Harlan F. Stone

“ We cannot say that under the Act of 1926, standing alone, the right of appeal from an order of remand stands on any different footing than it did under any other statute authorizing removal before the enactment of the 1875 Act, or that the order of remand is any less final in the case of the Government than in the case of an individual. Each loses, by the order, such right as there may be to litigate the case in the federal courts on removal, but both retain such rights as they may have to continue the litigation in the state court or to bring an independent suit in the federal courts. ”

“ As far as it is within our appellate jurisdiction, our authority is defined wholly by the statute, which provides that upon the presentation of the certificate, this Court 'may require that the entire record in the cause be sent up for its consideration, and thereupon shall decide the whole matter in controversy in the the whole matter in controversy in the (here) by writ of error or appeal.' But the only manner in which we, as an appellate court, can decide a controversy brought here by writ of error or appeal is by affirming, reversing or modifying the order or judgment before us for review. ”

“ Statutory language and objective, thus appearing with reasonable clarity, are not to be overcome by resort to a mechanical rule of construction, whose function is not to create doubts, but to resolve them when the real issue or statutory purpose is otherwise obscure. ”