Edward Douglass White

“ Even, however, upon the assumption that the cases are susceptible of a different view, as no question was raised in either concerning the power to certify and the limitation to which it was subjected by the statute, the mere fact that the cases were entertained affords no ground for holding them as authoritative on the question before us and thereby causing the statute to embrace a power which it excluded by both its letter and spirit. ”

“ St. 1916, § 1216] ) , but in giving power to certify for the first time to the Court of Appeals of the District expressly limited it to cases 'in which its judgment or decree is made final' (section 251 [section 1228] ) . The expansion of authority conferred upon the Circuit Courts of Appeals at the same time that the restricted authority was conferred upon the Court of Appeals of the District makes manifest the legislative intent to give a greater power in the one case than in the other. ”