Melville Fuller

“ In order to give this court jurisdiction to review the judgment of a state court on the ground that the validity of a statute of, or an authority exercised under, any state, was drawn in question for repugnancy to the Constitution or laws of the United States, and that its validity was sustained, it is enough that a definite issue as to the validity of the statute is distinctly deductible from the record ”

“ And the answer to the question whether, if he were deprived of some part of his real estate, or of the cost of litigation, such deprivation would be deprivation without due process of law, determines the constitutionality of the statute, by which that result was effected.
In my opinion the writ of error was providently issued, and I am authorized to state that Mr. Justice Harlan, Mr. Justice Brewer and Mr. Justice Shiras concur in that conclusion.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ Ct. Rep. 301; Luxton v. North River Bridge Co. 147 U.S. 337. 37 L. ed. 194, 13 Sup. Ct. Rep. 356; McPherson v. Blacker, 146 U.S. 1, 36 L. ed. 869, 13 Sup. Ct. Rep. 3.
Weston v. Charleston was an application to the state court for a writ of prohibition to restrain the levy of a tax under a city ordinance on the ground that it violated the Constitution, and went to judgment in the highest court of South Carolina sustaining the validity of the ordinance.
This court held that the writ of error was properly issued, and Mr. ”