 Justice David J. Brewer issued a dissent stating that he believed that due process had been observed and that the majority opinion should have affirmed the lower court rulings rather than dismissing the case . In his opinion , Brewer stated : " [ A ] s I understand the law , this court has jurisdiction to review a judgment of the highest court of a State ousting one from his office and giving it to another , and a right to inquire whether that judgment is right or wrong in respect to any federal question such as due process of law , I think the writ of error should not be dismissed , but that the judgment of the Court of Appeals of Kentucky should be affirmed . " Justice Henry B. Brown concurred with Brewer . 
