Edward Douglass White

“ The state uses it to punish or prevent wrongs to itself or to the whole people. The state is always the plaintiff, and the only plaintiff, whether the action be brought by the attorney general, or against his consent, on the relation of a private individual, under the permission and direction of the court. It is never the private relator's suit. He is a mere incident. He brings the public injury to the attention of the court, and the court, by virtue of the power granted by the Constitution, commands that the suit be brought by and for the state. ”

“ After further pointing out the distinction between the right of an individual to sue in a trial court to enforce an individual right or redress a wrong, and, if aggrieved, to prosecute error or appeal, and the difference between the exertion on such error or appeal of authority to review, and the extraordinary power exerted when original jurisdiction was invoked, the court came to consider the merits of the petition. ”

“ The attorney general of the state of Wisconsin, by direction of the governor of the state, moves to dismiss on the ground that the state is the real party in interest, because Bolens, the relator, personally, was in the court below the mere agent of the state, devoid of all authority to prosecute this writ of error and thereby to implead the state in this court without its consent. ”