John Marshall Harlan

“ The safety of our institutions depends in no small degree on a strict observance of this salutary rule.' It is not one of the functions of a court to make up the records of the proceedings of legislative bodies. Nor can it be required, in a case not involving the private interests of parties, to determine whether particular bodies, assuming to exercise legislative functions, constitute a lawful legislative assembly. ”

“ Nor does section 1910 of the Revised Statutes of the United States forbid the territorial legislature from conferring original jurisdiction upon the supreme court of the territory in cases named in section 3816 of the Revised Statutes of Idaho, although such cases may depend upon questions arising under the constitution or laws of the United States. If congress had intended to confer upon the district courts of the territories named exclusive jurisdiction in the class of cases named in section 1910, it would have so declared in express terms. ”