CHAPTER IV. THE CIRCUIT COURTS OF APPEAL AND THE SUPREME COURT. SECTION 11. APPELLATE JURISDICTION OF THE SUPREME COURT AND OF THE CIRCUIT COURT OF APPEALS. The Circuit Courts of Appeal have appellate jurisdiction to review, by appeal or writ of error, final decisions of the district or circuit courts in all cases where direct appeal to Supreme Court is not granted, unless otherwise provided by law; and the judgments or decrees of the Circuit Courts of Appeal are final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy, being aliens and citizens of the United States or citizens of different states; also in all cases arising under the patent laws, under the revenue laws, and under the criminal laws, except capital cases and in admiralty cases, excepting that in every such subject within its appellate jurisdiction the Circuit Court of Appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for its proper decision. And thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the Circuit Court of Appeals in such case, or it may require that the whole record and cause may be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the manner as if it had been brought there for review by writ of error or appeal. In any case made final in the Circuit Court of Appeals, the Supreme Court may require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case is if it had been carried by appeal or writ of error to the Supreme Court. Appeals or writs of error may be taken from the district or circuit courts to the proper Circuit Court of Appeals in cases of conviction of an infamous crime not capital. The Circuit Courts of Appeal have the same appellate jurisdiction by writ of error or appeal over the judgments and decrees of the courts of the territories as they have over the judgments and decrees of the district and circuit courts. This provision also applies to the appellate courts of the Indian Territory, which is assigned to the eighth judicial circuit. The Circuit Courts of Appeal also have appellate jurisdiction in various bankruptcy 120 U. S. Stats., 828, Sec. 6, cl. 1. See Dower vs. Richards, 151 U. 26 U. S. Stats., 828, Sec. 6, cl. 2. See Forsyth vs. Hammond, 166 U. S., 506; United States vs. Three Friends, 166 U. S., 1; American Const. Co. vs. Jacksonville, etc., Ry. Co., 148 U. S., 372; Panama Ry. Co. vs. Napier Shipping Co., 166 U. S., 280. 29 U. S. Stats., 492. See Stoke vs. United States, 23 U. S. App., 289; 60 Fed. Rep., 597. 26 U. S. Stats., 830, Sec. 15. See Aztec Mining Co. vs. Ripley, 10 U. S. App., 383; 53 Fed. Rep., 7; Alexander vs. United States, 15 U. S. App., 158; 57 Fed. Rep., 828. 28 U. S. Stats., 698. Prior to 1895 appeals could be taken from all U. S. Courts in Indian Territory directly to circuit courts of appeal. This territory is now merged in the State of Oklahoma. proceedings, and from interlocutory orders relative to injunctions." SECTION 12. APPEALS FROM CIRCUIT COURT OF APPEALS TO SUPREME COURT. In all cases not expressly made final in the Circuit Court of Appeals, there is of right an appeal or writ of error or review of the case by the Supreme Court of the United States, where the matter in controversy shall exceed $1,000 besides costs. But no such appeal shall be taken or writ of error sued out unless within one year from the entry of the order, judgment, or decree sought to be reviewed. SECTION 13. APPEALS DIRECTLY FROM DISTRICT AND CIRCUIT COURTS TO THE SUPREME COURT. Appeals or writs of error may be taken from the district or circuit courts directly to the Supreme Court in the following cases: In any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision. From the final sentences and decrees in prize cases. In cases of conviction of a capital crime. In any case that involves the construction or application of the Constitution of the United States. In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. In any case in • See 30 U. S. Stats., 553, Sec. 24 and 25. 'See 26 U. S. Stats., 828, Sec. 7, as amended, 28 U. S. Stats. 666. Vol. XI.-9. Press and Mfg. Co., 38 U. S. App., 123; 67 Fed. Rep., 809. 26 U. S. Stats., 828, Sec. 6, cl. 3. See McLeed vs. Graven, 47 U. S. App., 573; 79 Fed. Rep., 84; United States vs. Wanameker, 147 U. S., 149; Texas and Pacific Ry. Co. vs. Gentry, 163 U. S., 363; Voorhees vs. Noye Mfg. Co., 151 U. S., 135. which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. In prize cases the direct appeal to the Supreme Court is allowed where the matter in dispute, exclusive of costs, exceeds the sum of $2,000, or where the district judge certified that the adjudication involves a question of general importance.1o SECTION 14. APPEALS FROM TERRITORIAL COURTS TO SUPREME COURT. Appeals and writs of error lie from the Supreme Court of the District of Columbia and from the Supreme Courts of any of the territories of the United States, to the Supreme Court of the United States where the matter in dispute exceeds the sum of $5,000, or where there is involved in the cause the validity of any patent or copyright, or where is drawn in question the validity of any treaty or statute of the United States.11 SECTION 15. APPEALS FROM THE COURT OF CLAIMS TO SUPREME COURT. An appeal to the Supreme Court is allowed on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in Act of March 3, 1891; 26 U S. Stats., 827, Sec. 5; as amended 29 U. S. Stats., 492. See Mason vs. Pewagic Min. Co., 153 U. S., 361; Nashua and L. R. Corp. vs. Boston and Lan. R. Corp., 5 U. S. App., 97; 51 Fed. Rep., 929; Rust vs. United Waterworks Co., 36 I. S. App., 167; American Sugar Ref. Co. vs. Johnson, 13 U. S. App., 681; 60 Fed. Rep., 603; Shepard vs. Adams, 168 U. S., 618; Maynard vs. Hecht, 151 U. S., 324; In Re Lehigh Min. and Mfg. Co., 156 U. S., 322; Vross vs. Burke 146 U. S., 82; Bucklin vs. United States, 159 U. S., 680; Cornell vs. Green, 163 U. S., 75; Cornelas vs. Ruiz, 161 U. S., 502. 10 Rev. Stats., Sec. 695. See The Societe, 9 Cranch, 209; The Amiable Nancy, 3 Wheaton, 546; The Alicia, 7 Wallace, 571. 1123 U. S. Stats., 355. See Lownsdale vs. Parrish, 21 Howard, 290; Potts vs. Chumasero, 92 U. S., 358; Prewster vs. Wakefield, 22 Howard, 118; Gonzales vs. Cunningham, 164 U. S., 612. controversy exceeds $3,000, or where his claim is forfeited to the United States by the judgment of said court.12 SECTION 16. APPEALS FROM STATE COURTS TO THE SUPREME COURT. A final judgment or decree in any suit in the highest court of a State in which a decision in the suit can be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity, or of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity, or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity, specially set apart or claimed by either party under such Constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court upon writ of error. The writ has the same effect as if the judgment or decree complained of had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution or remand the same to the court from which it was removed by the writ.13 "Rev. Stats., Sec. 707. See Ex parte Atocha, 17 Wallace, 439; Ex parte Russell, 13 Wallace, 664; United States vs. Jones, 119 U. S., 477; United States vs. Gleeson, 124 U. S., 255. Rev. Stats., Sec. 708. See Bacon vs. State of Texas, 163 U. S., 207; Choteau vs. Marquents, 12 Peters, 507; Hickie vs. Starke, 1 Peters, 94; New Orleans vs. De Armos, 9 Peters, 224; Carson vs. Dunham, 121 U. S., 421; McKenna vs. Simpson, 129 Ú. S., 506. |