Edward Douglass White

“ Given, therefore, a condition where fundamental rights are equally protected and preserved, it is impossible to say that the rights which are thus protected and preserved have been denied because the state has deemed best to provide for a trial in one forum or another. It is not, under any view, the mere tribunal into which a person is authorized to proceed by a state which determines whether the equal protection of the law has been afforded, but whether in the tribunals which the state has provided equal laws prevail. ”

“ And in further commenting upon the effect of the remedy which the statute afforded upon the substantial rights of the parties, the court observed:
'In neither case, however, is any party deprived of the equal protection of the law, for each is assured of a fair trial, with equal opportunities to establish and enforce his rights; nor is the remedy by due course of law denied, because in the forum to which the cause is removed, the trial is conducted in the same way, under the same mode of procedure, as in that from which it was changed, with all remedial rights of the parties unimpaired. ”

“ The supreme court of Ohio, in disposing of the objection that the statute was repugnant to the equal protection and the due process clauses of the 14th Amendment, among other things, said:
'We are unable to adopt that view. It has never been regarded as essential to the validity of remedial procedure that it should be applicable in all of its provisions to all persons or parties alike. Different situations and conditions often render appropriate and necessary different provisions, the necessity of propriety of which rests largely in the legislative discretion. ”