“ Corporate agents or individual officers of the state stand in no better position than officers of the general government, and as to them it has often been held that 'the exemption of the United States from judicial process does not protect their officers and agents, civil or military, in time of peace, from being personally liable to an action of tort by a private person whose rights of property they have wrongfully invaded or injured, even by authority of the United States.' Belknap v. ”

“ But a void act is neither a law nor a command. It is a nullity. It confers no authority. It affords no protection. Whoever seeks to enforce unconstitutional statutes, or to justify under them, or to obtain immunity through them, fails in his defense and in his claim of exemption from suit.
Is is said, however, that, in the cases referred to, the officers were held liable to suit because, in the transaction complained of, the statute being unconstitutional, they could not be treated as agents of the state. ”

“ No suit, therefore, can be maintained against a public officer, which seeks to compel him to exercise the state's power of taxation, or to pay out its money in his possession on the state's obligations, or to execute a contract, or to do any affirmative act which affects the state's political or property rights. ”

“ The many claims of immunity from suit have therefore been uniformly denied, where the action was brought for injuries done or threatened by public officers. If they were indeed agents, acting for the state, they-though not exempt from suit-could successfully defend by exhibiting the valid power of attorney or lawful authority under which they acted. ”

“ For how 'can these principles of individual liberty and right be maintained if, when violated, the judicial tribunals are forbidden to visit penalties upon individual offenders . . . whenever they interpose the shield of the state? ”

“ But they must at least make that defense. They cannot rely on freedom from accountability as could a state.
in this case there is no question of corporate existence and no claim that building the dyke was ultra vires. Plaintiff was denied a hearing, not no the ground that his complaint did not set out a cause of action, but solely for the reason that, even if the college did destroy his farm, the court had no jurisdiction over a public agent. ”