“ As the supreme court of the state did not pass upon the merits of the case or upon the correctness of any of the rulings below, but, on the contrary, held that it was powerless to do so because its appellate jurisdiction was not invoked in accordance with the laws of the state, we do not perceive any theory upon which its judgment of dismissal may be reviewed by us consistently with the familiar limitations upon our authority. ”

“ The state Constitution provided (art. 7, § 8) that the appellate jurisdiction of the supreme court should be invoked in the manner prescribed by the laws of the territory of Oklahoma, until the state legislature should provide otherwise, and also (art. 25, § 2) that the laws of the territory of Oklahoma, not repugnant to the state Constitution or locally inapplicable, should be extended over the new state, which embraced the Indian territory as well as the territory of Oklahoma. ”