John Hessin Clarke

“ From the statement of the case which we have made it is clear that the railroad company has relied throughout the litigation upon the validity of the treaty of the United States with Russia and that it has claimed rights under a construction of that treaty which were denied by the defendant in error and by the New York courts. What the proper construction of the treaty is, is the only question argued in this court. ”

“ Div. 901, 154 N. Y. Supp. 1125) and by the Court of Appeals (219 N. Y. 343, 114 N. E. 399, Ann. Cas. 1918A, 928) is argued as if properly before us for review on writ of error.
Since the judgment which the plaintiff in error seeks to review was entered on December 12, 1916, the record presents the question whether writ of error or writ of certiorari was the appropriate remedy for bringing the case into this court under section 237 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1087) , as amended by act of Congress, approved September 6, 1916, c. ”