“ Any case in a circuit court of appeals where is drawn in question the validity of a statute of any State, on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is against its validity, may, at the election of the party relying on such State statute, be taken to the Supreme Court for review on writ of error or appeal ”

“ Argued: Oct. 26, 1931. ---
This suit was brought to restrain the enforcement of an order of the Public Service Commission of Indiana upon the grounds that the commission had exceeded its authority and that the order violated the due process clause and the equal protection clause of the Fourteenth Amendment of the Federal Constitution. The District Court (a single judge sitting, as an interlocutory injunction was not sought, Stratton v. St. Louis, S. W. Ry. Co., 282 U.S. 10, 15, 51 S.C.t. 8, 75 L. Ed. 135) dismissed the bill for want of equity. ”