Edward Douglass White

“ The record shows no offer of any defense whatever, by the Louisville & Nashville, which was refused by the courts below. On the contrary, every defense made is shown to have been entertained, fully considered, and to have been ultimately decided. The argument then reduces itself to this: That one who has voluntarily appeared in a cause and actively conducted the defense is to be held to have been denied, by the courts of the state, the right to make a defense which was never presented. ”

“ All its requirements are complied with, provided, in the proceedings which are claimed not to have been due process of law, the person condemned has had sufficient notice and adequate opportunity has been afforded him to defend. ”

“ Accepting, as we do, the interpretation placed by the courts of last resort of Kentucky on the law of that state, the contention of the plaintiff in error is at once demonstrated to be without merit. Besides the conclusiveness of what we have just said, there is another view which is equally decisive. ”