one instituted perkins shepard reagan case appears act railroad commission proceeded authorized railroad company interested party dissatisfled action commission establishing rates bring suit commission named county right appeal higher combating suggestion state jurisdiction proceed commission give relief respect rates established said may laid general proposition whenever citizen state go courts state defend property illegal acts officers citizen another state may invoke jurisdiction federal courts maintain like defense state tie citizen another state property rights within territory invaded unauthorized acts officers suits redress courts given case suit maintained courts state protect property rights citizen another state may invoke jurisdiction federal courts comes therefore within terms act doubted state like government waive exemption suit declaration reagan case suit within true meaning amendment regarded suit state must therefore taken connection declaration case state consented commission might sued one courts respect rates established statute must taken waived immunity suit circuit sitting texas smyth ames cited suit circuit involving constitutional validity certain rates established railroads nebraska appeared statute expressly authorized railroad company claiming rates unreasonable bring action state name railroad company companies bringing thus state nebraska waived immunity suit authorized suit one courts respect rates question according decision reagan case deny liability like suit true opinion smyth ames lay special stress fact nebraska statute agreed might sued took especial care extended statement case bring fact silence point extraordinary view fact appears opinion question whether suit deemed one state discussed bar nebraska state board quoted reagan case words citizen state go courts state defend property illegal acts officers citizen another state may invoke jurisdiction federal courts maintain like defense state tie citize another state property rights within territory invaded unauthorized acts officers suits redress courts reagan smyth cases go far claimed made clear later case fitts mcghee already ferred doctrines ayers reaffirmed applied may refer connection gunter atlantic coast line ed sup case one points made circuit power restrain attorney general south carolina counsel associated prosecuting state courts actions authorized laws state hence erred awarding injunction said officers said proposition rested upon terms amendment provisions revised statutes comp stat forbidding granting writ stay proceedings state except cases injunction may authorized law relating proceedings bankruptcy soundness doctrine relied upon undoubted ayers ed sup fitts mcghee ed sup difficulty doctrine inapplicable case section revised statutes originally adopted whilst amendment process formation congress submission long therefore ratification amendment restrictions embodied section therefore partial accomplishment comprehensive result effectuated prohibitions amendment statute amendment relate power courts deal consent state controversies individuals none prohibitions therefore amendment statute relate power federal administer relief causes jurisdiction state officers acquired result voluntary action state submitting rights judicial determination confound two classes cases overlook distinction exists power deal subject jurisdiction want authority entertain controversy jurisdiction possessed counsel railway company placed reliance pennoyer mcconnaughy ed sup previous cases general subject suits classified case suit equity certain parties constitution oregon governor secretary state treasurer state comprised board land commissioners state restrain enjoin selling conveying large amount land state appellee asserted title suit view nature relief asked relations defendants matters involved held one state within meaning amendment review facts explanatory conclusion reached took especial care observe connection must borne mind suit nominally governor secretary state treasurer officers collectively board land commissioners present suit terms young attorney general minnesota decree sought officer individually mere administrative officer charged certain duties one cases cited support decision rendered missouri missouri warehouse comrs missouri hickman ed sup although particular suit held one state case respect principles announced harmony views expressed says state real party plaintiff early day held construing amendment cases jurisdiction depends party party named record osborn bank wheat ed technical construction yielded one consonance spirit amendment ayers supra ruled upon full consideration amendment covers suits state name also officers agents representatives state though named nevertheless real party fact relief asked judgment decree effectively operates construction amendment since followed present case state although named record party real party whose action sought control cases scope meaning amendment consideration need cited well known cited ayres ed sup vital principle cases said ayers case defendants though professing act officers state threatening violation personal property rights complainant personally individually liable cases officer sued refused perform purely ministerial duty discretion performance plaintiff direct interest case us altogether different statutes question impose upon attorney general minnesota special duty see enforcement bringing mandamus suit acted general authority inhering chief law officer state become personally liable railway company simply bringing mandamus suit attorney general stated contemplated bring mandamus suit mere bringing suit alleged individual violation legal right railway company shareholders ayers ed sup plaintiffs recognized fact hence proceed suit upon ground defendant individually liable sued attorney general sought decree official capacity otherwise reference made ex parte royall ed sup cases affirm authority federal existing statutes discharge upon habeas corpus custody state officer one held violation federal constitution alleged crime state cases point present discussion habeas corpus proceeding ex parte object inquire whether applicant writ illegally restrained liberty state officer holding custody trespasser defend wrong tort committed pleading official character power federal discharge person custody trespasser may well exist yet power suit order directed attorney general state prevent state represented officer litigant one courts former cases may argued come within decisions hold suit seeks prevent restrain trespass upon property person one happens state officer proceeding violation constitution suit state within meaning amendment suit trespasser wrongdoer authority federal protect one trespass committed committed state officer violation constitution different power asserted recognized existing shut sovereign state courts device forbidding attorney general penalty fine imprisonment appearing courts behalf mere bringing suit behalf state attorney general decided ayers case make officer trespasser individually liable