24

21

pursuance to Constitution. Case was in
ejectment & district court awarded verdict
to deft. and was reversed by court of appeals.
Sup. Ct. reversed.
Held: Constitution dealt in general language.
3d article of Constitution states that judicial
power of U.S. shall be vested in one supreme
court and such inferior courts as Congress
may, from time to time ordain & establish.
Congress must vest the whole judicial power.
If congress omitted to establish inferior
courts, in many enumerated cases the
judicial power could nowhere exist.
② Next question is as to the cases to which
it shall apply. Constitution says judicial
power shall extend to all the cases enumerated
in the constitution. Admitted that Congress
may constitutionally omit to vest the judicial
power in courts of U.S., it cannot be denied
that when it is vested it may be exercised to
the utmost constitutional extent.
③ Question as to the nature and extent
of the appellate jurisdiction of the U.S.
Constitution gives supreme court appellate
jurisdiction in all cases where it has not