Melville Fuller

“ And the disposition of the motion that oral argument be permitted after the petition for rehearing was denied, did not, in itself, necessarily involve the decision of a federal question. We cannot, under such circumstances, re-examine the judgment and orders of that court, and the writ of error must be dismissed. ”

“ No title, right, privilege, or immunity under the constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, was specially set up or claimed under such constitution, treaty, statute, commission, or authority, and no decision was rendered against such title, right, privilege, or immunity. The supreme court of the state confessedly went to judgment without any suggestion that a federal question was presented for its determination, and not even in the petition for rehearing was any such question brought to the attention of the court. ”

“ The constitutionality of the legislative act providing for a supreme court commission is not necessarily in volved upon the petition for a rehearing of a cause which had been referred to the commission in pursuance of said act. (2) Courts ordinarily decline to determine the constitutionality of legislative enactments in a case where the record presents some other and clear ground upon which the judgment may rest. (3) The supreme court alone can promulgate opinions and render judgments, and its duty is not discharged by the adoption pro forma of the conclusions of the supreme court commission. ”