Smithsonian Institution v. St. John

Citations

• 214 U.S. 19
• 29 S. Ct. 601
• 53 L. Ed. 892
• 1909 U.S. LEXIS 1890

Syllabus

<p>Quaere: Where a petition to the highest court of the, State for rehearing-asserts that a Federal question had been set up in the brief and arguments is simply denied with the statement that no Federal question had been raised in that court, whether this court has jurisdiction to review the judgment on writ of error.</p> <p>This court cannot decline jurisdiction when it is plain that the fair result of a decision of the state court is to deny a constitutional right. Rogers v. Alabama, 192 U. S. 226.</p> <p>It is as obligatory upon the courts of a State to give the same full force and effect to the constitution of another State as it must give to- its judicial proceedings. Chicago & Alton Railroad v. Wiggins Ferry Co., 119 U. S. 615.</p> <p>The mere construction, even if erroneous, by a state court of the ' statute or, as in this case, of a provision of the constitution of another State does not deny to it the full faith and credit demanded by the Federal Constitution.</p> <p>The decision of the Court of Appeals of New York tha.t a statute of Ohio authorizing the formation of corporations genéral in terms, but applicable to,a special situation, did not contravene the prohibition of the constitution of Ohio against the general assembly passing any special act conferring corporate powers, a-nd that a corporation organized under such a statute could take as legatee, held, not to question the validity of the constitutional provision and, even if erroneous, such decision did not repudiate the obligations of the full faith and credit clause of the Federal -Constitution and is not reviewable by this court under § 709, Rev. Stat.1</p> <p>Writ of error to review 191 N. Y. 254, 192 N. Y. 382, 583, dismissed.</p>