King Manufacturing Co. v. City Council of Augusta

Me. Justice Brandéis

(with whom Mr. Justice • Holmes concurs), dissenting.

I think that the writ of error should be dismissed. The judgment below was entered after the effective date of the Act of February 13, 1925, c. 229, 43 Stat. 936, 937, 942. That Act strutík from § 237 of the Judicial Code the words “ or an authority exercised under any State.”1 The section as so amended limits the right of review by writ of error to cases where the highest court of a State has denied the validity of a treaty or statute of the United States, or has affirmed the validity of a statute of a State, challenged…