James Clark McReynolds

“ Obviously, also, the amendment relied upon has no application unless there is 'a plain, speedy and efficient remedy' in the state courts. And we cannot conclude that such remedy exists where, as here, a state statute definitely denying it has not been authoritatively condemned. In the circumstances it is impossible to know what position the courts of the State would take. A 'plain, speedy, and efficient remedy' cannot be predicated upon the problematical outcome of future consideration. ”

“ While the inhibition has not been definitely sustained by the Supreme Court of the State against an attack based upon unconstitutionality, it was recognized without suggestion of disapproval in Billings Utility Co. ”

“ That court, three judges sitting, granted motions to dismiss for lack of jurisdiction. These direct appeals question its action.
Prior to May 14, 1934, paragraph (1) , § 24, Judicial Code, as amended (U.S.C.A. tit. 28, § 41 (1) , provided:
'The district courts shall have original jurisdiction as follows:
' (1) Of all suits of a civil nature, at common law or in equity, brought by the United States, or by any officer thereof authorized by law to sue, or between citizens of the same State claiming lands under grants from different States ”