CANADIAN'S CASE TO SUPREME COURTWashington* Dec 24 —The fight i gainst extradition to Canada bv Thomas Kelly, millionaire contractor, wanted at Winnipeg, Man, to answer to an Indictment growing out of the construction of the parliament building at Winnipeg, was taken today to the supremo courtKelly’s attorneys filed an appeal from the decision of Judge Landis In the Federal district court at Chicago refusing to release Kelly from custody of the United States marshall on habeas corpus proceedings Kelly was about to be extradited His attorney3 claim that the offenses charged, that of obtaining $1,260,000 by perjury as to extra work done and unla^ fully -eceH-ing embezzled securities are not extraditable offenses