“ As the jurisdiction of the District Court was based upon constitutional grounds only, the case was not appealable to the Circuit Court of Appeals. But, an appeal having been taken and a final order made in the Circuit Court of Appeals, we have jurisdiction to review the question of jurisdiction of that court. Judicial Code, § 241 (Comp. St. § 1218) ; Union & Planters' Bank v. Memphis, 189 U.S. 71, 73, 23 Sup. Ct. 604, 47 L. Ed. 712.
The proper course is to reverse the judgment of the Circuit Court of Appeals, and remand the case to that court, with directions to dismiss the appeal. ”