Henry Billings Brown

“ While there is some force in the argument that the right of review in cases involving the construction of a federal statute should be mutual, the act limits such right to cases where the state court has decided against the title, right, privilege, or immunity set up or claimed under the statute. ”

“ The question thus presented is whether the right or privilege must necessarily be personal to the plaintiff in error, or whether he is not entitled to a review where such right or privilege is asserted by his opponent, and the decision is in favor of such opponent and adverse to himself. ”

“ Now, the only claim made under the federal statute in this case is by the respondent. The difficulty with the position of the relator is that he asserts no right under the statute, but, to establish the alleged alienage of the respondent, relies solely upon the fact that the latter was born abroad. To this respondent replies, admitting his foreign birth, but claiming that the statute makes him a citizen, and the state court has adopted his view. ”