James Clark McReynolds

“ The federal courts have no power per se to review and annual acts of state Legislatures upon the ground that they conflict with the federal or state Constitutions. 'That question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act.'
The decree below is affirmed. ”

“ These statutes further provides for reimbursing purchasers of fuel not used for operating vehicles upon public highways.
Appellants, along with thousands of other citizens and taxpayers of California, operate motor vehicles along the highways. They have procured and must hereafter procedure the necessary fuel from licensed distributors at prices enhanced by the amount of the three-cent tax. ”