David Josiah Brewer

“ A case may arise in which it is apparent that a Federal question is sought to be avoided or is avoided by giving an unreasonable construction to pleadings, but that is not this case. Even if it be conceded that the conclusion of the supreme court of the state is not free from doubt, there is nothing to justify a suspicion that there was any intent to avoid the Federal questions. ”

“ The demurrer to the writ raised the question whether the action was not founded alone upon the contract created by the franchise, and asserted that the duties of a corporation, springing wholly out of contract, cannot be enforced by writs of mandamus; also whether the plaintiff could not of itself have constructed the crossing, and brought an action for the cost thereof and the penalty, as provided in the ordinance, and thereby secured adequate redress without resorting to the extraordinary remedy of mandamus. ”

“ It said in reference to the matter:
'The manifest theory of the pleader was to show that a reasonable and bona fide controversy existed as to the validity of the proceedings for the establishment of Elmira street by the board of trustees of the town of Myler, as an inducement to and consideration for entering into the compromise agreement pleaded, and that said contract having been legally executed and not rescinded, the railway company was thereby absolved from the duty declared upon, to construct and maintain a grade crossing at the point in controversy. ”