Ex parte FONDA, Petitioner.

This motion is denied on the authority of Ex parte Royall, ante, 734, 742. No reason is suggested why the supreme court of the state may not review the judgment of the circuit court of the county upon the question which is raised as to the application of the statute, under which the conviction has been had, to embezzlements by the servants and clerks of national banks, nor why it should not be permitted to do so without interference by the courts of the United States. The question appears to be one which, if properly presented by the record, may be reviewed in this court after a decision by the supreme court adverse to the petitioner. The case, as made by the motion papers, is not one which, under the principles settled in Royall's Case, requires this court to act in advance of the orderly course of proceeding for a review of the judgment by writ of error.