Melville Fuller

“ It is unreasonable to contend that any question was raised directly touching the validity or construction of either of the treaties of Venezuela by plaintiff's statement of claim or by clear and necessary intendment therefrom, and, under the rule laid down in Turck's Case, this writ of error must be dismissed. The jurisdiction of the circuit court depended entirely upon diverse citizenship when the suit was commenced, and to that point of time the inquiry must necessarily be referred. ”

“ By the fifth section of the act of March 3, 1891, appeals or writs of error from the district and circuit courts of the United States to this court were allowed, among other cases, 'in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question' ”