The argument by the government that the Act of November 21, 1941, merely authorizes the Supreme Court to make rules applicable to criminal contempt cases and that since the Supreme Court has not done so since the passage of the Act, appeals in criminal contempt cases are not governed by the New Rules, is without merit. It was the clear intent of Congress by this Act to bring criminal contempt proceedings within the rules adopted by the Supreme Court. See United States v. Lederer, 7 Cir., 139 F.2d 861. The decision of the Supreme Court in United States v. White, 322 U.S. 694, 64 S.Ct. 1248, 88 L.Ed. 1542, decided since the passage of the 1941 Act and since the decision of United States v. Lederer, supra, is not in our opinion in conflict with these views. In its petition for certiorari in the White case, the government pointed out that respondent had taken his appeal to the Circuit Court by notice, under the New Rules, rather than by an order allowing the appeal, under 28 U.S.C.A. ยง 230. Certiorari was not granted, however, to settle this question.
Affirmed. See, also, 139 F.2d 861. Lloyd C. Moody and John Elliott Byrne, both of Chicago, Ill., for appellant.