o $10,000 if above that figure.
While this provision presented no questions of its own
constitutionality, it did raise the question of what judges' salaries
could be constitutionally reduced. In O'Donoghue _v._ United
States[106] the section was held inapplicable to the salaries of judges
of the courts of the District of Columbia on the ground that as to their
organization and tenure and compensation, Congress was limited by the
provisions of article III. In Williams _v._ United States,[107] on the
other hand, it was ruled that the reduction was applicable to the
salaries of the judges of the Court of Claims, that being a legislative
court created in pursuance of the power of Congress to pay the debts of
the United States and to consent to suits against the United States. As
such it is not within the provisions of article III respecting the
tenure and compensation of judges.
COURTS OF SPECIALIZED JURISDICTION
By virtue of its power "to ordain and establish" courts Congress has
occasionally created courts under article III to exercise a specialized
jurisdiction. Otherwise these tribunals are like other article III
courts in that they exercise "the judicial power of the United States,"
and only that power, that their judges must be appointed by the
President and the Senate and must hold office during good behavior
subject to removal by impeachment only, and that the compensation of
their judges cannot be diminished during their continuance in office.
One example of such courts was the Commerce Court created by the
Mann-Elkins Act of 1910,[108] which was given exclusive jurisdiction of
all cases to enforce orders of the Interstate Commerce Commission except
those involving money penalties and criminal punishment; of cases
brought to enjoin, annul, or set aside orders of the Commission; of
cases brought under the act of 1903 to prevent unjust discriminations;
and of all mandamus proceedings authorized by the act of 1903. This
court actually functioned for less than three years, being abolished in
1913, as was mentioned above.
The Emergency Court of Appeals of 1942
Another court of specialized jurisdiction but created for a limited time
only was the Emergency Court of Appeals organized by the Emergency Price
Control Act of January 30, 1942.[109] By the terms of the statute this
court consisted of three or more judges designated by the Chief Justice
from the judges of the United States district courts and circuit
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