Page:United States Reports, Volume 209.djvu/217

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After stating the principles settled in the A//?rs cas? and in other cases this court said: "If these principles be applied in the present case there is no escape from the conclusion that, although the State of Alabama was dismissed as a party de- fendant? this suit against its officers is really one against the State. As a 8tatz can a?t onl? by its offw?rs, an order re?train- proc?i?gz, in execution of the statute of February 9, 1895, is o? which r?train? th? $ta? it*d[, and the ?uil is wns?quontl? as ?nuch ?i?t the 8rate as i! the 8tat? woe named as a pa?l. de}?endant on the ?ord. H the individual ddencLante held poeeeeeioll or were about to t&ke poe?essioll of, or to commit any trespa? upon, any property belonging to or under the �control of the p]?intiffe, in violation of the latter's con?itu- tiona? right?, they could not reset the judicial determination, in a ?uit ?ga/nst them, of the question of the right to such poese?ion by,simply a?erting that they held or were entitled to hold the property in their c?pacity a? office? of the State. In the ca?e euplx?ed, they would be compelled to make good the State's eis?m to the property, and could not shield them- selves ?,ain?t ?it because of their offi�i?l cherseter. T/.nda/ v. We?l?, 167 U.S. 204, 222. No ?ueh e?e i? before us." .?, in the ? c?e: "It is to he obeerved tlmt neither the Attorney General of Alabama nor the Solicitor of the Eleventh Judicial Circuit of the State appear to trove been. �lu?rged by law with any epecial duty in connect[on with the set of Feb- . nmry 9, 1895. In support of the contention that the present suit is not one &g&in?t the State, reference wa? made by'coun- sel to ?everal ca?es, among Which were Po?ndext? v. 114 U.S. 270; A/J?en v. Baltimore & Ohio Railroad, 114 U.S. U.S. 164; Reagan v. Farms'8' Loan & Trust Co., 154 U. 362, 388; Scott v. Donald, 165 U. S. 58, ?ncl 8?nyth -?. A?nez, 169 U.S. 4?6. Upon examinet[on it will be found tl?t the defemtante in each of thee ca?e? were officers of the State, especi,?lly eh? with the execut[on of a ?,te en?tment