Joseph McKenna

“ It is alleged that appellants were advised by their attorney that the proper course for them to pursue would be to label their 'Westmoreland' and 'Triumph' brands of syrups as nearly as possible in accordance with the laws of Michigan, and in compliance with that opinion they devised labels which described the 'Westmoreland' as a brand of pure maple syrup and pure rockcandy syrup, and the 'Triumph' as a 'delicious brand' of the same syrups. ”

“ We would have no jurisdiction on this appeal unless the jurisdiction of the circuit court was in question as a Federal court; and whether the bill presented a case for equitable relief does not present a question of the jurisdiction of the court as a court of the United States. Blythe v. Hinckley, 173 U.S. 501, 43 L. ed. 783, 19 Sup. Ct. Rep. 497; Illinois C. R. Co. v. Adams, 180 U.S. 28, 35, 45 L. ed. 410, 412, 21 Sup. Ct. Rep. 251. Indeed, it is urged by appellants that whether a suit is one against a state is not a question of jurisdiction, but a question on the merits ”

“ The bill sought an injunction against certain acts of the appellee, who is the dairy and food commissioner of the state of Michigan, and who, it is alleged, under cover of his office, is injuriously affecting the reputation and sale of certain products manufactured by appellants. The acts complained of will be detailed more fully hereafter. It is enough to say preliminarily that appellants alleged in their bill that their business is the manufacturing, refining, and selling various food products, and more particularly manufacturing, blending, and selling of syrups used for food products ”