Melville Fuller

“ It is impossible, under these circumstances, to sustain the jurisdiction of the circuit court upon the ground, not that the city had been, but that it might perhaps be, allowed to interpose to defeat the enforcement, by the appropriate means, of payment of an alleged indebtedness, a constitutional provision inapplicable by the ordinary rules of law, and so determined to be by the dehberate decision of the state supreme court. ”

“ In cases originally brought in the circuit court, or by removal from a state court, it is made the duty of the circuit court to dismiss or remand the same whenever it appears that the suit does not really and substantially involve a dispute or controversy properly within its jurisdiction, or that the parties to the suit have been improperly or collusively made or joined either as plaintiffs or defendants for the purpose of creating a case cognizable or removable. ”

“ But it is perfectly clear that the rights of antecedent contract cred tors are protected by the constitution of the United States, and they are entitled to have them enforced 'in all respects as if' this provision of the constitution 'had not been passed.' Von Hoffman v. City, 4 Wall. 535. The fact that the act of the state is a constitutional provision instead of a mere legislative act does not affect the case. ”