[137] Ibid. 545-546.
[138] Ibid. 545. Chief Justice Hughes in a dissent joined by Justice Van Devanter and Cardozo took the position that the plenary power of Congress over the District is complete in itself and its power to create courts in the District is not derived from article III. Consequently, they argued that the limitations of article III do not apply to the organization of such courts. The O'Donoghue Case is discussed in the opinions of Justices Jackson and Rutledge and in the dissent of Chief Justice Vinson in National Mutual Insurance Co. v. Tidewater Transfer Co., 337 U.S. 582, 601-602, 608-611, 638-640 (1949).
[139] 6 Wheat. 264 (1821).
[140] Ibid. 378.
[141] Miller, Constitution, 314, quoted in Muskrat v. United States, 219 U.S. 346, 356 (1911).
[142] 9 Wheat. 738, 819 (1824).
[143] 2 Dall. 419, 431, 432 (1793).
[144] In re Pacific Railway Commission, 32 F. 241, 255 (1887). Justice Field repeated the substance of this definition in Smith v. Adams, 130 U.S. 167, 173-174 (1889).
[145] 219 U.S. 346, 357 (1911).
[146] Ibid. 361-362. Judicial power is here defined by Justice Day as "the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction." Ibid. 361.