Morrison Waite

“ The legislative power of the territory extends to 'all rightful subjects of legislation not inconsistent with the constitution and laws of the United States.' This includes the establishment of 'inferior courts;' that is to say, courts inferior to the supreme court. District courts have been established by congress, but congress has not defined their jurisdiction further than to provide generally that they shall have chancery as well as common-law jurisdiction. ”

“ The petitioner is detained in the territorial prison of Arizona upon a warrant of commitment issued by the county court of Cochise county, under a sentence of imprisonment on a conviction of the crime of grand larceny, and the only question presented by his petition is whether the territorial legislature of Arizona had authority to create and establish that court. There is no question of the jurisdiction of the court to try the petitioner for the offense of which he was convicted if the court itself was rightfully created. ”

“ Congress has power, under section 1856 of the Revised Statutes, to disapprove the act, and thus render it inoperative thereafter, and it is to be presumed this will be done if in its practical operation the court shall be found to be no longer desirable. There may be now no good reason for keeping up the distinction between the power of the territory of Arizona over its courts and that of the other territories, but this is a subject for congressional legislation, and not for judicial restraint. ”