I say, then, that, in effect, the commissioner, by this act, has original, final, and exclusive jurisdiction of a “case” “in law,” “arising under the constitution and laws of the United States.” This is the very function of judges and courts.
Mann argues that the commissioner has powers similar to those of judges, which raises concerns about fairness in legal proceedings.
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My instincts, reason, judgment, conscience, may all mislead; but from the first time, now years ago, when I heard this subject broached, my instincts, reason, judgment, conscience, have all been in its favor.
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