party sued enjoin representing state suit therefore every practical legal purpose enjoin state debs ed sup said government intrusted terms powers duties exercised discharged general welfare right apply courts proper assistance exercise one discharge sufficient answer appeal one courts pecuniary interest matter obligations promote interest prevent wrongdoing one resulting injury general welfare often sufficient give standing proposition relations heretofore received sanction one power state possesses deemed beyond control mode national government courts power judicial proceedings appear courts law officer attorneys seek guidance courts respect matters justiciable nature state judgment suit disregard injunctions federal constitution judgment subject review upon writ error appeal well look course decisions federal courts attention first directed arbuckle blackburn fed suit equity one principal objects restrain enforcement act ohio legislature relating food products particularly named coffee plaintiffs interested circuit appeals held bill properly dismissed saying among things object injunction sought case less restrain officer state bringing prosecutions violations act cer expressly charged enforce way authorized proceed bringing criminal prosecutions name state virtually enjoin state proceeding duly qualified acting officers food commissioner may enjoined instituting prosecutions may prosecuting attorney officer state charged execution criminal laws state state may sued bill sustained officers effectually prevented proceeding enforce laws action directly state view case judgment amply sustained cases cited later case fitts mcghee ed sup far action seeks injunction respondent proceeding enforce prosecution provisions statutes ohio cited courts deprived jurisdiction amendment constitution union trust stearns fed circuit district rhode island occasion consider scope amendment case related statute regulating hours labor certain employees street railways imposing fine violation provisions upon elaborate review cases dismissed action defendants stearns greenough respectively attorney general assistant attorney general state named act charged special duty connection therewith said purpose present bill substance effect enjoin state rhode island enforcement penal statute indietments act brought name behalf state protection state defendants attorney general assistant merely represent state proceedings simply officers agents state individuals solely virtue holding offices prefer prosecute indictments name state state act proceeded officers decree entered state rhode island enjoining prosecutions act operate state enjoining defendants order restraining attorney general assistant enforcement statute order restraining state present suit therefore much state rhode island state named party defendant referring ayers fitts mcghee upon review cases proceeded defendants stearns greenough hold special relation act june specially charged execution thereby constituted board commission administrative powers individuals apart official authority act threatening seize property complainant commit wrong trespass personal property rights connection statute institution formal judicial proceedings enforcement courts state name behalf state upon reason authority present bill suit state rhode island within meaning amendment constitution morenci copper freer fed action equity restrain inhibit defendant official capacity attorney general west virginia proceeding institute action state forfeiture charter plaintiff corporation failure pay license tax imposed state statute statute alleged violation federal constitution circuit reviewed decision upon question suits state circuit held diction case saying may said holds remedy sort lie circuit prevent breach contract state west virginia means machinery law violative constitution rights corporations preserved answer alleged unconstitutionality matter defense suit brought forfeiture complainant charter set answer defense bill brought purpose highest state ruled adversely contention appeal lie case removed circuit presents case arising constitution laws case western teleg andrews fed case telegraph company sought bill enjoin prosecuting attorneys various judicial circuits arkansas instituting proceeding penalties failure refusal comply provisions act legislature arkansas relating foreign corporations business state fixing fees etc bill charged various prosecuting attorneys unless restrained institute numerous actions recovery penalties prescribed act less alleged violation defense among things action one state therefore prohibited constitution careful review adjudged cases subordinate federal courts circuit held action one state forbidden amendment saying among things allegations bill show attempt prevent state arkansas officers laws merely attorneys represent legal actions favor interested instituting prosecuting suits recovery penalties incurred alleged violation laws instituted name state use benefit upon fullest consideration careful examination authorities mind brought conclusion case heretofore determined requires us hold federal circuit authority forbid attorney general minnesota representing state mandamus suit state adjudge contempt liable fined imprisoned simply attorney general brought suit state one courts contrary conviction strong regard former utterances suit perkins shepard federal respect relief sought therein young official capacity attorney general minnesota ayers fitts cases suit state circuit take cognizance without violating amendment constitution even held suits restrain instituting actions directly recover prescribed penalties suits state follow go hold proceeding state effect denied access attorney general courts consistent amendment different view means think although judicial power extend suit expressly brought state citizen another state without consent suit legal effect tie hands state although formally named party yet circuit suit brought attorney general state may orders directed specifically officer control entirely control indirection action state judicial proceedings courts involving constitutional validity statutes heretofore held done result purposes practically obliterate amendment place vital particulars absolutely control subordinate federal courts capable directly sued put matter way forbid attorney general state penalty punished contempt representing state suits particular kind courts forbid state appearing heard suits neither words policy amendment former decisions justify order federal necessary effect exclude state courts order attended results submit sustained consistently powers according uniform declarations possess constitution justified heretofore declared saying men framed constitution caused adoption amendment amazed suggestion state union prevented order subordinate federal represented attorney general suit brought one courts order inconsistent dignity involved constitutional immunity judicial process federal courts except limited cases may constitutionally made parties attended pernicious results dissent opinion judgment