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Show FORMAL DECISION IS FIRST EXPECTED WASHINGTON, Dec 9. JTudpe AI-d AI-d rich's statement today that he would not pass upon tho constitutional questions Involved In tho Thaw case, but would forward them promptly to the supreme court of the United States, was not taken ta-ken In supremo court circles as meaning that the case would como to tho highest court without at least the form of a decision de-cision by Judge Aldrich on the pending habeas corpus application. Only the federal clroult court of appeals, ap-peals, It was pointed out, may certify questions of law to tho supromo court for answer before they havo acted themselves, them-selves, and this can bo done only in cases where the decisions of tho circuit courts of appeals are final. The onlv way in wmcn uio xnmv caiu mav come from the district court to the Bupremo court Is said to be by way of appeal from a doclslon rendered by Judgo Vldrlch. In several cases In recent years, howover, where tho district judges considered con-sidered the case before them was of Huch Importance that the supremo court would bo asked to roview the matter, tho Judges havo not considered at length and passed upon tho intrlcato points raised, but havo promptly rendered decisions from which appeals might bo taken, regarding nny efforts they might mako as labor lost. Tills course was pursued In the recent newspaper publicity caso, which came to the supremo court from tho southern district dis-trict of Now York. As recognized constitutional quostlonB are involved In tho Thaw proceedings, an appeal from tho district court may go directly to the suprome court, instead in-stead of first to the circuit court of appeals. |