Page:United States Reports, Volume 209.djvu/218

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OCTOBICl T]LM, 1907. alleged to be unconstitutional, but under the authorRy of which, it was sverred, they were committing or were shout to commit m cgc wro or  to the injury of the plaint's ri,hts. There is a wide dfference between a suit aanst individasls, holding official positions under a State, to prevent them, under the sanction of an .unconatitut[on] statute, from committing by some potive act a wrong or trespass, and a suit against offwrs o! a $tatz rndy to tst thz amsvioaal,l el a s,e.stat, in th elorcemem el which  o.s  act o by Iorr iudicial process i the com o! t/m 8/a/. In the present case, as we ].ve sid, neither of the state officers named held any speeisl relation o the particular statute sBeged o be unconstitutional. They were not expressly direet,d to see to its enforcement. If, because they were Iw officers of the State, ,, ease could be made for the purpose of tsting the eonatJtutionality of the statue, by an injunction suit brought sgsust them, then the eonatitu- tiona, lity of every act  by the legislature conid be tted by & suit s4inst the Covernor and Attorney Geners], based upon the theory t],t the former as the exseutive of the State was, in s genersl-sense, eba,ed with the execution of all its lws, s.ud the ltter, s,s Attorney Oeners,], might eprseent th, e State in litigation involving the enforcement of its statutm. T]t would be s very convenient wsy for .obt*inlng s,' speedy judieial determlntion 'of qleston8 of .costJutJonad lw which may be ri by individusl,, but it is s-mode which cannot be sppLied t the .States of the Union eonaisenty with the fundsmental principle tt they esonot, without their assent, be bmdght ino any eou st the suit of privsta persona. If their offirs commit sets of treslms or wrong to the citi- zen, they may be individually proeseded against for such trespasses or wrong. Under the view we take of the question, the citizen is not without effective remedy, when proceeded sssinst under s legislative enactment void for rep-ney to the supreme law of the land; for, w]mtever the form of proeeeding aLust him, he eau rake his defense upon.the