James Clark McReynolds

“ Provided, That each and every person, firm or corporation, presenting a claim or claims to said Commission, shall have the right to appeal to the supreme court, as in cases at law.'
By act of February 23d, 1910, findings of the State Dispensary Commission were declared to be final; any sum ascertained to be due the state was required to be deducted from whatever a county dispensary might own such debtor; and authority was given the Commission to command any county dispensary so indebted to turn over to it an equivalent amount of money. ”

“ We conclude, therefore, that in so far as the act of 1910 attempts to confer upon the Commission power to pass final judgment upon the claim of the state against the plaintiff, it is unconstitutional, null, and void. And, as the lien which the act attempts to create is based upon the unauthorized act of the Commission, it is likewise null and void.'
Defendants were accordingly enjoined from asserting a lien upon the company's property, and the notice filed in Richland county was directed to be canceled; but the Commission's power to remove funds from county dispensaries was upheld. ”

“ This writ brings up a judgment rendered by the circuit court of appeals, fourth circuit, affirming the same final judgment of the district court considered in No. 205, supra. 124 C. C. A. 423, 206 Fed. 635. There is no allegation of diverse citizenship, and the trial court's jurisdiction was invoked solely upon the ground that the controversy involved application of the Federal Constitution. ”