MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.
The contention of the plaintiff in error is that the proceeding instituted against it in the Supreme Court of Iowa was an action for mandamus, and that no such action could lawfully be brought to compel it to operate the leased portion of its road until its legal duty to do so had been previously determined by the verdict of a jury. There was no assertion that the court below had no jurisdiction over the subject-matter. Nowhere in the answer or in the amendments to the answer filed on behalf of the company was it claimed that the proceeding was violative of the Constitution of the United States, or assailed any right, title, privilege, or immunity specially set up or claimed under that Constitution. Indeed, there was no mention of any right thereunder until the filing of a brief for defendant entitled "Defendant's Resistance and Objection to Plaintiff's Motion to Enter Order Prayed for in the Petition," in the ninth paragraph whereof it was claimed that it would be a violation of the Fourteenth Amendment of the Constitution of the United States to grant the order prayed for upon the motion in question. It is apparent that this defence merely asserted that the rights of the corporation as a
As said by this court, speaking through Mr. Chief Justice Fuller, in Leeper v. Texas, 139 U.S. 462, 468: "Law in its regular course of administration through courts of justice is due process, and when secured by the law of the State the constitutional requirement is satisfied." There was a "regular course of administration" in the case at bar, as that term was employed in the case cited.
It is manifest that it was never contemplated by the framers of the Constitution that this court should sit in review, as an
It was not a denial of a right protected by the Constitution of the United States to refuse a jury trial, even though it were clearly erroneous to construe the laws of the State as justifying the refusal. Brooks v. Missouri, 124 U.S. 394; Spies v. Illinois, 123 U.S. 131, 166.
Writ of error dismissed for want of jurisdiction.