260 THE USE BOOK. 



if it be true that no appeal lies to any court from our decision 

 in capital cases or in criminal cases where the constitutionality 

 of a Federal statute is the sole question involved, but the 

 right of review of our decisions in criminal cases is confined 

 to the appellate jurisdiction of the circuit court of appeals in 

 minor criminal cases, and when less important questions are 

 involved this somewhat anomalous condition of the law should 

 not prevent our recognizing the binding force of a determina- 

 tion of such circuit court of appeals upon such constitutional 

 questions, since if the record in this case presented other ques- 

 tions for review, thereby giving it jurisdiction, such court un- 

 doubtedly would have the right to and would review in connec- 

 tion therewith our determination upon the constitutional ques- 

 tion involved. Therefore if it be that the correctness of our de- 

 termination upon the constitutional question can not be passed 

 upon by such court in this particular case, it is perhaps for that 

 reason all the more incumbent upon us to follow in the path 

 marked out for us by that court. 



Farnsworth v. Montana, 129 U. S., 104; 

 Cross v. United States, 145 U. S., 571 ; 

 Chapman v. United States, 164 U. S., 436 ; 

 In re Heath, 344 U. S., 92; 

 Carter v. Roberts, 177 U. S., 496; 

 Holt v. Indiana Co., 80 Fed., 1 ; 

 Texas & P. R. Co. v. Blook, 60 Fed., 979; 

 Hubinger Co. v. Ry. Co., 98 Fed., 897 ; 

 Davis v. Burke, 97 Fed., 501. 



As we feel that we are in any event controlled by the decision 

 on the Dastervignes case we do not think it necessary to state 

 to what extent we have changed our views from our original 

 holding in the light of a further examination of the question 

 and the fuller discussion afforded us upon the reargurnent. 



Judgment will be entered affirming the judgment entered in 

 the lower court in favor of the United States. 



THE UNITED STATES v. DOMINGO ET AL. 

 (152 Fed. Rep., 566.) 



In the district court of the United States within and for the central 

 division of the district of Idaho. March 14, 1907. 



BEATTY, District Judge. 



The indictment is for trespass upon a forest reserve by driv- 

 ing and grazing sheep thereon without a permit. To this in- 

 dictment the defendants have demurred. 



