the same right of
appeal, in criminal cases, to the United States or the District of
Columbia as to the defendant, but providing that a verdict was not to be
set aside for error found in rulings during trial, _held_ an attempt to
take an advisory opinion, contrary to article III, section 2.

United States _v._ Evans, 213 U.S. 297 (April 19, 1909).

36. Act of June 11, 1906 (34 Stat. 232, ch. 3073).

Act providing that "every common carrier engaged in trade or commerce in
the District of Columbia * * * or between the several States * * * shall
be liable to any of its employees * * * for all damages which may result
from the negligence of any of its officers * * * or by reason of any
defect * * * due to its negligence in its cars, engines * * * roadbed",
etc., _held_ not supportable under article I, section 8, clause 3 as
applied to employees engaged in moving trains in interstate commerce.

Employers' Liability Cases, 207 U.S. 463 (January 6, 1908).
[The act was upheld as to the District of Columbia in Hyde
_v._ Southern R. Co., 31 App. D.C. 466 [1908]; and as to
Territories, in El Paso and Northeastern R. Co. _v._
Gutierrez, 215 U.S. 87 [1909].]

37. Act of June 16, 1906 (34 Stat. 269, sec. 2).

Provision of Oklahoma Enabling Act restricting relocation of the State
capital prior to 1913, _held_ not supportable by article IV, section 3,
authorizing admission of new States.

Coyle _v._ Oklahoma (Smith), 221 U.S. 559 (May 29, 1911).

38. Act of February 20, 1907 (34 Stat. 899, sec. 3).

Provision in the Immigration Act of 1907 penalizing "whoever * * * shall
keep, maintain, control, support, or harbor in any house or other place,
for the purpose of prostitution * * * any alien woman or girl, within 3
years after she shall have entered the United States," _held_ an
exercise of police power not within the control of Congress over
immigration (whether drawn from the commerce clause or based on inherent
sovereignty).

Keller _v._ United States, 213 U.S. 138 (April 5, 1909).

39. Act of March 1, 1907 (34 Stat. 1028).

Provisions authorizing certain Indians "to institute their suits in the
Court of Claims to determine the validity of any acts of Congress passed
since * * * 1902, insofar as said acts * * * attempt to increase or
extend the restrictions upon alienation * * * of allotments of lands of
Cherokee citizens * * *," and giving a right of appeal to the Supreme
Court,