THE DEPARTMENT OF JUSTICE.
The Attorney-General.--The Attorney-General is the legal adviser of
the President and of the heads of the departments. He supervises the
work of all the United States district attorneys and marshals, and is
assisted by the Solicitor-General. Unless otherwise directed, all cases
before the Supreme Court and the Court of Claims in which the United
States is a party are argued by the Attorney-General and the
Solicitor-General.


THE POST-OFFICE DEPARTMENT.

The Postmaster-General.--The Postmaster-General is at the head of
this department. He appoints all of the officers of the department with
the exception of the four assistant postmasters-general and postmasters
of the first class, whose appointments are made by the President with
the consent of the Senate. The Postmaster-General may, with the consent
of the President, let contracts and make postal treaties with foreign
governments.


The Postal Union.--Since 1891 the United States has been a
member of the Universal Postal Union. By this union over fifty
distinct powers became parties to an agreement by which uniform
rates of postage were agreed upon and every facility for carrying
mails in each country was extended to all the others.



THE DEPARTMENT OF THE INTERIOR.

The Secretary of the Interior.--The Interior Department, under the
supervision of the Secretary of the Interior, is one of the most
complex and important of the departments. There are two assistant
secretaries in the department, while at the head of the other offices
are six commissioners and two directors.


The Commissioner of the General Land Office.--The Commissioner
of the General Land Office has charge of all the public lands of
the government, and supervises the surveys, sales, and issuing of
titles to this property.

The Commissioner of Education.--The Commissioner of Education
is the chief of the Bureau of Education. This bureau has charge of
the collection of facts and statistics relating to the educational
systems and to progress along educational lines in the several
States and Territories, and also in foreign countries. The reports
issued by the bureau are of great value to those interested in
education. The commissioner has advisory power only, except in
Alaska. Here he directs the management of the schools.

The Commissioner of Pensions.--The Commissioner of Pensions
supervises the examination and adjustment of all claims arising
under the laws of Congress granting bounty land or pensions on
account of services in the army or navy during the time of war.
That our government has not been ungrateful may be gathered from
the report of the commissioner for 1913. There were in that year
921,000 pensioners, to whom were paid approximately $180,000,000,
or an amount equal to about one-fifth of the total revenues of the
country.

The Commissioner of Indian Affairs.--Prior to 1871 the Indian
tribes were treated as independent nations by the United States,
but by a law of that year the general government was made the
guardian of their interests. The Commissioner of Indian Affairs
exercises a protecting care over these "wards" by directing the
work of the Indian agents and of the superintendents of Indian
schools.

There are some 300,000 Indians on the 150 reservations which are in
the various States and Territories.[54] The lands of these
reservations are held in common; that is, the ownership is tribal
rather than individual. It is the policy of the government,
however, to bring about the allotment of lands "in severally," and
thus to encourage the Indians to adopt an agricultural life. The
Indians are only partially self-supporting. Some tribes derive an
income from funds which are the proceeds derived from the sales and
cessions of their lands. The National government holds this money
in trust for them, and, by direct appropriation, supplies the
money, food, and clothing necessary to complete their support. The
appropriation for the Indians in 1912 was $9,854,000. Over
one-fourth of this sum was spent for their education in Indian
schools, numbering about 300, which are under the direct control of
the department.

[Footnote 54: Report of the Secretary of the Interior, 1910. Within
twelve years 89,000 Indians were granted full rights as citizens.]

The Director of the Geological Survey.--The Director of the
Geological Survey collects much valuable information through the
examination of the geological structure, mineral resources, and
mineral products of the United States. He has charge, also, of the
survey of the forest reserves.



THE DEPARTMENT OF AGRICULTURE.

The Secretary of Agriculture.--The duties of the Secretary of
Agriculture are, "To acquire and diffuse among the people of the United
States useful information on subjects connected with agriculture in the
most comprehensive sense of that word." The activities of the department
are along many lines, as indicated by the names of the bureaus and
divisions.


Bureau of Animal Industry.--Continuous advancement is being
made by the government toward placing the agricultural pursuits
upon a more scientific basis. One of its most important services is
performed in the Bureau of Animal Industry, which inspects the
greater part of the meat products exported to European countries.
The law providing for this inspection was necessary because of the
claim in European markets that diseased meats were shipped from the
United States. An inspection is also provided for live animals
intended for exportation and for animals imported. Much scientific
work is also devoted to a study of the various diseases of animals.

The Division of Seeds.--Over $100,000 are expended each year
by the Division of Seeds in the purchase of "rare and valuable"
seeds, bulbs, and plants. These are distributed free throughout the
country for the purpose of fostering the introduction of new and
more valuable crops.

Public Road Inquiries.--Another important interest is carried
on by the Office of Public Road Inquiries. Here experiments are
made with regard to the best system of road-making and the best
materials to be used for that purpose.

Weather Bureau.--Through the Weather Bureau daily forecasts
and warning of storms are sent to over 50,000 different points,
and storm signals are displayed at 300 places on our coasts. By its
operation, millions of dollars are saved each year to the
agricultural and maritime interests of the country. A recent decree
of the Post-office Department renders the reports of the bureau of
still greater service. Slips of paper having the storm, frost, or
other warnings printed on them are distributed by the rural mail
carriers at the various houses in the districts affected.



THE DEPARTMENT OF COMMERCE.

