Edward Douglass White

“ Treating the order of dismissal as a final judgment, we are now asked on this writ of error to reverse the ruling of the supreme court of appeals of Virginia. This, however, we cannot do. It is immaterial that the supreme court of appeals was vested by the state Constitution with appellate jurisdiction in all cases involving the constitutionality of a law as being repugnant to the Constitution of Virginia or of the United States, or that, in the opinion delivered by the court, it discussed the Federal question and declared it to be without merit. ”

“ The appellate court, however, held (104 Va. 240, 51 S. E. 225) that the case was ruled by a prior decision (Western U. Teleg. Co. v. Reynolds, 100 Va. 459, 93 Am. St. Rep. 971, 41 S. E. 856) , and that such decision had not been overruled by the decision of this court in Hanley v. Kansas City Southern R. Co. ”