William R. Day

“ The statute specifically charges the prosecuting attorneys with the duty of bringing actions to recover the penalties. It is averred in the bill, and admitted by the demurrer, that they threatened and were about to commence proceedings for that purpose. The unconstitutionality of the act is averred, and relief is sought against its enforcement. ”

“ Since the decision in the circuit court, this court has decided the case of Ex parte Young, 209 U.S. 123, 52 L. ed. 714, 13 L.R.A. (N.S.) 932, 28 Sup. Ct. Rep. 441. In that case the previous cases in this court concerning the application of the 11th Amendment of the Constitution were fully considered, and it was then said by Mr. ”