Horace Gray

“ It is true that the general supervisory power of this court over inferior jurisdictions is of great moment in a public point of view, and should not, upon light grounds, be deemed to be taken away in any case. Still, although the writ of mandamus is not mentioned in the section, yet the use of the words 'such remand shall be immediately carried into execution,' in addition to the prohibition of appeal and writ of error, is strongly indicative of an intent to suppress further prolongation of the controversy by whatever process. ”

“ Lockhart and Richmond & D. R. Co. v. Thouron were followed; and it was held that § 5 of the judiciary act of March 3, 1891, chap. 517, giving a writ of error from this court 'in any case in which the jurisdiction of the court is in issue,' does not authorize a writ of error to review an order of the circuit court, remanding a case for want of jurisdiction, because such order is not a final judgment. ”

“ But in this case we think it was the intention of Congress to make the judgment of the circuit court remanding a cause to the state court final and conclusive. The general object of the act is to contract the jurisdiction of the Federal courts. The abrogation of the writ of error and appeal would have had little effect in putting an end to the question of removal if the writ of mandamus could still have been sued out in this court. ”