Melville Fuller

“ When a suit does not really and substantially involve a dispute or controversy as to the effect or construction of the Constitution or laws of the United States, upon the determination of which the result depends, it is not a suit arising under the Constitution or laws. ”

“ But it was argued that by virtue of the statute the telegraph company was possessed of a public character and was discharging public duties, and that, although the interest it acquired by its contract was subject to the prior mortgag, it could not be absolutely deprived thereof by foreclosure, but tht the circuit court should have so framed its decree as to preserve the occupancy of the telegraph company, subject to making compensation to the railroad company, the value of the alleged easement to be ascertained by the court. ”

“ Tennessee v. Union & P. Bank, 152 U.S. 454, 38 L. ed. 511, 14 Sup. Ct. Rep. 654. And the 6th and 7th paragraphs of the bill contain all that defendant could have relied on as bringing the case within that category. ”