Show rt THE V THE FuN functions cIrio is OF government the state has three kinds of functions leg legislative isla tive executive execute ve and judicial or the making tho the en cn forcin forc ment ent and tho the interpret interpretation aaion and application of law the exercise of these three functions is government and am the person or bodies by whom these are exercised taken collectively are sometimes called the government overn ment legislative c power deals mainly with the future executive power with the present and judicial power with the past part but each cacti of the three functions may be exercised by a any ny one branch of the government ern erti ment in making and carrying out rules for its own course in the di of its own peculiar duties whenever a power is not distinctly either cither legislative executive or judicial and is not by the constitution distinctly confided to a department part ment of tile government designated signa ted the mode of its exercise and the agency must necessarily be determined by law in other words must necessarily be under control of the legislature the separation of the functions function of government into three distinct departments none of which cao can perform the york work of either of the others gives each department a certain independence which operates as a restraint upon such action of the others as might inight on cn cra on the rights and liberties of the people and makes it possible to establish guarantees against a attempts a at tyranny if legislative a and executive powers are united in the sime same person or even in the same body of magistrates 0 says montesquieu Montee Montes quien in his spirit of laws lairs there is no liberty because people are afraid that the monarch or the senate may make tryan laws in order to administer them tyrannically ni there is no liberty again if the judicial power is not abed from the legislative power the life and death of the citizens may be arbitrarily disposed of for the judge 4 e will be leisla legislators X tors if it is joined to the executive power the judge may have the force of an at ap pres Bor compare also tho the words of washington in his fi farewell rowell address it is important likewise that the hab habit i ts of chinkin thinking g in in a free country should inspire caution in those ini in trusted rusted with its administration to confine themselves within their respective constitutional spheres sphere avoiding 0 in the exercise of tho the powers of one department to encroach upon another the spirit of encroachment tends to consolidate the powers 0 of f the government all in one and thus to create wb whatever alever the form of government a real despotism A just estimate of that love of power and proneness to abuse it which predominates in the human heart is sufficient to satisfy us of the truth of t this his position the necessity of reciprocal checks in the exercise cise of political power by dividing and distributing it into different de tories and constituting each the guardian of the public weal against invasions by the others has been evinced by experiment ancient and modern THE sovereignty OF TITS PEOPLE it is held in parts of continental europe that the executive department with the monarch at its head aud called there thera the government is the highest 0 of the powers of the government the other branches being beina a Rub subordinate ordinate cc there is is says bluntschli a in mistaken view that these different powers are equal lie ile says the government is the ruling and wi without phout doubt the hirr highest hest power dower being related to the others as the head to the limbs of the body our supreme court has stated the american theory thus the authority of the courts is co ordin ate that of the legislature neither superior nor inferior but each with equal dignity must move in its appointed sphere within the L phere of his authority under the constitution the executive is ia independent and judicial process cannot reach him but when lie exceeds his authority or usurps that which belongs to the other departments part ments his orders commands or warrants protect no one and his agents become personally responsible for their acts while his own responsibility if he refuses to regard the judicial determination of what the law is is in in any given case is antho on the one hand to the people and on the other to the process of impeachment in this country all the persons and public bodies forming the legislative executive and judicial departments of the government are representatives of the people are chosen by tile the people directly or indirectly and are answerable to tile pcs pi ifie e 10 toi aty au y oreah 0 alit ar r abare ot ol allf state is chii in ali the ani iian idla idl a entirely in thi hr hands olllie f tile piD pl jt derives all its adt fraim the consent confront of the n crnec it exists only to sedur amirr to its subjects the enjoyment of their inalienable rights G and when it fails to protect or becomes destructive of those rights it is tile tho right of the people to to alter or abolish it the people are within tile the limits they set for themselves and their agents in the constitution even they cannot in theory override the constitution but they must first change it by br methods already prescribed in I 1 it ft it is says the supreme court a law for rulers and for people equally in war and in peace and covers with the shield of its protection all classes of men at all times and under all circumstances no doctrine involving more pernicious consequences was even invented bythe by the wit of man than that any of its provisions can be suspended during any of the great agencies of the government such a doctrine leads directly to or despotism ahe 1 I he people then as an organized whole working through the channels of law and order are arc in n their organized capacity the unorganized they are the foundation of the state and the tb e fountain of all the power exercised by the officers thereof LOCALS after a week s illness miss rate kate cross is again able to attend school the majority of the students will return home to spend thanksgiving ignorance for good often displayed is better than talent long delayed the and literary society will hold bold its next session cession dec ath our esteemed teacher miss lucy hoving is suffering buffering from an attack of la grippe an ali examination of the tho the thou thought 0 bt powers was given in psychology monday our honorable faculty acted with their usual promptitude on the petition that was presented to thorn thom last week the natural philosophy class has just J com completed plated frictional electricity tri city and will now dow take up tile study of current electricity the petition that was circulated among the siu students dents asking that school ho be dismissed next friday was gra granted anted and on that account the Philo matic society will hold no session next friday |