David Kaufman & Sons Co. v. Smith, 216 U.S. 610 (1910)

David Kaufman & Sons Company v. Smith


No. 668


Motion to dismiss or affirm submitted February 28, 1910
Decided March 7, 1910
216 U.S. 610

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF NEW JERSEY

Syllabus

To give this Court jurisdiction on a direct appeal from, or writ of error to, a court of appeals on the ground of a constitutional question, such question must be real and substantial, and not a mere claim in words.

The questions involved in this case as to the right of the government to collect duties on merchandise coming into the United States from the Canal Zone, Isthmus of Panama, under the Act of March 2, 1905, c. 1311, 33 Stat. 843, have already been settled by the case of Downes v. Bidwell, 182 U.S. 244, and the writ of error is dismissed for want of jurisdiction.

The facts are stated in the opinion.