Edward Douglass White

“ Thus, it is urged that if the limitation of the Amendment applies to Congress so as to prevent that body from creating a court and giving it power to act free from the restraints of the Amendment, it must also apply, unless the substance is to be disregarded and the shadow be made controlling, to the power of Congress to create a right and leave the power to enforce it in a forum to which the constitutional limitation is not applicable. ”

“ But this truth has not the slightest tendency to support the contention that the substantial right secured extends to, and is operative in, a field to which it is not applicable and with which it is not concerned. It is also true, as pointed out in the cases just cited, that although territorial courts of the United States are not constitutional courts, nevertheless, as they are courts created by Congress, and exercise jurisdiction alone by virtue of power conferred by the law of the United States, the provisions of the 7th Amendment are applicable in such courts. ”

“ Whatever may have been the controversies in the trial court prior to the verdict of the jury in favor of the plaintiff, and the contentions which were unsuccessfully urged in the court below to secure a reversal of the judgment entered thereon, on this writ of error they have all but one been abandoned, and hence have all but one become negligible. As the one question here remaining was also involved in five other cases pending under the employers' liability act on writs of error to the courts of last resort of Virginia, Kentucky, and Oklahoma, those cases and this were argued together. ”