supreme court upon a writ of error. The writ shall have 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.

Amendment of 1904.

It shall be competent for the supreme court to 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 as if it had been carried by appeal or writ of error to the supreme court, although the decision in such case may have been in favor of the validity of the treaty or statute or authority exercised under the United States or may have been against the validity of the state statute or authority claimed to be repugnant to the Constitution, treaties, or laws of the United States, or in favor of the title, right, privilege, or immunity claimed under the Constitution, treaty, statute, commission, or authority of the United States.

R. S. § 709, 4 Fed. St. Ann. 467. Act of Dec. 23, 1914 (38 Stat. L. 790, Supp. (1916) Fed. St. Ann. 135).

For text of the act of Sept. 6, 1916, see the Text, ante, § 71.

§ 238. Appeals and writs of error may be taken from the district courts, including the United States District Court for Hawaii and the United States District Court for Porto Rico, direct to the supreme court in the following cases: In any case in which the jurisdiction of the court is in issue, in which case 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 causes; 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; and 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.

Act of Jan. 28, 1915 (38 Stat. L. 804, Supp. (1916) Fed St. Ann. 136). See Act of March 3, 1891, c. 517, § 5, 26 Stat. L. 827, 4 Fed. St. Ann. 398.

§ 239. In any case within its appellate jurisdiction, as defined in section one hundred and twenty-eight, 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 be sent up to it for its consideration, and thereupon 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.

This section is based upon a portion of § 6 of the Act of 1891 establishing the Circuit Courts of Appeals, 26 Stat. L. 828, 4 Fed. St. Ann. 409.

§ 240. In any case, civil or criminal, in which the judgment or decree of the circuit court of appeals is made final by the provisions of this title it shall be competent for the supreme court to require, by certiorari or otherwise, upon the petition of any party thereto, any such case to be 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.

Based upon a portion of § 6 of the Act of 1891, 26 Stat. L. 828, 4 Fed. St. Ann. 409.

§ 241. In any case in which the judgment or decree of the circuit court of appeals is not made final by the provi

sions of this title, there shall be of right an appeal or writ of error to the Supreme Court of the United States where the matter in controversy shall exceed one thousand dollars, besides costs.

Based upon a portion of § 6 of the Act of 1891, 26 Stat. L. 828, 4 Fed. St. Ann. 409.

§ 242. An appeal to the supreme court shall be 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 controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court as provided in section one hundred and seventy-two.

See R. S. §707, 4 Fed. St. Ann. 467.

§ 243. All appeals from the court of claims shall be taken within ninety days after the judgment is rendered, and shall be allowed under such regulations as the supreme court may direct.

R. S. § 708, 4 Fed. St. Ann. 467.

§ 244. Writs of error and appeals from the final judgments and decrees of the supreme court of, and the United States District Court for, Porto Rico, may be taken and prosecuted to the Supreme Court of the United States, in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, or wherein the Constitution of the United States, or a treaty thereof, or an act of Congress is brought in question and the right claimed thereunder is denied, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or value of five thousand dollars. Such writs of error and appeals

shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken to the Supreme Court of the United States from the district courts.

See Act of April 12, 1900, c. 191, § 35, 31 Stat. L. 84, 5 Fed. St. Ann. 773. Repealed by Act of Jan. 28, 1915 (38 Stat. L. 804, Supp. (1916) Fed. St. Ann. 137).

§ 245. Writs of error and appeals from the final judg ments and decrees of the supreme courts of the territories of Arizona and New Mexico may be taken and prosecuted to the Supreme Court of the United States in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or value of five thousand dollars.

See R. S. § 1909, 7 Fed. St. Ann. 231.

§ 246. Writs of error and appeals from the final judgments and decrees of the Supreme Court of the territory of Hawaii and of the Supreme Court of Porto Rico may be taken and prosecuted to the Supreme Court of the United States, within the same time, in the same manner, under the same regulations, and in the same classes of cases, in which writs of error and appeals from the final judgments and decrees of the highest court of a state in which a decision in the suit could be had, may be taken and prosecuted to the Supreme Court of the United States under the provisions of section two hundred and thirtyseven; and in all other cases, civil or criminal, in the Supreme Court of the territory of Hawaii or the Supreme Court of Porto Rico, it shall be competent for the Supreme Court of the United States to require by certi

orari, upon the petition of any party thereto, that the case be certified to it, after final judgment or decree, for review and determination, with the same power and authority as if taken to that court by appeal or writ of error; but certiorari shall not be allowed in any such case unless the petition therefor is presented to the Supreme Court of the United States within six months from the date of such judgment or decree.

Writs of error and appeals from the final judgments and decrees of the Supreme Courts of the territory of Hawaii and of Porto Rico, wherein the amount involved, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the value of $5,000, may be taken and prosecuted in the circuit courts of appeals.

See Act of March 3, 1905, c. 1465, § 3, 33 Stat. L. 1035, 10 Fed. St. Ann. 92. Act of Jan. 28, 1915 (38 Stat. L. 804, Supp. (1916) Fed. St. Ann. 136).

§ 247. Appeals and writs of error may be taken and prosecuted from final judgments and decrees of the district court for the district of Alaska or for any division thereof, direct to the Supreme Court of the United States, in the following cases: In prize cases; and in all cases which involve the construction or application of the Constitution of the United States, or 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, or in which the constitution or law of a state is claimed to be in contravention of the Constitution of the United States. Such writs of error and appeal shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the district courts to the supreme court.

See Alaska Code of Civil Procedure, § 504, 31 Stat. L. 414, 1 Fed. St. Ann. 147.