“ On April 6, 1901, Starr and Allerton filed, in the circuit court of the United States, their supplemental bill, alleging the foregoing facts, and praying that the order and injunction previously issued upon their original bill be extended to and against the said Frank N. Prout, as attorney general, and that he be enjoined and restrained from further prosecuting the action brought in the name of the state of Nebraska against the railway company. ”

“ The defendants further denied that the state legislation in question violated the provisions of the Constitution of the United States which forbid any state to deprive any person of his property without due process of law, or to deny any person within its jurisdiction the equal protection of the laws, or to pass a law impairing the obligation of a contract, or which interferes with commerce between the states. ”

“ The principal prayers of the bill were that the company, its officers, agents, and employees, should be restrained by injunction from adopting a schedule of rates to be charged for the transportation of freight on its road, according to the terms and provisions of the said act; and that the said board of transportation, and its members and secretaries, should be enjoined from entertaining or determining any complaint, and from instituting or prosecuting any proceeding or action to enforce the observance of the provisions of said act ”

“ Ct. Rep. 504; North Carolina v. Temple, 134 U.S. 22, 33 L. ed. 849, 10 Sup. Ct. Rep. 509; Harkrader v. Wadley, 172 U.S. 148, 43 L. ed. 399, 19 Sup. Ct. Rep. 119; Fitts v. McGhee, 172 U.S. 516, 43 L. ed. 535, 19 Sup. Ct. Rep. ”