Morrison Waite

“ The ground of federal jurisdiction, relied on in the brief of counsel for the county, is 'that, by the issuance of the bonds demanded in this proceeding, the state would deprive the tax-payers of the county of Santa Cruz of property without due process of law, contrary to the right, privilege, or immunity secured by the first section of the fourteenth amendment of the constitution of the United States.' That was not the question presented to, or decided by, the state court. ”