“ But it is elementary that where the jurisdiction depends upon the presence of controversies of a particular character, or the existence of prescribed questions or conditions, that substance, and not mere form, is the test of power, and therefore even in a case where the requisite for jurisdiction formally exists, the right to review does not obtain where it is evident that the formal questions, as presented by the record, are so wanting in substance as to cause them to be frivolous and devoid of all merit. ”

“ The right to membership in the council which the statute created, and the power to remove at discretion which it conferred on the Secretary of the Interior, were indissolubly united, and it is impossible to admit the existence of the one without recognizing the other, and therefore to adopt the premise upon which the proposition must rest would be but to destroy the right to continue in office which the proposition is urged to maintain, since the office may not be treated as existing free from the safeguards concerning the discharge of its duties which the statute provides. ”