Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-09-02
THE DEPARTMENT
OF JUSTICE
Major w. H. H.
Llewellyn Gives
Historical Review
VERY INTERESTING ADDRESS
1t Was a Feature of the
Speeche. Delivered at Bar
Association Meeting.


Association Meeting.
The Department Of Justice" be.
ing a historical review of this most
important branch Of the United
States government, was the subject of
an address delivered before the New
Mexico Bar Association at its second
days session yesterday by Major ".
II. Fl. Llewellyn, a special assistant
to the U. s. attorney general. 1t was
well prepared and well thought-out
treatise and the New Mexican gives
the address in full herewith as It is of
general interest, not only to lawyers,
but to those who like to keep posted
on the various departments of the fed
eral government Major Llewellyn
said.
An address upon the Department
OF Justice must of necessity be to
Ia great extent recitation of the cur.
rent history of that department and
also to considerable extent, statis-
tical.
Prior to 1870 there was no such
thing as Department of Justice in
our government, but the Office Of the
attorney general was one of the four
cabinet offices, so-called. which were
created in 1889. From the Office of at
torney general there developed
legal department which was called
until 1870 the attorney generals OF.
fice.'
"The convocation of the first Con.
gress of the United States at New
York on March 4th, 1889, was largely
devoted to the enactment of statutes
to provide the machinery for the fed
eral government as contemplated by
the constitution: The Revenue Law,
a law relating to registering and
clearing vessels and governing the
coasting trade; creating the army and
the executive departments and the
great judiciary act; the Department
|of Foreign Affairs, with a secretary
of foreign affairs (Which designations
were by the act of September 18th OF
said year changed to Department of
State and Secretary of State) was
created by the act of July 9th, 1889;
the War Department with secre-
tary, by the act Of August 7th; and
the treasury department, with sec.
retary, by an act of September I'd, of
the same year.
"The constitution provides, third
article, as follows: The judicial pow
er of the United States shall be vest
ed in one supreme court, and in such
inferior courts as the Congress may,
from time to time, ordain and estab-
lish, '--etc. A bill to carry into ef-
feet these constitutional provisions,
Establishing the judicial courts of the
United States was passed by Con-
gress and received the Presidents S
approval on September oath, 1889.
This law, known as the judiciary act,
provided for supreme court to con-
sist of chief justice and five asso-
ciate justices; divided the United
States into thirteen districts and
three circuits; created the circuit and
district courts and defined and pre-
scribed their Jurisdiction and proceed
ure; provided for the appointment o.
United States district attorneys and
marshals; and finally created the Of
flee of attorney general and pre-
scribed his duties in the following con
cluding paragraph:
creation of Office Of Attorney General
And there shall also be appointed
a meet person, learned in the law, ID
act as attorney general for the Uni
ted States, who shall be sworn OF
affirmed to faithful execution OF his
office; whose duty 1t shall be to prose
cute and conduct all suits in the su
|preme court in which the United
States shall be concerned, and to
lgive his advice and opinion upon ques.
tions of law when required by the
president Of the United States, OF
when requested by the heads Of any
of the departments, touching any mat
ters that may concern their depart
ments, and shall receive such com
,pensation for his services as shall by
law be provided
Il THE Office of attorney genera
Having thus been created, a step II
the right direction was made, but, un
fortunately, the attorney general had
no supervision over the United States
district attorneys or suits affecting
the United States in the inferior
courts; no quarters were provided fol
the attorney general, nor had he any
clerical force at his disposal. His Of
, flee was the fourth cabinet ONCE Il
the order of creation, the Offices q
, postmaster general, secretary Of ths
/ navy, secretary Of the Interior secre