Morrison Waite

“ It rests, therefore, on those who would withdraw any case, within that power, from the cognizance of the circuit courts, to sustain their exception 'on the spirit and true meaning of the' act, 'which spirit and true meaning must be so apparent as to overrule the words its framers have employed.' To the extent that the words conflict with other laws giving exclusive original jurisdiction to the supreme court, this has been done, but no more. The judicial power of the United States exists under the constitution, and congress alone is authorized to distribute that power among the courts. ”

“ That the validity of the consolidation, so far as the state is concerned, rests alone on the authority conferred for that purpose by the acts of congress is not denied. If the acts of congress confer the authority, the consolidation is valid ”

“ Laws, § 3525, Code, § 4, 'An action is an ordinary proceeding in a court of justice by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.' Section 3527, Code, § 6: 'Actions are of two kinds,First, civil ”