Louis Brandeis

“ The advances were not fully repaid, and in 1905 they brought suit against the railroad in a state district court of Kansas. The railroad defended on the ground that since the bills of lading had been delivered in Missouri, the transaction was governed by the Missouri law and that under the law of that state, the railroad was not liable. ”

“ For more than eight years the record contained no suggestion of a federal question, the case having meanwhile been passed upon twice by the Supreme Court of Kansas. Railway Co. v. Hutchings, 78 Kan. 758, 99 Pac. 230 ”