Mr. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.
Diversity of citizenship did not exist, and the jurisdiction of the Circuit Court rested solely on the ground that the cause of action arose under the Constitution of the United States. The appeal lay directly to this court under section five of the Judiciary Act of March 3, 1891, and not to the Circuit Court of Appeals. American Sugar Refining Company v.
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