Edward Douglass White

“ Nor, if the record imported that an issue as to jurisdiction had been made in the trial court and had been by it decided, do the questions propounded to this court constitute a sufficient certification of such question of jurisdiction. The statements in the order allowing the appeal, setting forth the questions propounded for the decision of this court, whether considered by themselves or in connection with the record, cannot in reason be treated as 'a plain declaration that the single matter which is by the record sent up to this court for decision is a question of jurisdiction.' Shields v. ”

“ The authority of this court to review the action of the court below must be found in one of three classes of cases, in which, by § 5 of the judiciary act of March 3, 1891, an appeal or writ of error may be taken from a district or circuit court direct to this court. The classes of cases alluded to are as follows:
1. Cases in which the jurisdiction of the court is in issue, in which class of cases the question of jurisdiction alone is to be certified from the court below for decision ”

“ Cases involving the construction or application of the Constitution of the United States; and,
3. Cases in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. ”