The Supreme Court of the United States has had occasion to
consider this question in connection with the statutes defining
the jurisdiction of the Circuit Courts. It extends to certain
"suits." But what is a suit? It is not necessarily a proceeding
at common law or in equity or admiralty. It may be a statutory
process. "Even," they say, "an appeal from an assessment, if
referred to a court and jury, or merely to a court, to be
proceeded in according to judicial methods, may become a suit
within the act of Congress."[Footnote: Upshur County _v._
Rich, 135 U. S. Reports, 467, 473.] So in regard to a proceeding
by the government to take land for public use on payment of due
compensation, they observe that "the general rule with regard to
cases of this sort is, that the initial proceeding of
appraisement by commissioners is an administrative proceeding,
and not a suit; but that if an appeal is taken to a court, and a
litigation is there instituted between parties, then it becomes a
suit within the meaning of this act of Congress."[Footnote:
_Ibid_., 475.]

In one point of considerable importance express constitutional
provisions generally narrow the jurisdiction of American, as
compared with English courts. Each house of the legislature is
made the final judge of the returns and qualifications of its
members. In England, election contests as to a seat in the House
of Commons has been made by Act of Parliament the subject of
judicial determination. This avoids partizan decisions and is so
far good. It diminishes, however, the independence of the
legislative house in which the seat is contested. This is
jealously guarded by our traditions as well as our Constitutions.