Supreme Court of the United States March 21, 1904, 159 (Barney v. City of New York)

*437

Mr. Chief Justice Fuller,

after making the foregoing! statement, delivered the opinion of the court.

The jurisdiction of the Circuit Court was invoked upon the ground that by the tunnel.construction sought to be^ enjoined, complainant was deprived of his property without due process of law, in violation of the Fourteenth Amendment.