Chapter 22. To amend an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven
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CHAP. 22.— An Act To amend an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven. January 28, 1915.[[H. R. 19076](/us/bill/63/hr/19076).][[Public, No. 241](/us/pl/63/241).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the first subdivision of Judicial Code.Vol. 36, p. 1131, amended.section one hundred and sixteen of an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, is hereby amended to read as follows:
“First.The first circuit shall include the districts of Rhode Island, First circuit. Porto Rico added to. Massachusetts, New Hampshire, Maine, and Porto Rico.” Sec. 2. That sections one hundred Circuit courts of appeal.and twenty-eight, two hundred and thirty-eight, and two hundred and forty-six of the Act aforesaid are hereby amended to read as follows: " “Sec. 128.The circuit courts of appeals shall exercise appellate Jurisdiction.jurisdiction to review by appeal or writ of error final decisions in the Vol. 36, p. 1133, amended.district courts, including the United States district court for Hawaii and the United States district court for Porto Rico, in all cases other Porto Rico district court added.than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in section two hundred and thirty-eight, *Post*, p. 804.
Decisions final. Exception. Vol. 36, p. 1157.unless otherwise provided by law; and, except as provided in sections two hundred and thirty-nine and two hundred and forty, the judgments and decrees of the circuit court 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 citi- 804 Trade-mark appeals added.zens of the United States or citizens of different States; also in all. cases arising under the patent laws, under the trade-mark laws, under the copyright laws, under the revenue laws, and under the criminal laws, and in admiralty cases.
” “Sec. 238.Supreme Court. Vol. 36, p. 1157, amended. Direct appeals and writs of error from district courts, Hawaii and Porto Rico included.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.
” “Sec. 246. From supreme courts of Hawaii and Porto Rico. Vol. 36, p. 1158, amended.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 Vol. 36, p. 1156.could be had, may be taken and prosecuted to the Supreme Court of the United States under the provisions of section two hundred and Certiorari allowed.thirty-seven; 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 certiorari, 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 Appeals, etc., to circuit courts of appeals.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." Sec. 3. Porto Rico. Appeals to supreme Court repealed. Vol. 36, p. 1157, repealed. Bankruptcy proceedings. Finality of decrees, circuit courts of appeals.
Vol. 36, p. 1134. Certiorari from Supreme Court. Vol. 30, p. 553. That section two hundred and forty-four of the Act afore-said is hereby repealed. Sec. 4. That the judgments and decrees of the circuit courts of appeals in all proceedings and cases arising under the bankruptcy Act and in all controversies arising in such proceedings and cases shall be final, save only that it shall be competent for the Supreme Court to require by certiorari, upon the petition of any party thereto, that the proceeding, case, or controversy be certified to it for review Vol. 36, p. 1159.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 proceeding, case, or controversy unless the petition therefor is presented to the Supreme Court within three months from the date of such judgment or decree.
Sec.5. Railroads incorporated by Congress.Jurisdiction of United States courts.No court of the United States shall have jurisdiction of any action or suit by or against any railroad company upon the ground that said railroad company was incorporated under an Act of Congress. Sec.6. Pending cases not affected.That this Act shall not affect cases now pending in the Supreme Court of the United States or cases in which writs of error 805 or appeals have been allowed at the date of its approval.
And Writs of error to Supreme Court in criminal cases.Vol. 34, p. 1246.nothing in this Act shall be deemed to repeal, amend, or modify the provisions of an Act entitled “An Act providing for writs of error in certain instances in criminal cases,” approved March second, nineteen hundred and seven. Approved, January 28, 1915.