Page:United States Statutes at Large Volume 26.djvu/881

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

828 FIFTY-FIRST CONGRESS. Sess. II. Ch. 517. 1891. commuuomu ques- In any case that involves the construction or application of the "°““· Constitution of the United States. 0c•¤¤¤r¤c1=i¤¤¤t1¤w. In any case in whichthe constitutionality of any law of the United "°°t"°t°' States, or the validity or construction of any treaty made under its authority, is drawn in question. Connictof mm. In any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Appears mm ugh- Nothing in this act shall adect the jurisdiction of the Supreme °“ "*“’ °°“"°‘ Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such cases. ,Jm¥¤¤¤f¢¤¤¤r¤ Sec. 6. That the circuit courts of appeals established by this act ’ ° Pshall exercise appellate jurisdiction to review by appeal or by writ of error final decision in the district court and the existing circuit courts in all cases other than those provided for in the preceding Judgmentsnnal. section of this act, unless otherwise provided by law, and the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite arties to the suit or controversy, being aliens an citizens of the United States or citizens of different States; also in all cases arising under the patentlaws, under the revenue laws, and under the criminal laws and in admiralty cases, excepting that in every such subject , within its appellate jiuisdiction the circuit court of ap eals at any ommem m m- time may certify to the` Supreme Court of the United) States any '°""°"°“‘ questions or propositions of aw concerning which it desires the in- Proceedings m su. struction of t at court for its proper decision. And thereupon the P"°'“° C°“’°· Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit courts of appeals in such case, or it ma require t at the whole record and cause may be sent up to it B-br its consideration, and there upon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. cemm-im to su- And excepting also that in any such case as is hereinbefore made

  • ”°"‘°°°“‘· final in the circuit court of appeals it shall be competent for the

Su reme Court to require, by certiorari or otherwise, any such case to he certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. Appeals me wrlts In a lcases not hereinbefore, in this section, made final there shall °' °"°"·be of right an aptpeal or writ of error or review of the case by the Supreme Court o the United States where the matter in controversy shall exceed one thousand dollars besides costs. But no such appeal umxmaou. shall be taken or writ of error sued out unless within one year after the entry of the order, judgment, or decree sought to be reviewed. Aww in equity Sec. 7. That where, upon a hearingin equity in a district court, ° Ior in an existing circuit court, an injunction shall be granted or continued by an interlocutory order or ecree, in a cause in which an appeal from a final decree may be taken under the provisions of this act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting or continuin such inzmm. junction to the circuit court of appeals: Provided, That Sie a peal To be mm; in w must be taken within thirty days from the entry of such order or """“· decree, and it shall take precedence in the appellate court; and the proceedings in other res ects in the court be ow shall not be stayed unlessl otherwise ordered) by that court during the pendency of such ap ea . _ Expenses of mad. §EC. 8. That any jxustice or (judge, who, in pursuance of the ro-

  • °·‘=1“*’g°*— visions of this act, s all atten the circuit court of appeals held) at

any place other than where he resides shall, upon his written certificate, be paid by the marshal of the district in which the court shall be held his reasonable expenses for travel and attendance, not