In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.
Sunderland, Edson R. "A New Function for Courts—Declaring the Rights of Parties." Cent. L. J. 88 (1919): 6-17. (Originally published under the same title in Proceedings of the Michigan State Bar Association 28 (1918): 143-58.)