ENT

In the present state of civilization society cannot act effectively
for determining and maintaining the line, the equilibrium, between
necessary freedom and necessary restraint, or in short, justice,
except through some governmental organization with power to define and
enforce. Appeals to altruistic sentiments will not suffice. This truth
was recognized by the framers of our federal and many state
constitutions, in naming first among the purposes of government the
establishment of justice.

Any government, however, or rather those entrusted with its
administration, may through mistake or wilfulness do injustice to some
of its subjects. It has often done so in the past and the future is
not free from the danger. The very possession of power excites a
desire to use it, and it is an admitted characteristic of our human
nature that those vested with power, political or other, are prone to
exercise it unduly, to abuse it. Men in authority are often said to be
"drunk with power." Hence to ensure justice the governmental
organization should be such that the limits of the various powers of
the government be carefully defined and its administrators be kept
within those limits.

Some years ago I might have pointed to our own federal and state
governments as the best in form and character for establishing justice
and rested there. In later years, however, the superiority of our
system is questioned, and radical changes are urged, and indeed some
have been made, in the federal system and in that of some of the
states. I feel, therefore, that I should make some defense of the
system, believing as I do that in its general form and character it is
best adapted to secure firmly as much individual liberty of action
and equality of right as is consistent with the welfare of the whole
number, or, in other words, best adapted to secure justice.

It has become a familiar maxim that the functions and powers of
government may all be grouped in three classes or departments,
corresponding to the duties already named: (1) that of determining
what rules and regulations should be observed, what restraints and
duties should be imposed upon its subjects; (2) that of determining
whether in a given case any of these rules, etc., have been violated;
and (3) that of punishing their violation and otherwise enforcing
their observance. These three groups have come to be called the three
powers of government and to be designated as the legislat