Government in the United States, National, State and Local

by James Wilford Garner

The Department of Justice.—The office of attorney-general was created in 1789, and from the first the attorney-general was a member of the cabinet; but for a long time the duties of the office were not extensive, and it was not until 1870 that the office was made an executive department with its present title and organization.

The Attorney-General is the chief law officer of the national government and is the legal adviser of the President and the heads of departments. He represents the United States before the Supreme Court in cases in which it is a party, exercises a sort of administrative supervision over the United States district attorneys and marshals and over the federal penitentiaries, examines applications for pardons, and advises the President in the exercise of his pardoning power. The opinions which he renders on constitutional and legal questions referred to him are published by the government in a series of volumes, and altogether they constitute an important body of constitutional and administrative law. Under the direction of the President he institutes proceedings and prosecutes cases against corporations and persons for violations of the laws of the United States, or directs the district attorneys to do so.

The Post Office Department.—At the head of the post office department is the postmaster-general. He establishes and discontinues post offices, appoints all postmasters whose compensation does not exceed $1,000 a year, issues postal regulations, makes postal treaties with foreign governments, with the approval of the President, awards mail contracts, and has general supervision of the domestic and foreign postal service. There is an assistant attorney-general for the post office department, who advises the postmaster-general on questions of law, has charge of prosecutions arising under the postal laws, hears cases relating to the misuse of the mails, and drafts postal contracts. There are also four assistant postmasters-general, each of whom has supervision over a group of services within the department. The postal service has already been described in chapter xiv.

The Department of the Interior.—The interior department, established in 1849, is one of the largest and most important of the ten executive departments. Next to the post office department, the services which it performs reach more people than those performed by any other department. Its staff of employees at Washington ranks second in numbers only to that of the treasury department. It has charge of the public lands, Indian affairs, pensions, patents, the geological survey, and, to some extent, the government of the territories.

The Public Lands.—Perhaps the most important bureau in the interior department is the General Land Office, which has charge of the public lands, and the care and control of the forest reserves. Before the public lands are sold or otherwise disposed of they must be surveyed. For this purpose there are seventeen surveying districts, in each of which there is a surveyor general.

Disposal of the Public Lands.—The public lands have been disposed of with a somewhat lavish hand. In the early days liberal grants were made to the soldiers of the Revolutionary War. Immense quantities have also been sold at low rates—much of it at $1.25 per acre—in order to encourage settlers to establish homes thereon. Considerable quantities have also been granted to the states for educational purposes and the construction of internal improvements. Beginning with Ohio in 1802, each new state admitted to the Union was given one section in each township for the support of elementary schools, and those admitted after 1850 were given two sections in each township. Under the Morrill act of 1862, 10,000,000 acres were given to the states for the establishment of colleges of agriculture and the mechanic arts. Some of the more recently admitted states were given from one to four townships each for the establishment of universities.[91]

Before the Civil War, large quantities were given to the states for the construction of canals and railroads. Large tracts of the public lands have also been granted to private corporations as subsidies for the building of transcontinental railways. Finally, by an act of 1902, the proceeds from the sale of all public lands in seventeen Western states are set aside for constructing irrigation works in those states.

By the preëmption act of 1841, it was provided that 160 acres of land should be given to any family living thereon for a period of six months and paying $200 therefor. This act was repealed in 1891, but millions of acres were disposed of during the fifty years it was in force.

By the homestead act of 1863, still in force, any head of a family may acquire 160 acres by living on it for three years (it was five years before 1912), cultivating a certain part of it, and paying a small fee.