Henry Billings Brown

“ The mere fact that the mining company claimed title under a location made by Davidson under the general mining laws of the United States (Rev. Stat. § 2325) , was not in itself sufficient to raise a Federal question, since no dispute arose as to the legality of such location, except so far as it covered ground previously located, or as to the construction of this section. We have repeatedly held that to sustain a writ of error from this court something more must appear than that the parties claim title under an act of Congress. ”

“ To raise a Federal question the right must be one claimed under a particular statute of the United States, the validity, construction, or applicability of which was made the subject of dispute in the state court; and the decision upon such statute must have been adverse to the plaintiff in error. ”

“ Stat. § 2172, he became a citizen by the naturalization of his father. The decision of the court was in his favor, and it was held that the relator had no right to a review of the question in this court, although if the judgment had been adverse to the claim of the respondent there would have been no doubt of his right to a writ of error. ”