George Sutherland

“ If the power exercised by legislative courts is not judicial power, what is it? Certainly it is not legislative, or executive, or administrative power, or any imaginable combination thereof.
With the foregoing principles in mind we come, then, to a consideration of the crucial question here involved, Is the judicial power exercised by the Court of Claims vested in virtue of the third article of the Constitution so as to bring its judges within the protection of that article as to tenure of office and compensation? ”

“ We are here immediately concerned only with that provision of article 3 which extends the judicial power to 'Controversies to which the United States shall be a Party.' Literally, this includes such controversies, whether the United States be party plaintiff or defendant; but in the light of the rule, then well settled and understood, that the sovereign power is immune from suit, the conclusion is inadmissible that the framers of the Constitution intended to include suits or actions brought against the United States. ”

“ The preservation of its independence is a matter of public concern. The sole function of the court being to decide between the government and private suitors, a condition, on the part of the judges, of entire dependence upon the legislative pleasure for the tenure of their offices and for a continuance of adequate compensation during their service in office, to say the least, is not desirable. ”