Melville Fuller

“ If a party to an action in a state court intends to invoke for the protection of his rights the Constitution of the United States, or some treaty, statute, commission, or authority of the United States, he must so declare. In this case plaintiff, after judgment, excepted to the denial of his motion for a new trial on the ground, among others, that the statute in question was in violation of the 5th and 7th Amendments to the Constitution, and repeated that contention in the assignment of errors in the supreme court, adding also that the statute was inconsistent with the ordinance of 1787. ”

“ Rep. 639; Miller v. Cornwall R. Co. 168 U.S. 131, 42 L. ed. 409, 18 Sup. Ct. Rep. 34; Dewey v. Des Moines, 173 U.S. 198, 43 L. ed. 666, 19 Sup. Ct. Rep. 379; Keokuk & H. Bridge Co. v. Illinois, 175 U.S. 633, 44 L. ed. 302, 20 Sup. Ct. Rep. 205. ”