Opinion · Supreme Court of the United States
Corkran Oil & Development Co. v. Arnaudet
199 U.S. 182
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1905-11-13
- Topic
- litigation
Mr. Chief Justice Fuller, having made the foregoing statement, delivered the opinion of the. court. In the progress of the case in the trial court no Federal *193 question as such was specifically raised, but when it reached the 'Supreme Court it was assigned for error that if article '233 of the constitution of Louisiana of 1898 had the effect of validating the tax sale to Henry Gellert it was in violation of Article 5 of the ^amendments to the Constitution of the United States. Counsel for plaintiff in error admit that this was a misreferenee, but contend that it was corrected by the petition for rehearing filed after judgment, which alleged a violation of the Fourteenth Amendment, but this came too late, unless the petition was entertained and the point passed on. Fullerton v.
Citator
UpLaw has not yet analyzed Corkran Oil & Development Co. v. Arnaudet. The absence of a flag is not a finding that it is good law.
- Cited by
- 15 opinions
As to the jurisdiction of this court.
Both parties claim title under a Federal statute, under which the validity of the titles set up is made to depend upon a correct interpretation of the laws of Louisiana,ergothat interpretation is a Federal question. This necessarily follows from the very language of § 709, Rev. Stat. The right granted to this court, under that section, to reexamine and reverse or affirm a final judgment of the highest court of a State, where any title, right, privilege or immunity is set up under a statute of the United States, and the decision is against such title, right, privilege or immunity, is not confined to a review of the state court's interpretation of the statute under which it was claimed, but extends also to a review of the state court's decision on the validity of the title set up.Smithv.Maryland, 6 Cranch, 286;Martinv.Hunter, 1 Wheat. 359.Mr. Donelson Caffery, Jr., andMr. Gilbert L. Dupre, with whomMr. Donelson Caffery, Mr. J. Sully MartelandMr. P.J.Chappinwere on the brief, for defendants in error:
As to the jurisdiction.Page 191
Before it can be said that any right or title under a statute of the United States has been denied, it is necessary to overcome the judgment of the state court upon a question of local or state law. To do this, the Supreme Court of the United States has no jurisdiction under § 25 of the judiciary act.Poppev.Langford,104 U.S. 770;Johnsonv.Risk,137 U.S. 309;Lyttlev.Arkansas, 22 How. 193;Telluride Power Co. v.R.G. Western R.R.,175 U.S. 639;S.C.,187 U.S. 569;Dibblev.Land Co.,163 U.S. 63.
The question here is not one of the correctness of the state decision brought up by the writ, but of jurisdiction in this court to review the case in the absence of a Federal question. The cases cited by plaintiff in error are not applicable.
The Federal question must be considered as not decided when a question of state law intervenes, and is decisive of the case. To give jurisdiction, the Federal question must be necessary to the judgment or decree complained of.Detroit R.R. v.Guithard,114 U.S. 133;Choteauv.Gibson,111 U.S. 200;Statev.Board of Liquidation,98 U.S. 140;McManusv.O'Sullivan,91 U.S. 578;Murdockv.Memphis, 20 Wall. 590;Adamsv.Burlington R.R.,112 U.S. 127;Chapmanv.Goodwin,123 U.S. 548;Brooksv.Missouri,124 U.S. 400;Water Worksv.Sugar Co.,125 U.S. 29;DeSausurev.Gaillard,127 U.S. 234;Israelv.Arthur,152 U.S. 262;Wailesv.Smith,157 U.S. 276;Halev.Akers,132 U.S. 565;San Franciscov.Strell,133 U.S. 567.Mr. Frederic D. McKenney, Mr. John Spalding FlanneryandMr. James L. Autryalso for defendants in error, submitted on the question of jurisdiction:
Whether the conclusion reached was correct depends entirely upon the proper construction and application of the provisions of the state constitution to the facts found. It does not in anywise depend upon the Constitution or laws or authority of the United States. A writ of error to review suchPage 192a judgment will not lie.Chapmanv.Crane,123 U.S. 540;Wellsv.Goodnow,150 U.S. 84.
Where the decision of the state Supreme Court rests on an independent ground of law, not involving any Federal question, this court has no jurisdiction.Water Works Co. v.Sugar Co.,125 U.S. 18.
The ground of the decision in the state courts was independent of any claim of right under the statute of 1897, and its adjudication involved no Federal question and the writ of error must be dismissed.Eustisv.Bolles,150 U.S. 361;Carothersv.Mayer,164 U.S. 325;Moranv.Horsky,178 U.S. 205.
If the accident that either one or both of the parties to the controversy claimed title under the United States was to be considered as sufficient to bring it within the jurisdiction of this court, then every controversy involving the title to such lands, whether it involved merely the inheritance, partition, devise, or sale of it, would with equal propriety be subject to examination by this court.Morelandv.Page, 20 How. 522;Carpenterv.Williams, 9 Wall. 785;Martinv.Marks,97 U.S. 345.
The mere averment of the existence of a Federal question is not sufficient to give this court jurisdiction; a real and not a fictitious Federal question is essential to give this court jurisdiction over the judgment of state courts, and when it appears that the alleged Federal question upon which jurisdiction is invoked is wholly without foundation the writ of error will be dismissed.Sawyerv.Piper,189 U.S. 154,156,157.
The attempt to assert a Federal question for the first time in a petition for rehearing is too late unless it appears that the court entertained the petition and disposed of the question.Fullertonv.Texas,196 U.S. 192.
The petition for the writ of error from this court and the assignment of errors herein set up Federal questions, but they form no part of the record on which to determine whether a Federal question was decided by the state court.Leeperv.Texas,139 U.S. 462;Chapinv.Fye,179 U.S. 127. And counsel further state "that in so far as the errors assigned are said to have violated the due process of law provision of the Fourteenth Amendment to the Constitution of the United States, they are not pressed."
If it be conceded that plaintiff specially set up and claimed title to the land in controversy under the act of Congress of February 10, 1897, that would not be sufficient to give jurisdiction unless the state courts had decided against such title. But that was not the decision here. What was decided was that the prescribed period having elapsed, article 233 of the Louisiana constitution operated as the equivalent of legal title through the tax deed. The correctness of this conclusion depended on the proper construction and application of the provisions of the state constitution on the facts found, and not on the Constitution or laws of the United States.
The state constitution of 1898 was adopted and went into effect May 12, 1898. La. Const. 1898, p. 88. Article 233 provided:
"No sale of property for taxes shall be set aside for anyPage 194cause, except on proof of dual assessment, or of payment of the taxes for which the property was sold prior to the date of sale, unless the proceeding to annul is instituted . . . within three years from the adoption of this constitution, as to sales already made. . . ." Constitution 1898, p. 61.
The record showed that defendants and their authors had been, since 1882, in quiet, peaceable possession of the property in question under a tax title, the validity of which had not been impeached by any direct proceeding; that more than three years had elapsed before the institution of the present action since the adoption of the constitution (and more than that since the passage of the act of February 10, 1897, and the issue of the patent, November 22, 1897), and that at any time within such three years plaintiff or its authors might have instituted suit against defendants to annul the sale.
And the decision of the state Supreme Court that, in these circumstances, article 233 made good defendants' title rested on a ground independent of the act of 1897, and involved no Federal question.Writ of error dismissed.