Kimbrel

The appellant was convicted of the crime of keeping a house for the purpose of pros-titution, and the case was taken to the Supreme Court of the Territory of Hawaii by bill of exceptions. The exceptions' were overruled, and an appeal was then prosecuted to this court.

The appellee contends that, inasmuch as the case was taken to the Supreme Court of the Territory by bill of exceptions, the 'judgment of that court is not final, and that the appeal should be dismissed. But we deem it unnecessary to consider that question, because, in our opinion, the appeal must in any event be dismissed on another ground.

Under section 128 of the Judicial Code, as amended (28 USCA § 225), the jurisdiction of this court to review judgments of the Supreme Court of the Territory of Hawaii, in eases civil or criminal, is limited to eases wherein the Constitution or a statute or treaty of the United States, or any authority exercised thereunder, is involved. And, unless the appeal in this case involves a substantial federal question, it should be dismissed. Fukunaga v. Territory of Hawaii (C. C. A.) 33 F.(2d) 396 . The single question presented by the record is this:

Section 4451 of the Revised Laws…