Morrison Waite,
Endowment Benev Association of Kansas v…
“ It is true that in the motion for a new trial the question of the constitutionality of chapter 131 of the Acts of 1885 was presented, but that is not enough, since it is nowhere shown that any provision of the constitution of the United States was relied on. The suggestion in the motion applies as well to the constitution of the state as to that of the United States, and it has long been settled that we have no jurisdiction unless it distinctly appears that a question under the constitution or a law of the United States not only might have been but actually was raised and decided. ”
