James Clark McReynolds

“ The original action was based upon a state statute; the answer did not set up or rely upon the Federal act; the trial court's attention was not called thereto; and although urged to hold liability depended upon it, the supreme court declined to pass upon that point because not presented to the trial court. This ruling seems in entire accord with both state statutes and established practice. Mo. Rev. Stat. 1909, § 2081; St. Louis Nat. ”

“ Spies v. Illinois, 123 U.S. 131, 181, 31 L. ed. 80, 91, 8 Sup. Ct. Rep. 21, 22; Miller v. Texas, 153 U.S. 535, 538, 38 L. ed. 812, 813, 14 Sup. Ct. Rep. 874; Morrison v. Watson, 154 U.S. 111, 115, 38 L. ed. 927, 929, 14 Sup. Ct. Rep. ”