William R. Day,
Jett Bros. Distilling Company v…
“ The mere objection to an exercise of authority under a statute, whose validity is not attacked, cannot be made the basis of a writ of error from this court. There must be a substantial challenge of the validity of the statute or authority upon a claim that it is repugnant to the federal Constitution, treaties, or laws, so as to require the state court to decide the question of validity in disposing of the contention. ”
