by John Marshall Harlan

“ So, if the highest court of the state, by its final judgment, sustains the validity of a state enactment drawn in question there as repugnant to the Constitution, treaties, or laws of the United States, or denies a right, privilege, or immunity specially set up or claimed in that court for the first time under the Constitution or any treaty, statute, or authority exercised under the United States, this court could review that judgment, although no Federal question was distinctly raised or insisted upon in the trial court. ”

“ Rep. 1086; Western U. Teleg. Co. v. James, 162 U.S. 650, 40 L. ed. 1105, 16 Sup. Ct. Rep. 934; Lake Shore & M. S. R. Co. v. Ohio, 173 U.S. 285, 43 L. ed. 702, 19 Sup. Ct. Rep. 465. In Wabash, St. L. & P. R. Co. ”