Melville Fuller

“ But the privileges and immunities of citizens of the United States protected by the fourteenth amendment are privileges and immunities arising out of the nature and essential character of the federal government, and granted or secured by the constitution; and due process of law and the equal protection of the laws are secured if the laws operate on all alike, and do not subject the individual to an arbitrary exercise of the powers of government ”

“ Doubtless the particular division would direct, of its own motion, the transfer of cases involving a federal question without a hearing in the first instance, as was also allowed by the amendment, but to justify transfer, whether before or after judgment, the question must be involved in the sense of arising for decision. ”

“ The judgment brought up by the writ in this case is the judgment of the supreme court of Missouri, entered by division No. 2, and it is obvious that the validity of the constitutional amendment was not drawn in question in the cause on the ground of repugnancy to the constitution of the United States, and its validity sustained by that decision; but the question of validity arises, if at all, in connection with the claim that a right, title, privilege, or immunity under the constitution of the United States was specially set up by plaintiff in error, and denied. ”