LXXXVIir ADMINISTRATIVE KEPORT [kth. axx. 20 



Judicative department. This department of government is 

 pretty well segregated or dififerentiated from the other depart- 

 ments which we have indicated. Two distinct branches of the 

 judicative department are well recognized, the one l)ranch 

 composed of jnstices of the courts, the other composed of the 

 advocates or attorneys of the courts, who practice before the 

 justices in guiding the ^jrocedure, in marshaling the evidence, 

 and in calling attention to the law and the principles of law 

 which they deem of im[iortance in deciding cases. This side 

 of the court is employed in the support of the interest of the 

 disputants, botli j)arties being represented in this manner, 

 while the justices of the court preside over the hearing and, 

 sometimes with the aid of ancillary jui'ies, render a decision. 

 While the legislature is engaged in the consideration of the 

 princijjles of justice as applied to the people at large, the 

 courts are engaged in tlie application of these i)rinciples to 

 cases wliich arise in dis[)ute. 



Having set forth the nature of the five departments of gov- 

 ernment and explained how they niay be perfectly recognized 

 and yet imperfectlj' dififerentiated in practice, we find it desirable 

 to make some further comment in relation to the importance of 

 complete differentiation in these functions. The founders of 

 the Government of the United States were deeply imbued with 

 the doctrine that the legislative, executive, and judicative depart- 

 ments should be thus differentiated, and it is often held as one 

 of the crowning marks of their wisdom. When we consider 

 the stage of differentiation of function which they found exhib- 

 ited in the governments of the world, and consider their own 

 accomplishment in this respect, it a})pears that a great advance 

 was made in the interest of justice and the })urification of ]iolit- 

 ical life. The fathers of the Repuldicr were confronted b\- tlie 

 very general, though not universal, opinion of mankind, that 

 a repidilicau government would fall by inherent weakness; so 

 they adopted measures in the interest of stability' of govern- 

 ment Mdiich were inconsistent with the principles which they 

 avowed. Again, they had to meet and harmonize the interests 

 of diverse colonies, and were compelled to adopt what have 

 since been called the compromises of the Constitution. For 



