Such decisions, thus referring to "prosecution in good faith", are Beal v. Missouri-Pacific R. Corp., 312 U.S. 45, 49, 61 S.Ct. 418, 85 LEd. 577; Watson v. Buck, 313 U.S. n 61 S.Ct. 962, 85 LEd. 4416, and Douglas I. City of Jeannette, supra. 01 We think a more likely explanation of the use of this phrase