The Okie Legacy: 1870, The Department of Justice

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Volume 19 , Issue 4

2017

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1870, The Department of Justice

There was an interesting article in The Daily Milwaukee News, Milwaukee, WI, dated 22 June 1870, Wednesday, page 4: "The Department of Justice." As Mrs. Throllope said back then, "The biggest and the best," and still growing, and if we only grow in wisdom and grace as we grow in years, numbers and extent, the legislation and creation of departments and bureaus may be "All for the best."

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This was back in time when a new cogwheel was added to the executive gearing, in the shape of a bill to establish the department of justice. It had passed both houses of congress, and only required the signature of President Ulysses S. Grant to become a law.

The first section established the new 'department of justice,' of which the attorney general was to be the head, and fixed the salary and duties of that officer.

The second transferred to the new department of justice from their old departments, the solicitor of the treasury and his assistants, the solicitor of internal revenue, solicitor and naval judge advocate general, with their clerks, messengers and laborers.

Fourth - All questions of law submitted to the attorney general for his opinion, except questions involving a construction of the Untied States Constitution, may be by him referred to his subordinates.

Fifth - Provides that when he attorney general deemed it necessary he may require the solicitor general to argue in any case in which the government is interested before the court of claims, and empowers the attorney general to conduct and argue in any court of the Untied States, any case in which the government is interested or send the solicitor general, or any other officer in the department of justice to do so.

Section 6 - Questions of law arising out of the war or navy department, not otherwise provided for, to be sent to the attorney general and by him referred to the proper officer.

Section 7 - Referred all duties, formally enjoined by act to change the organization of the post office department passed July 1, 1836, upon the auditor of that department, to the new department of justice.

Section 8 - Empowers the attorney general to make rules and regulations for the management of the business of the department.

Section 9 - and the remaining portions of the bill relate to the tenure of offices in the department, officer's salaries, making annual reports, finding suitable rooms in the treasury buildings necessary to accommodate officers and clerks of the department, printing of law opinions required within the department; and other detail for the carrying of the business of the department into effect.

Section 19, and last enacted that the act shall take effect and be in force from and after the first day of July, 1870.
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