James Clark McReynolds

“ The obligations of their contracts are impaired by a law passed after the contracts were made; (2) the impairment of their contracts makes their lands subject to a lien to which they never agreed, and requires of them payment for the use of water not served, hence their property is taken without due process of law; and (3) by reason of the impairment of their contracts they are classified as consumers upon no real distinction of the character of the service, and known as citizens of the United States they are denied the equal protection of the laws. ”

“ Something more than a claim of federal right is necessary; the attack must be upon the validity of the order, not merely upon the court's judgment.
The brief further states that by the application to the Railroad Commission for rehearing, and in the petition to the Supreme Court of California for review, plaintiffs in error set up their federal claims. No citations to the record accompany this statement, as our rules require. Rule 25, 2 (c) . A claim merely presented to the Commission upon application for rehearing would not suffice to give us jurisdiction. ”

“ Other stipulations concerned lateral ditches, etc. Those who held these agreements are referred to as contract customers. Other parties-noncontract customers-were supplied and charged according to number of acres actually irrigated from year to year. ”