Melville Fuller,
Springville City v. Thomas Salt Lake City Brewing Company…
“ But defendants contended that the act of congress as thus interpreted was in violation of the seventh amendment, and the validity of the act was in that way drawn in question. In the view which the supreme court took of the act, it was obliged to subject it to the test of the constitution, and, accordingly, in deciding that the seventh amendment did not require unanimity of action, the court held, in effect, that the act of congress was constitutional, although it empowered the territorial legislature to provide for verdicts by less than the whole number of jurors. ”
