Melville Fuller

“ When cases arise which are controlled by the construction or application of the Constitution of the United States, a direct appeal, lies to this court, and if such cases are carried to the circuit courts of appeals, those courts may decline to take jurisdiction, or where such construction or application is involved with other questions, may certify the constitutional question and afterwards proceed to judgment, or may decide the whole case in the first instance. ”

“ Courts Martial are lawful tribunals, with authority to finally determine any case over which they have jurisdiction, and their proceedings, when confirmed as provided, are not open to review by the civil tribunals, except for the purpose of ascertaining whether the military court had jurisdiction of the person and subjectmatter, and whether, though having such jurisdiction, it had exceeded its powers in the sentence pronounced. ”

“ It was there held that the judiciary act of March 3, 1891, does not give a defeated party in a circuit court the right to have his case finally determined both in this court and in the circuit court of appeals on independent appeals. That case was heard in the circuit court of the United States for the district of Idaho upon its merits, which included the consideration of questions involving the construction of a treaty and the validity of an act of Congress. ”