MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.
The decision in this case by the Circuit Court of Appeals is reported in 138 Fed. Rep. 327, in which will be found a statement of the material portions of the evidence taken at the hearing before the trial court. It is unnecessary to repeat it.
The first objection raised by the appellant is, that this suit is, in substance, one against a State. The commission was...
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