Melville Fuller

“ Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court. ”

“ But the case before us is a capital case, and not included in the criminal cases to which the jurisdiction of the circuit courts of appeals extends. It is suggested that, as it follows that if this court has no jurisdiction, convictions for crimes not capital are reviewable on a second appeal, while convictions for a capital crime are not, this involves an absurdity, hardship or injustice presumably not intended. ”

“ That the judicial power of said territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
'. . . and the said supreme and district courts, respectively, shall possess chancery as well as common-law jurisdiction and authority for redress of all wrongs committed against the Constitution or laws of the United States or of the territory, affecting persons or property. . . . ”