delivered the opinion of the court.

■This motion is denied on the authority of Ex parte Royall, ante 241. 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 applica-tidn of the statute, under which the. conviction has been had, to embezzlements by -the servants and clerks 6f national banks,- . nor why it should not be permitted to do, so without interfer- . ence 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 py the Supreme Court adverse to the petitioner. The case as made by the motion papers is not one which, under the principles settled in RoyalVs Oase, requires this court to act in advance of the orderly course of proceeding for a review of-the judgment by writ of error.

: Motion denied. .