Edward Douglass White

“ A consideration of the confusion which inevitably would result if the doctrine of the Metropolitan, Alton and Aspen Cases were not applied, of the necessity which would arise for denying powers conferred upon the circuit court of appeals by the statute, and of calling into play a power of review by this court not given, clearly demonstrates the error of the right to direct appeal here insisted upon. ”

“ There can equally be no doubt that if we have power to pass upon the case on this record, our jurisdiction embraces not only the right to decide the alleged constitutional question raised after the mandate of the circuit court of appeals had been filed in the trial court, but also all other questions arising on the record, including those passed upon by the circuit court of appeals. ”

“ Indeed, these considerations were expounded in the Metropolitan Case, and it was there pointed out that the attempt to make a distinction upon the mere form of the mandate was without merit (p. 523) . Looked at arguendo, however, as a matter of first impression, the source of the error which the proposition here relied upon involves is not difficult to perceive. ”