from this court could be prosecuted in the
same class of cases as those in which this court
was authorized under section 237 of the
Judicial Code (Comp. St. 1214) to review
decisions of state courts of last resort. Section
237 at that time allowed a writ of error to final
decisions in state courts of last resort where
was drawn in question the validity of a treaty, or
a statute of, or an authority exercised under,
the United States and the decision was against
its validity, or where was drawn in question the
validity of a statute of, or an authority exercised
under any state, on the ground of its being
repugnant to the Constitution, treaties, or laws
of the United States and the decision was in
favor of its validity, or where any title, right,
privilege, or immunity was claimed under the
Constitution, or any treaty or statute of, or
commission held, or authority exercised under,
the United States, and the decision was against
the title, right, privilege or immunity especially
set up or claimed by either party under such
Constitution, treaty, statute, commission or
authority. By Act of January 28, 1915 (38 Stat.
803, 804, amending section 246), this court
was given power by certiorari to bring up for
review all final judgments or decrees in civil or
criminal cases in the supreme courts of Porto
Rico and Hawaii, other than those reviewable
here by writ of error because in the class similar
to that described in section 237 of the Judicial
Code. By Act of September 6, 1916 (39 Stat.
726), the jurisdiction of this court to review by
writ of error, under section 237, final judgments
and decrees of state courts of last resort was
cut down by omitting cases (other than those
involving the validity of a treaty, statute or
authority exercised under the United States or
any state) wherein a title, right, privilege, or
immunity, was claimed under the Constitution,
or any treaty or statute of, or commission held,
or authority exercised under, the United
States, and the decision was against such title,
right, privilege or immunity, and such cases, it
was provided, could only be examined on
review in this court by certiorari.

 The question now presented is whether
 the amendment to section 237 of the Judicial
 Code by the Act of 1916 applies to, and
 affects, the appellate jurisdiction of this court in
 reviewing decisions of the Supreme Court of
 Porto Rico. We think it does. We think that the
 manifest purpose of the Act of 1915, amending


section 246 of the Code, in its reference to
section 237 of the Judicial Code was to
assimilate the appellate jurisdiction of this Court
over the Supreme Courts of Porto Rico and
Hawaii to that over state courts of last resort,
and that the reference in amended section
246, to section 237 may be fairly construed to
embrace subsequent changes in section 237
that are not obviously inapplicable.

 [2] This brings us to the question whether
there was drawn in question in these cases the
validity of a statute of Porto Rico under the
Constitution of the United States. The Penal
Code of Porto Rico divides crimes into felonies
and misdemeanors. Rev. Stat. and Codes of
Porto Rico 1911, Penal Code, 13. A felony is
described as a crime punishable by death or
imprisonment in the penitentiary. Every other
crime is declared to be a misdemeanor. Penal
Code, 14. Section 178 of the Porto Rican
Code of Criminal Procedure provided that
issues of fact in cases of felony should be tried
by a jury when the defendant so elected, but
gave no such right in the case of
misdemeanors. This was construed by the
Supreme Court to deny such right. People v.
Bird, 5 P.R.R. 387.

 By section 244 (5676) of the Penal Code
 (as amended by Act of March 9, 1911, p. 71),
 the publication of a libel is made punishable by
 a fine not exceeding $5,000, or imprisonment
 in jail for a term not exceeding two years, or
 both such fine and imprisonment, and also the
 costs of the action in the discretion of the court.
 It is, therefore, plain that libel under the Porto
 Rican law is a misdemeanor, and a jury trial was
 not required therein. By the Act of July 22,
 1919 (Laws of Porto Rico 1919, No. 84,
 p. 684), a jury trial is now given in
 misdemeanors, but that did not come into force
 until after these libels were published and
 these trials had.

 When the Penal Code, and the Code of
 Criminal Procedure were first passed in 1901,
 they both contained the provision that in all
 cases of libel the jury should determine the law
 and the fact. It was held, however, by the
 Supreme Court of Porto Rico in People v. Bird,
 5 P.R. R. 387, 405, that this did not give a jury
 trial, but only made provision that if and when a
 right of jury trial was given in such cases, the