Rufus Wheeler Peckham

“ No such fundamental rights were involved in the proceedings before the governor. In its internal administration the state (so far as concerns the federal government) has entire freedom of choice as to the creation of an office for purely state purposes, and of the terms upon which it shall be held by the person filling the office. And in such matters the decision of the state court that the procedure by which an officer has been suspended or removed from office was regular, and was under a constitutional and valid statute, must generally be conclusive in this court. ”

“ Plaintiff in error claims that by virtue of the allowance of the writ of error and the filing of the supersedeas bond the relator was precluded from taking any step under the judgment of the state court which ousted the plaintiff in error, and adjudged the right to the office to be in the relator. It is argued that the filing of a proper bond operates as a supersedeas of the judgment in an action in the nature of a quo warranto, as well as in any other action. ”

“ Louisiana, supra, the statute provided for a hearing without a jury, and this court held it was not objectionable for that reason.
Upon the case made by the plaintiff in error, the federal question which he attempts to raise is so unfounded in substance that we are justified in saying that it does not really exist; that there is no fair color for claiming that his rights under the federal constitution have been violated, either by depriving him of his property without due process of law or by denying him the equal protection of the laws. ”