Department

(Adj. Departmental.) The departments of government are the 1 F. deinzein, a trader " within " the privilege of a city franchise: deinz, within,

— Skeat. a 1 Bi. Com. 374; 6 Pet. 116, note. 8 Webster's Diet.; 1 Bl. Com. 374. 4 1 Bl. Com. 374. 6 [Merle v. Mathews, 26 Cal. 477 0864). * L. deo-dandum, given to God. legislative, the executive, and the judicial departments. In our system, it is important that these departments be kept separate, that one be not allowed to encroach upon the domain of another.' While a general separation has been observed between the different departments, so that no clear encroachment by one upon the province of the other has been sustained, the legislative department, when not restrained by constitutional provisions and a regard for certain fundamental rights of the citizen which are recognized in this country as the basis of all government, has acted upon eveiything within the range of civil government. 2 The executive business of the general government, under a permission rather than a mandate of the Constitution, is distributed to seven executive "departments " of equal grade.. Administration of the duties of these respective departments is committed directly to a "secretary" or " head," who, with his principal assistants, is appointed by the President as chief executive, with the advice of the Senate. The departments are designated as of — the iuterior,3 justice,* the navy,"^ the post-office,^ state,'' the treasury,^ and war.^ The department of agriculture '" is of subordinate grade. The head of a department is required to exercise judgment and discretion in administering the concerns of his office. He exercises his own judgment in expounding the laws and resolutions of Congress under which he is to act. If he doubts, he may call on the attorney-general for counsel. If the Supreme Court shoiild differ with him as to the construction to be placed upon any of these laws it would pronounce judgment accordingly. But the interference of the courts with the performance of the ordinary duties of the executive departments would be productive of nothing but mischief — such power was never intended to be given to them... The court by mandamtts may direct the doing of a purely ministerial act, but not the exercise of a duty requiring judgment and discretion.'! The heads of departments are the President's authorized assistants in the performance of his " executive " duties, and their official acts, pronaulgated in 1 See Mabry v. Baxter, 11 Heisk. 689-90 (1872). 2 Maynard v. Hill, 125 U. S. 205 (1888). As to the independence of the departments of government, see Si Am. Law Rev. 210-37 (1887), cases. 3 R. S. § 437: Act 3 March, 1849. 4 R. S. § 346: Act 24 Sept. 1789. 0 R. S. § 415: Act 30 April, 1798. e R. S. § 388: Act 8 May, 1794. 7 R. S. § 199: Act 27 July, 1789. s R. S. § 233: Act 2 Sept. 1789. » R. S. § 214: Act 7 Aug. 1789. '» R. S. § 520: Act 15 May, 1862. ' ' Decatur v, Paulding, 14 Pet. 515-17 (1840), Taney, C. J.; United States v. Macdaniel, 7 id. *15 (1833); Kendall u. United States, 12 id. 610 (1638): Litchfield v. the regular course of business, are presumptively his acts.' When the head of a department is required by law to give information on any subject to a citizen he may ordinarily do this through subordinate officers." The supervision which the head of a department may exercise over a subordinate does not extend to a matter in which the latter is directed by statute to act judicially.' See Comity; CoNSTrrc TioNAL; Document, Public; Executive; QovKRNaBNr; Judioiaby; Legislature; Ministerial, 1; Proclamation, 2; Reoulation.