Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-03-14

1 ny VIII u tllUi VI UNIV " - 1919 100
district courts shall only he subject u
review In The supreme Court of the
United States or IN the circuit court OF
appeals hereby established, NJ IL herein
after provided, and the review, by APP
peal, by writ of error or otherwise,
from tho existing circuit courts
shall he had only In the Supreme
C0uri Of the Unitcl States or In the
circuit courts ~ appeals hereby cstab.
lished according TO the provisions OF
this act regulating the same.
SIC. .. That appeals or writs OF er-
rOr may be taken from the district
courts or from the existing circuit
courts direct 10 the supreme Court In
the following cascsi
In any case Ia which the Jurisdlc.
ton Of the court IA IN issue; In such
cases the question OF Jurisdiction alone
shall be certified 10 tho Supreme
Court from the court below for decl.
sion.
From the final sentences and DEGREES
In prize causes.
In cases Of conviction Of a capital or
otherwise infamous crime.
In any case that involves tho CON
struction or application OF the Constl.
tuition o. the United States.
In any case ia which tho constltu.
tionality ~ the law OF the United States,
OF the validity OF construction ~ any
treaty made under it, authority, il
drawn In question.
In any case In which the constitution
or law Of State l. claimed 10 bc In
contravention ofthc Constitution Of the
United States.
Nothing In this act shall afiec, the
| Jurisdiction Of the Supreme Court IN
cases appealed from the highest court
Of State, nor the construction Of the
statute providing for review Of such
casrs.
SIC. 0. That the circuit courts Of
appeals established by this act shall ex.
cfcisr appellate jurisdiction 10 review
b. appeal or by writ OF error iinal dc.
ci-ion In the district court aud the
existing circuit courts In all cases other
than those provided for In the preceding
section Of this act, unhs, otherwise
provided by law, and thu Ju igmcnts or
decree. OF tho circuit courts Of appeals
shall be inal In all cases In which the
lurisdiclloh i.dependent entirely upon
tho opposite parties 10 the suit or con.
troversy, being aliens and citizens u
the United States or citizens Of differ.
ont Stnt,~; also Ia all csses arising
under the patent lnws, under the
revenue laws, aud under the criminal
laws and In admiralty cases, excepting
that Ia every such subject within It,
appellate Jurisdiction the circuit cour,
u appeals Ut any tlmo may certify 10
the Supreme Court Of the United i7iniea
any questions or propositions Of law
concerning which II desires tho Ia.
.Fs ar N.H
proper iccison. Aud thereupon the
supreme Court may either give It, In.
stfuctl0u ON the questions aud proposl-
tlsns certified 10 II, which shall 10
binding upon the circuit courts Of mp
peale IN such ease, or II may require
that the whole record aud cause may
Ice sent up TO II for It's confederation,
and thorcupon shall decide the whole
matter IN controversy In the same
manner ns " II had bcen brought there
tor rcviow by writ Of error or appeal.
And OK copiing also that In ANY such
case NJ Is hereinbcforo made final In
the circuit court Of appeals II shall be
competent for the Supreme Court 10
require, by cerliorarl or otherwise, any
such case 10 no certified Ia the supreme
Court for its review Rni determination
with tho same power aud authority In
tue ease a- II II had been carried 10y
appeal or writ Of error 10 the Supreme
Court.
In all cases not heTeinbefore, In this
section, made iinnl there shall be Of
right M appeal or writ Of error or rc-
view OF the case by tho Supreme Couri
Of the United states where tho matter
In controversy shall exceed one thou.
sand dollars be- | les 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,
OF decree sought 10 10 reviewed.
SIC. :. That whore upon hearing
In equity In u district court, or Ia AN
existing circuit court, an injunction
shall be- granted or continued by an
intctlocutory order or decree, In cause
In which MI appeal from final decree
may be taken under the provisions OF
this act 10 tho circuit court Of APP
peals, an appeal may be- taken from
such intnrlocutory order OF decree
granting OF continuing such Injunction
10 the circuit court OF appeals: FRO.
ridcd, That the appeals must he taken
within thirty days from the entry Of
such order or decree, aud II shall take
precedence In the appellate court; aud
the proceedings In other respects Ia
the court below shall not be stayed un.
less otherwise ordered by that court
during tho pendoncy ofsuch appeal.
SRc. S. That any Justice or Judge,
who, In pursuance OF the provisions of
this act, shall attend the circuit court
OF appeals held nc any place other than
VIII he resides shall upon his written
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