Charles Evans Hughes

“ Any case in a circuit court of appeals where is drawn in question the validity of a statute of any State, on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is against its validity, may, at the election of the party relying on such State statute, be taken to the Supreme Court for review on writ of error or appeal ”

“ Laws 1926, c. 178) which reserved to the employee or his legal representative an action at law for death caused by negligence; 'that no contract made in Vermont purporting to release an employer from liability for future negligence can bar an action brought in New Hampshire for an injury there sustained, and thus change the public policy of New Hampshire.' 51 F. (2d) 992, 999, 1000. As the decision of the Circuit Court of Appeals was not against the validity of the statute of Vermont, the appeal to this Court must be dismissed for the want of jurisdiction. ”

“ The question is whether the general authority of this Court, under paragraph (a) of this section, 'in any case * * * in a circuit court of appeals * * * to require by certiorari' that the cause be certified to this Court for determination, is limited in a case like the instant one by the concluding clause of paragraph (b) . ”