No. 10, Original.

209 U.S. 123 (1908)

Ex parte YOUNG.

Supreme Court of United States.

Decided March 23, 1908.

Attorney(s) appearing for the Case

Mr. Thomas D. O'Brien, Mr. Herbert S. Hadley1 and Mr. Edward T. Young, with whom Mr. Royal A. Stone, Mr. George T. Simpson and Mr. Charles S. Jelly were on the brief, for petitioner:

Mr. Charles W. Bunn, Mr. Jared How and Mr. J.F. McGee, with whom Mr. Frank B. Kellogg, Mr. Cordenio A. Severance, Mr. Robert E. Olds, Mr. Stiles W. Burr, Mr. Pierce Butler, Mr. William D. Mitchell and Mr. William A. Lancaster were on the briefs, for respondent.

By leave of court, Mr. Walker D. Hines filed a brief herein in behalf of the Southern Railway Company, in support of the contentions of the respondent.

MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.

We recognize and appreciate to the fullest extent the very great importance of this case, not only to the parties now before the court, but also to the great mass of the citizens of this country, all of whom are interested in the practical working of the courts of justice throughout the land, both Federal and state, and in the proper...

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