“ The act in question, although it deprived of the right of review by writ of error which had hitherto obtained in certain cases and substituted as to such cases the right of petitioning for review by certiorari subjected this last right to the same limitation as to the finality of the judgment of the state court sought to be reviewed which had prevailed from the beginning under section 709, Rev. Stat. (section 237, Judicial Code [Comp. St. 1916, § 1214] ) . Finality, therefore, continues to be an essential for the purposes of the remedy by certiorari conferred by the act of 1916. ”

“ Application for certiorari was then made by the petitioner on the ground that such decision involved questions under the Employers' Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1916, §§ 8657-8665] ) reviewable by certiorari under the Act of Congress of September 6, 1916, c. ”