Horace Gray

“ In order to come within this clause, the validity, and not the construction only, of a treaty or statute of the United States, or of an authority exercised under the United States, must be directly drawn in question. ”

“ Neither the question whether the commissioner rightly decided upon the presumptive lawfulness of the right of the state of South Carolina to the trade-mark sought to be registered, nor the question whether the commissioner's duty was of such a character that a writ of mandamus would lie to compel its performance, involved a question of the validity of the authority exercised by him under the United States. ”

“ The validity of a statute is not drawn in question every time rights claimed under such statute are controverted, nor is the validity of an authority every time an act done by such authority is disputed. The validity of a statute or the validity of an authority is drawn in question when the existence or constitutionality or legality of such statute or authority is denied, and the denial forms the subject of direct inquiry.' The court accordingly held that the authority of the accounting officers of the treasury was not thus denied nor the validity of that authority questioned ”