or not the judgment of the court of appeals is made final. Comparatively few cases are deemed of sufficient importance by the Supreme Court to warrant it in requiring a case to be certified. Cases of paramount importance and those in which there is a conflict of decision in the various courts of appeals on the same question, will generally be required to be sent up.

56. Certifying questions to the Supreme Court. -In any case within its appellate jurisdiction the court of appeals may certify any particular question or proposition of law concerning which, it desires instruction for its proper decision. The Supreme Court may either decide the questions or propositions so certified, or it may require the whole case be sent up, and may then decide the whole matter, as if reviewed by error or appeal.75 Questions of importance and gravity only should be so certified.76 Only questions of law, unmixed with questions of fact, can be so certified."

57. Appeals from the court of claims.-All judgments of the court of claims adverse to the United States may be appealed to the Supreme Court within ninety days after judgment. The plaintiff also may so appeal from a judgment against him, where the amount in dispute exceeds $3,000; also where his claim is forfeited to the United States by the judgment of the court of claims for the reason that plaintiff had corruptly practiced or attempted to prac

74 McClellan v. Carland, 217 U. S. 268, 30 Sup. Ct. 501, 54 L. Ed. 762. 75 Judicial Code, § 239.

76 Forsyth v. Hammond, 166 U. S. 506, 17 Sup. Ct. 665, 41 L. Ed. 1095. 77 Cross v. Evans, 167 U. S. 60, 17 Sup. Ct. 733, 42 L. Ed. 77.

78

tice a fraud against the United States, in the proof, statement, establishment, or allowance of the claim." Where the United States appeals from a judgment against it for $3,000 or more, the claimant the claimant may also appeal in order to avail himself of anything in the case properly showing that the judgment was not for too large a sum.79 The court of claims has no authority to render a pro forma judgment against the United States, so that the question may be reviewed on appeal for the reason that the question is novel and will affect a large class.

58. Review over Porto Rico courts.-The Supreme Court may review on appeal or error final judgments and decrees of the supreme and federal courts of Porto Rico in all cases where federal questions are involved, also copyright cases, without regard to value. All other cases may be so reviewed where the matter in dispute exceeds $5,000. The appeal or writ of error may be taken out within two years after final judgment.81

59. Review over supreme and district courts of Hawaii Territory.-A direct appeal or writ of error may be taken from the federal district court of Hawaii in cases of jurisdiction, constitutionality, treaty, or prize, in the same manner and to the same extent as in case of direct review from other district courts.82 Cases involving federal questions decided by the supreme court of Hawaii, without regard to

78 Judicial Code, §§ 242, 243.

79 United States v. Mosby, 133 U. S. 273, 10 Sup. Ct. 327, 33 L. Ed. 625. 80 United States v. Gleeson, 124 U. S. 255, 8 Sup. Ct. 502, 31 L. Ed. 421. 81 Judicial Code, § 244.

82 Judicial Code, § 238.

the amount in dispute, may be taken to the Supreme Court in the same manner and under the same regulations as cases from the highest court of a state.83 In other cases a review is given where the amount involved, exclusive of costs, exceeds $5,000.84

60. Review over courts of Alaska Territory.— From the federal district court of Alaska or any of its divisions an appeal or writ of error may be taken directly to the Supreme Court in prize cases and cases involving the construction or application of the Constitution, or where the constitutionality of any federal law or the validity of construction of any treaty is involved, or where the constitution or law of a state is claimed to be in contravention of the Constitution.85 By the Alaska code of 1900s the district court is given general jurisdiction to the same extent as state courts, and also the jurisdiction exercised by the federal district courts. This court was created not under the constitutional grant of authority to create inferior federal courts, but under that provision giving Congress control of property in the territories of the United States.

Review where a territory becomes state. Being admitted to statehood does not in any way interfere with the time or manner of taking out a writ of error or appeal from the court of any territory which might be reviewed by the Supreme Court if such change had not occurred.87

83 Judicial Code, §§ 128, 246; § 4.

84 Judicial Code, § 246.

85 Judicial Code, § 247.

86 31 Stats. at Large, p. 322.

87 Judicial Code, § 249.

61. Review over District of Columbia courts.The court of appeals of the District of Columbia for the purpose of review of its judgments by the Supreme Court occupies substantially the double position of a federal district court and a federal circuit court of appeals. The same right of appeal or error is given in the case of jurisdictional, prize, constitutional, and treaty questions, as in the case of a district court; its judgment is made final in the same cases as that of the federal court of appeals, and the same review by writ of certiorari from the Supreme Court is also given.88

62. Review of bankruptcy cases.-The right of direct review from the district court as a court of bankruptcy is given in the same cases where a direct appeal or writ of error lies from the district court exercising its general jurisdiction. This includes constitutional, jurisdictional, and treaty questions, if any such arise in any bankruptcy proceeding. A like review is given from any court of bankruptcy not within any organized circuit of the United States, and also from the Supreme Court of the District of Columbia.

Over circuit court of appeals. Any final decision of the court of appeals allowing or rejecting a claim under the bankruptcy laws may be appealed to the Supreme Court (1) where the amount involved exceeds $2,000 and there is a federal question raised which might have been taken on appeal or error from the highest court of the state; (2) where a Supreme Court justice certifies that in his opinion the determination 88 Judicial Code, §§ 250, 251.

of the question involved in the allowance or rejection of the claim is essential to a uniform construction of the bankruptcy laws. The court of appeals may also certify questions and the Supreme Court may issue writs of certiorari, as in other cases.89

63. Review over court of commerce.-Final judgments or decrees of the commerce court may be appealed to the Supreme Court within sixty days after their entry. The appeal is taken in the same manner as appeals from district courts to the Supreme Court, and the original record instead of a copy may be sent up. If the commerce court grants or continues an injunction restraining the enforcement of an order of the interstate commerce commission an appeal may be taken within thirty days.00 The commerce court has been abolished.

64. Review under special statutes.-There is a considerable number of proceedings dependent upon special statutes which give a right of appeal under special conditions to the Supreme Court. For instance, if an injunction is applied for to suspend or restrain the enforcement, operation or execution of a state statute by restraining a state officer, or in the enforcement or execution of an order made by some administrative board or commission of the state, such injunction must be granted or denied by three fed-. eral judges. If such injunction is either granted or denied an appeal may be taken direct to the Supreme Court.91

89 Judicial Code, § 252.

90 Judicial Code, § 210.

91 Judicial Code, § 266, as amended by Act of March 4, 1913, 37 Stats. at Large, p. 1013.