or law of a State is claimed to be in contravention of the Constitution of the United States. (Sec. 5.)

§ 176 Appeals from State Courts.— Nothing in this act shall affect 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. (Sec. 5.)

§ 177. Jurisdiction, what.-The circuit courts of appeals established by this act shall exercise appellate jurisdiction to review, by appeal or by writ of error, final decisions in the district court, and the existing circuit courts in all cases other than those provided for in the preceding 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 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, 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 same manner as if it had been brought there for review by writ of error or appeal. (26 U.S. Stats. 828, sec. 6, cl. 1.)

The circuit court of appeals has jurisdiction to review causes pending in the circuit courts at the time of its creation, although such causes, being for less than $5,000, were not previously reviewable in any court. (Northern Pac. R. Co. v. Amato, Cir. Ct. App., 49 Fed. Rep. 881.) The words "unless otherwise provided by law," employed in section 6 of the statute, were intended to guard against implied repeals, and are not to be construed as referring to prior laws only. (Law Ow Bew v. U. S. 144 U. S., 47.

Certificate for instructions.-Section 6 of the Act of Congress of March 3, 1891, establishing the circuit court of appeals, making its decisions final in certain cases, but providing that the Supreme Court may require any such case to be certified to it for instructions, does not require the appellate court to certify any question for review by the Supreme Court, which identical question had been already decided by the Supreme Court." (Law Ow Bew v. United States, 47 Fed. Rep. 641.

§ 178. Certiorari to Supreme Court.— And excepting also that in any such case as is herein before made final in the circuit court of appeals, 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. (26 U. S. Stats. 828, sec. 6, cl. 2.)

Supreme Court may require case certified up for review. Under section 6 of the Act of Congress of March 3, 1891, establishing the circuit courts of appeals, and making their decisions final in certain cases, but providing that the Supreme Court may require any such case to be certified to it for review, as if taken there on appeal

or writ of error, the exclusion of a Chinese merchant under the Chinese exclusion act, notwithstanding satisfactory evidence of his status as a merchant here, presents a question of such importance as will justify the Supreme Court in requiring the circuit court of appeals to certify the case to it for review. (Law Ow Bew, U. S. Sup. Ct., November term, 1891.)

§ 179. Appeals to Supreme Court.—In all cases not hereinbefore, in this section, made final there shall be 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 one thousand dollars besides costs. But no such appeal 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. (26 U. S. Stats. 828, sec. 6, cl. 3.)

§ 180. Appeal in equity causes.-Where, upon a hearing in equity in a district court, or in an existing circuit court, an injunction shall be granted or continued by an interlocutory order or decree, 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 continuing such injunction to the circuit court of appeals. Provided, that the appeal 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 respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal. (26 U. S. Stats. 828, sec. 7.)

§ 181. Expenses of attending judges. -Any justice or judge, who, in pursuance of the provisions of this act, shall attend 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 to exceed ten dollars per day, and such payments shall be allowed the marshal in the settlement of his accounts with the United States. (26 U. S. Stats. 828, sec. 8.)

pay

§ 182. Court rooms and officers.- The marshals of the several districts in which said circuit court of appeals may be held shall, under the direction of the attorney-general of the United States, with his approval, provide such rooms in the public buildings of the United States as may be necessary, and all incidental expenses of said court, including criers, bailiffs, and messengers. Provided, however, in case proper rooms can be provided in such buildings, then the said marshals, with the approval of the attorney-general of the United States, may, from time to time, leave such rooms as may be necessary for such courts. That the marshals, criers, clerks, bailiffs and messengers shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit courts. (26 U. S. Stats. 829, sec. 9.

§ 183. Remanding causes. -Whenever on appeal or writ of error or otherwise, a case coming directly from the district court or existing

circuit court shall be reviewed and determined in the Supreme Court, the cause shall be remanded to the proper district or circuit court for further proceedings, to be taken in pursuance of such determination. And whenever on appeal or writ of error or otherwise, a case coming from a circuit court of appeals shall be reviewed and determined in the Supreme Court, the cause shall be remanded by the Supreme Court to the proper district or circuit court for further proceedings in pursuance of such determination. Whenever on appeal or writ of error or otherwise a case coming from a district or circuit court shall be reviewed and determined in the circuit court of appeals in a case in which the decision in the circuit court of appeals is final, such cause shall be remanded to the said district or circuit court for further proceedings to be there taken in pursuance of such determination. (26 U. S. Stats. 829, sec. 10.)

§ 184. Appeals, when taken.-No appeal or writ or error by which any order, judgment or decree may be reviewed in the circuit courts of appeals under the provisions of this act shall be taken or sued out except within six months after the entry of the order, judgment, or decree sought to be reviewed. Provided, however, that in all cases in which a lesser time is now by law limited for appeals or writs of error, such limits of time shall apply to appeals or writs of error in such cases taken to or sued out from the circuit courts of appeals. And all provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate