61 So. 425 | Miss. | 1913
delivered the opinion of the court.
All of the matters presented to us for review hy this record were, either expressly or hy necessary implication, decided adversely to appellee on the former appeal. 97 Miss. 35, 51 South. 918, 53 South. 454, Ann. Cas. 1912C, 1150. It may he that appellee’s right under the act of 1867 were not presented to the court for decision hy the record on the former appeal; hut, he that as it may, this statute was called to the attention of the court in the hriefs of counsel, and was held not to constitute such a contract as would he violated hy the granting of the relief prayed for in the hill. Whether this was dicta or not, the rule announced is correct, and meets with our approval.
Reversed and remanded.
ON SUGGESTION OE ERROR.
Counsel for appellee suggest that in deciding this case we have overlooked two reasons why the judgment of the court helow should he affirmed: First, that “there was no violation of the anti-removal statute (chapter 122, Laws of 1908), as interpreted hy the opinion, because the suit removed was one arising under the Constitution and laws of the United Statesi, and would have been removable hy a domestic corporation;” and, second, “the effect of the decision of the Supreme Court of the United States, in affirming the decree of the United States Circuit. Court perpetually enjoining enforcement of the act of 1908., because violative of the federal Constitution.”
In this counsel are in error; for both of these propositions were given hy us due consideration, and found to he wholly without merit. It is clear, from the argument of counsel in support of their first proposition, that they do not contend that the suit removed was one arising under the Constitution and laws of the United States, hut that one of the two grounds for removal alleged in the petition
With reference to counsel’s second proposition, we will say that the constitutionality of the statute here drawn in question seems not to have been submitted to the Supreme Court of the United States for decision in the case of Railroad Commission v. L. & N. Railroad Company, 225 U. S. 272, 32 Sup. Ct. 756, 56 L. Ed. 1087; the only question which seems to have been submitted to or decided by that court in that case being one of jurisdiction, the uneonstitutionalitv of the statute having been conceded in the court below.
Suggestion of error overruled.