Melville Fuller

“ By the fourth section of the judiciary act of March 3, 1891, it was provided that 'a review, by appeal, by writ of wrror, or otherwise, from the existing circuit courts shall be had only to the supreme court of the United States or in the circuit courts of appeals hereby established, according to the provisions of this act regulating the same.' Section 5 defined the cases in which appeals or writs of error might be taken from the circuit courts directly to this court ”

“ Nor can the attempt be successfully made to bring the case within the class of cases in which the construction or application of the constitution is involved, in the sense of the statute, on the contention that the petitioner was deprived of his liberty without due process of law. ”

“ These would be cases within the classes enumerated in section 5, but the only one of those classes within which it seems to have been contended, when this appeal was taken, that this case fell, is the first class, which is composed of those cases 'in which the jurisdiction of the court is in issue ”