In our opinion the jurisdiction of the circuit court depended entirely on diverse citizenship, the judgment of the circuit court of appeals was final, and the writ of error must be dismissed. Colorado Central Consol. Min. Co. v. Turck, 150 U.S. 138, 37 L. ed. 1030, 14 Sup. Ct. Rep. 35; Borgmeyer v. Idler, 159 U.S. 408, 40 L. ed. 199, 16 Sup. Ct. Rep. 34; Press Pub. Co. v. Monroe, 164 U.S. 105, 41 L. ed. 367, 17 Sup. Ct. Rep. 40.
The views expressed in the latter case will suffice to indicate the governing rules. In that case the complaint in the circuit court showed that the parties were citizens of different states, and did not claim under the Constitution or laws of the United States. At the trial plaintiff relied wholly upon a common-law right, but defendant invoked the Constitution and laws of the United States. Judgment having passed for plaintiff, which was affirmed by the circuit court of appeals, we dismissed a writ of error to that court on the ground that its judgment was made final by the statute. Mr. Justice Gray, delivering the opinion, said:
'Of suits of a civil nature, at law or in equity, the circuit courts of the United States have original jurisdiction, by reason of the citizenship of the parties, in cases between citizens of different states or between citizens of a state and aliens; and by reason of the cause of action, 'in cases arising under the Constitution or laws of the United States, or treaties made or which shall be made under their authority,' including, of course, suits arising under the patent or copyright laws of the United States. Act of August 13, 1888, chap. 866, § 1 (25 Stat. at L. 433, U.S.C.omp. Stat. 1901, p. 508); Rev. Stat. § 629, cl. 9 (U.S.C.omp. Stat. 1901, p. 504). In order to give the circuit court jurisdiction of a case as one arising under the Constitution, laws, or treaties of the United States, that it does so arise must appear from the plaintiff's own statement of his claim. Colorado Central Consol. Min. Co. v. Turck, 150 U.S. 138, 37 L. ed. 1030, 14 Sup. Ct. Rep. 35; Tennessee v. Union & P. Bank, 152 U.S. 454, 38 L. ed. 511, 14 Sup. Ct. Rep. 654; Oregon Short Line & U. N. R. Co. v. Skottowe, 162 U.S. 490, 40 L. ed. 1048, 16 Sup. Ct. Rep. 869; Hanford v. Davies, 163 U.S. 273, 41 L. ed. 157, 16 Sup. Ct. Rep. 1051.
'From final judgments of the circuit court in civil suits an appeal or writ of error lies to this court, or to the circuit court of appeals. It lies directly to this court in any case in which the jurisdiction of the circuit court is in issue; and in such case the question of jurisdiction only is certified to and decided by this court. It also lies directly from the circuit court to this court in cases involving the construction or application of the Constitution, or the constitutionality of a law, or the validity or construction of a treaty, of the United States, or in which the Constitution or a law of a state is claimed to be in contravention of the Constitution of the United States; and in any of these cases the appellate jurisdiction of this court is not limited to the constitutional question, but extends to the determination of the whole case. Act of March 3, 1891, chap. 517, § 5 (26 Stat. at L. 827, 828, U.S.C.omp. Stat. 1901, p. 549); Horner v. United States, 143 U.S. 570, 36 L. ed. 266, 12 Sup. Ct. Rep. 522; Chappell v. United States, 160 U.S. 499, 40 L. ed. 510, 16 Sup. Ct. Rep. 397.
'From final judgments of the circuit court in all other civil suits an appeal or writ of error lies to the circuit court of appeals; and the judgments rendered thereon by the circuit court of appeals are final (unless this court, by writ of certiorari or otherwise, orders the whole case to be brought up for its decision) in all cases in which the jurisdiction of the circuit court 'is dependent entirely upon the parties being aliens and citizens of the United States, or citizens of different states;' as well as in cases arising under the patent laws, or under the revenue laws. In all other civil actions (including those arising under the copyright laws of the United States), if the matter in controversy exceeds $1,000, besides costs, there is, as of right, an appeal or writ of error to bring the case to this court. Act of March 3, 1891, chap. 517, § 6.