Harris v. Rosenberger

Citations

• 145 F. 449
• 13 L.R.A.N.S. 762
• 1906 U.S. App. LEXIS 3987

Syllabus

<p>1. Courts — Jurisdiction—Distribution Between Supreme Court and Circuit Courts of Appeals — Oases Involving Constitutional Questions.</p> <p>A suit, although not one of diversity of citizenship, which, according to the complainant’s bill, depends not only upon the construction and application of the Constitution of the United States and the constitutional validity of an act of Congress, but also upon the proper construction of tlie act of Congress, is one in respect of which the appellate jurisdiction of the Supreme Court is not exclusive, and an appeal from the final decree mav be taken to the Circuit Court of Appeals. Spreckles Sugar Refining Co. v. McClain, 24 Sup. Ct. 376, 192 U. S. 397, 407, 18 L. Ed. 496, followed.</p> <p>[Ed. Note. — Jurisdiction of cases involving federal questions, see notes to Bailey v. Mosher, 11 C. C. A. 308; Montana Ore Purchasing Co. v. Boston & M. C. C. S. Min. Co., 35 C. C. A. 7.</p> <p>Jurisdiction of Supreme Court and of Circuit Court of Appeals, see note to Lau Ow Bew v. United States, 1 C. O. A. 5.]</p> <p>2. Same — To Give Right to Direct Appeal to Supreme Court Constitutional Question Must be Real and Substantial</p> <p>Not every assertion of a right under some claimed construction or application of the Constitution, nor every claim that a pertinent act of Congress is violative of the Constitution, is efficient to establish a right to a direct appeal to the Supreme Court, under the statute distributing the appellate jurisdiction between that court and the Circuit Court of Appeals. The claim must be real and substantial, not merely colorable or without reasonable foundation.</p> <p>3. Same — Constitutional Question Ceases to be Real and Substantial After it has been Solemnly and Directly Determined by Supreme Court.</p> <p>Whether the question of the construction or application of the Constitution, or of the constitutional validity of an act of Congress, is real and substantial, or is merely colorable and without reasonable f