Melville Fuller

“ When, however, the original jurisdiction of a circuit court of the United States is invoked upon the sole ground that the determination of the suit depends upon some question of a federal nature, it must appear, at the outset, from the declaration or the bill of the party suing, that the suit is of that character; in other words, it must appear in that class of cases that the suit was one of which the circuit court, at the time its jurisdiction is invoked, could properly take cognizance. ”

“ The proposition that the right given by section 2322 of the Revised Statutes to the holder of the apex to follow his vein on its dip outside of the side lines of his claim is merely a right against an adjoining claimant holding under a junior patent or certificate was afterwards advanced in certain instructions requested by defendant and refused. ”

“ Justice Harlan, by whom that opinion was delivered, 'that a suit may be said to arise under the constitution or laws of the United States, within the meaning of that act, (18 Stat. 470. c. 137,) even where the federal question upon which it depends is raised, for the first time in the suit, by the answer or plea of the defendant. ”