ns liberally[632] in every
case except United States _v._ United Mine Workers,[633] where it was
held that the statute did not apply to suits brought by the United
States to enjoin a strike in the coal industry while the Government
technically was operating the mines.

JUDICIAL POWER EQUATED WITH DUE PROCESS OF LAW

Although the cases point to a plenary power in Congress to withhold
jurisdiction from the inferior courts and to withdraw it at any time
after it has been conferred, even as applied to pending cases, there are
a few cases in addition to Martin _v._ Hunter's Lessee[634] which
slightly qualify the cumulative effect of this impressive array of
precedents. As early as 1856, the Supreme Court in Murray _v._ Hoboken
Land and Improvement Co.[635] distinguished between matters of private
right which from their nature were the subject of a suit at the common
law, equity, or admiralty and cannot be withdrawn from judicial
cognizance and those matters of public right which, though susceptible
of judicial determination, did not require it and which might or might
not be brought within judicial cognizance. Seventy-seven years later the
Court elaborated this distinction in Crowell _v._ Benson,[636] which
involved the finality to be accorded administrative findings of
jurisdictional facts in compensation cases. In holding that an employer
was entitled to a trial _de novo_ of the constitutional jurisdictional
facts of the matter of the employer-employee relationship and of the
occurrence of the injury in interstate commerce, Chief Justice Hughes,
speaking for the majority fused the due process clause of Amendment V
and article III, but emphasized that the issue ultimately was "rather a
question of the appropriate maintenance of the Federal judicial power,"
and "whether the Congress may substitute for constitutional courts, in
which the judicial power of the United States is vested, an
administrative agency * * * for the final determination of the existence
of the facts upon which the enforcement of the constitutional rights of
the citizen depend." To do so, contended the Chief Justice, "would be
to sap the judicial power as it exists under the Federal Constitution
and to establish a government of a bureaucratic character alien to our
system, wherever constitutional rights depend, as not infrequently they
do depend, upon the facts, and finality as to facts becomes in effect
finality in law."[637]

JUDICIAL _VERSUS_ NO