Joseph McKenna

“ It is true there may be a jurisdiction to determine the possession of jurisdiction. Ex parte Harding, 219 U.S. 363, 55 L. ed. 252, 31 Sup. Ct. Rep. 324. But the full doctrine of that case cannot be extended to administrative officers. The Interstate Commerce Commission is purely an administrative body. It is true it may exercise and must exercise quasi judicial duties, but its functions are defined, and, in the main, explicitly directed, by the act creating it. It may act of its own motion in certain instances,-it may be petitioned to move by those having rights under the act. ”

“ No reason can be suggested why a territory of the United States, in which the court of last resort is called a supreme court, should be assigned to some circuit established by Congress, that does not apply with full force to the territory of Alaska, in which the court of last resort is designated as the district court of Alaska. ”

“ If we may venture to reduce to a single proposition an elaborate discussion of elements and considerations, we may say that the Commission gave to the word 'territory' the signification of 'organized territory,' the chief and determining feature of which is a local legislature, as distinguished from a territory having a more rudimentary and less autonomous form of government which it considered Alaska possessed. ”