Heald v. District of Columbia

Citations

• 254 U.S. 20
• 41 S. Ct. 42
• 65 L. Ed. 106
• 1920 U.S. LEXIS 1230

Syllabus

<p>The Court of Appeals of the District of Columbia has not power to certify questions to this court under Jud. Code, § 251, nor has this court power to entertain such certificate, in a case wherein the judgment or decree of the Court of Appeals would be reviewable here by error or appeal under § 250. P. 21. Argnt v. Lane, 245 U, S. 166.</p> <p>A judgment or decree of that court is so reviewable here, under the third paragraph of Jud. Code, § 250, when it involves the constitutionality as well as the construction of an act of Congress, though the act be local to the District of Columbia. Pi 22. American Security & Trust Co. v. District of Columbia, 224 U. S. 491, distinguished.</p> <p>The power to construe a statute is a necessary incident of the power to determine its constitutionality. P. 23.</p> <p>Paragraphs third and sixth of Jud. Code, § 250, being reenactments of preexisting law, must retain the settled meaning attached to them before reenactment, in the absénce of plain implication to the contrary. Id.</p> <p>Dismissed.</p>