William R. Day

“ If not technically a treaty requiring ratification, nevertheless it was a compact authorized by the Congress of the United States, negotiated and proclaimed under the authority of its President. We think such a compact is a treaty under the circuit court of appeals act, and, where its construction is directly involved, as it is here, there is a right of review by direct appeal to this court. ”

“ The circuit court of appeals act did not repeal the revenue act to which we have referred, but broadly provided for direct appeal to this court from the circuit court in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty, etc., was drawn in question. ”

“ In that case, however, the appeal was undertaken to be made directly from the circuit court because of an alleged deprivation of constitutional right, and because of the construction of a reciprocal agreement made with Italy under the tariff act of 1897. ”