fox film corporation muller argued decided december charles hughes washington percy heiliger new york city james shearer minneapolis petitioner abram myers washington respondent justice sutherland delivered opinion action brought minnesota state first instance film corporation muller recover damages alleged breach two contracts muller licensed exhibit certain moving picture films belonging corporation muller answered setting invalidity contracts sherman act usca note agreed contracts substantially one involved paramount famous lasky corporation et al affirmed petitioner one defendants action clause paragraph contracts sued upon held case invalid view disposition make writ necessary set forth terms arbitration clause provisions contract first instance held contract sued upon violated sherman act dismissed action supplemental opinion put decision upon grounds first arbitration plan connected remainder contract entire contract tainted second tract violates sherman law state affirmed granted certiorari case called argument appeared final judgment entered writ dismissed improvidently granted case remanded state judgment made final affirmed state authority previous opinion allowed present writ opinion state statement case said page question presented appeal whether arbitration clause severable contract leaving remainder contract enforceable severable permeating tainting whole contract illegality making void proceeded refer discuss number decisions state federal courts took view arbitration clause severable others severable remainder contract reviewing opinion decree federal district paramount case lower reached conclusion holding federal entire contract illegal upon view upon conceived weight authority held arbitration plan inseparable provisions contract whether conclusion right wrong need determine enough least without fair support respondent contends question severability alone decided federal question determined lower contention petitioner challenges asserts federal question involved decided attempt settle pute assuming present purposes petitioner view correct one case controlled settled rule judgment state rests upon two grounds one federal nonfederal character jurisdiction fails nonfederal ground independent federal ground adequate support judgment rule become firmly fixed least early klinger state missouri wall reiterated long line cases since time enough cite addition klinger case following enterprise irr dist farmers mut canal petrie nampa irr mccoy shaw eustis bolles whether provisions contract nonseverable one held invalid others must fall clearly question general federal law invalidity arbitration clause present contracts embody conceded held invalid federal district paramount case judgment affirmed question therefore foreclosed subject controversy state courts situation primary question determined whether concededly invalid clause separable provisions contract ruling state sufficient conclude case without regard determination fact made respect federal question follows nonfederal ground adequate sustain judgment rule announced enterprise irr dist farmers mut canal co supra cases effect jurisdiction attaches nonfederal ground interwoven independent matter apply construction put upon contracts constitute preliminary step simply effect bringing forward determination federal question decision automatically took federal question case otherwise nonfederal question respect construction contracts federal question respect validity act clearly independent one another see allen southern pacific railroad case effect disposed federal question said involved reached chouteau gibson chapman goodnow decision question became unnecessary whether decided want jurisdiction clear writ dismissed want jurisdiction chief justice took part consideration decision case