Edward Terry Sanford

“ It is settled law that a judgment of a state court which is put upon a nonfederal ground, independent of the federal question involved and broad enough to sustain the judgment, cannot be reviewed by this court, unless the nonfederal ground is so plainly unfounded that it may be regarded as essentially arbitrary or a mere device to prevent the review of a decision upon the federal question. ”

“ Here the nonfederal ground upon which the Oklahoma court based its decision-namely that under the Oklahoma statutes the petitioner had a plain, adequate and exclusive remedy at law-was based on its earlier decision in Black v. ”

“ Thomas, 207 U.S. 93, 99, 28 S.C.t. 30 (52 L. Ed. 118) ; Vandalia Railroad v. State of Indiana, 207 U.S. 359, 367, 28 S.C.t. 130 (52 L. Ed. 246) ; Enterprise Irrig. Dist. v. Canal Co., 243 U.S. 157, 164, 37 S.C.t. 318 (61 L. Ed. 644) ”