Louis Brandeis

“ But an application was then made for leave to file a second petition for rehearing; and in it proponents set up, among others, the claim that because Bruner was full-blood Creek Indian 'the execution of said will and the legal effect thereof and the necessity or nonnecessity of the probation of said will is thereby involved in this cause and presents federal questions.' We need not, however, consider this contention. For since the Supreme Court rested its judgment upon a nonfederal ground adequate to support it, the existence of a federal question is of no significance. ”

“ Cuyahoga Power Co. v. Northern Realty Co., 244 U.S. 300, 37 Sup. Ct. 643, 61 L. Ed. 1153. And, besides, the attempt to raise it comes too late. St. Louis & San Francisco R. Co. v. Shepherd, 240 U.S. 240, 36 Sup. ”