Nature of the Department.--Because of the nature of the subjects
assigned to this new department, it has rapidly become one of the most
important of the departments. Among the duties of the Secretary of
Commerce are these: to promote the commerce and the mining,
manufacturing, shipping, fishery, and transportation interests of the
United States. The President is given the power to transfer to the
department those bureaus in other departments which are engaged in
scientific or statistical work, the Interstate Commerce Commission and
the scientific divisions of the Agricultural Department being excepted.
The offices which have been transferred are as follows: the Bureau of
Statistics; Census Bureau; Bureau of Standards of Weights and Measures;
Bureau of Navigation; the Steamboat Inspection Service; Bureau of
Fisheries; Coast and Geodetic Survey and Light-house Board. The Bureau
of Corporations was created for the department. The Commissioner of
Corporations is expected to investigate the organization, conduct, and
management of the business of corporations and other combinations
engaged in interstate or foreign commerce, except such carriers as may
be subject to the interstate commerce act.


The Chief of the Bureau of Statistics.--The Chief of the
Bureau of Statistics collects and publishes the annual statistics
on commerce. These reports are of such a character that they are
invaluable to the President in the preparation of his messages; and
they are used extensively by the heads of departments, members of
Congress, and the public. Tariff laws, special legislation for
particular industries, and all international trade treaties are
also based on these compilations. The greatest demand is for the
Annual Statistical Abstract, which presents in a condensed form the
history of the commerce of the United States for a number of
preceding years.

The Superintendent of the Coast and Geodetic Survey.--This
officer superintends the survey of the coasts and rivers of the
United States. He has charge of the publication of charts and
sailing directions which are of inestimable value to mariners.

The Light-House Board.--The Light-house Board has charge of
the light-houses, of which 1199 had been established previous to
the year 1899, besides the light vessels and beacons used for the
protection of navigation.



THE DEPARTMENT OF LABOR.

On March 4, 1913, the bill was signed by the President which created the
Department of Labor. It is evidence of the spirit manifested by the
Americans to make their government serve the cause of human
conservation. Besides the Bureau of Information, which was created for
the department, there were transferred from other departments the Bureau
of Immigration[55] and the Children's Bureau. The Division of
Naturalization was made a bureau, and the Bureau of Labor was
constituted the Bureau of Labor Statistics.

[Footnote 55: In 1912 there were 838,172 immigrants to the United
States, and 2853 were refused admission. Of these there were 767
paupers, 31 contract laborers, 749 diseased persons.]

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Does the President select the members of his Cabinet from among
former members of Congress? Would this be desirable?

2. Have the members of the Cabinet ever been allowed to appear before
Congress in the interests of their own departments? Would this be
desirable? Walker, The Making of the Nation, 92; Bryce, American
Commonwealth, I, Chapter 9; Atl. Mo., 65:771-772.

3. Who are now the heads of the executive departments? Were they
prominent in National affairs before they were selected for these
positions?

4. In 1901 a bill was introduced in the House of Representatives which
provided for an increase of the annual salary of the Vice-President to
$25,000, and that of each member of the Cabinet to $15,000. What reasons
can you give for or against such a change?

5. What was the history of the State Department prior to 1789? Harrison,
This Country of Ours, 182-187.

6. Give a list of the Presidents who have been Secretaries of State. How
do you account for this policy in the first years of our government, and
not at a later time? Name some of the other prominent Secretaries of
State.

7. Who are our ambassadors? Can you give the name of any foreign
ambassadors in Washington? See Congressional Directory.

8. The methods by which our ministers are selected, take possession of
their offices, and are presented at foreign courts, are described in
Curtis, The United States and Foreign Powers, 15-21.

9. The duties of ministers. Curtis, The United States and Foreign
Powers, 22-26.

10. Are our ambassadors given adequate salaries? Curtis, The United
States and Foreign Powers, 13, 14.

11. From a consular report learn what the duties of a consul are?
Curtis, The United States and Foreign Powers, 30-33.

12. For an account of our consular service, a comparison with that of
other nations, and a consideration of some of the weaknesses in our
system, see Curtis, The United States and Foreign Powers, 28-30.

13. A business man and the consular service. Century Mag., 60: 268-271.

14. Abuses in our consular system arising through appointment. Atl Mo.,
85:455-466, and 669-683.

15. A plea for consular inspection. Forum, 30:28-34.

16. What is the great seal of the United States, and what is its use?
Harrison, This Country of Ours, 199-200.

17. What is the particular work of the Marine Department? of the
Steamboat Inspection Service? of the Marine Hospital? Lyman J. Gage,
Organization of the Treasury Department, Cosmopolitan, 25:355-365.

18. What is the work of the Bureau of Engraving and Printing? Spofford,
The Government as a Great Publisher, Forum, 19:338-349.

19. What is the extent of our merchant marine? Should it be increased?
Statistical Abstract of the United States, 1900, 437-450.

20. From the appendix to the last Finance Report get the chief points
connected with the work of the following officials: Treasurer, Chief of
the Secret Service Division. A good description of the Treasury
Department is given in Scribner's Mag., 33:400-411.

21. From the last report of the Bureau of Statistics find answers for
the following: The expenditures of the government in the different
departments; value of merchandise imported and exported; amounts of
corn, wheat, cotton, wool, and iron produced, imported, and exported;
the chief nationalities of immigrants, and comparison of the total
number with previous years.

22. Are our coasts well defended? Harrison, This Country of Ours, 225.

23. Describe the work of the President, Secretary of War, Secretary of
the Navy, and of the other Cabinet officers at the outbreak of war.
Cosmop., 25:255-264.

24. For illustrated articles on education at West Point and Annapolis,
see Outlook, 59:825-837, 839-849.

25. Comparison of our pension system with that of other nations. Forum,
33:346-348.

26. Defects in our pension system. Forum, 31:670-680.

27. Changing character of the immigration to the United States. Rev. of
R's, 24:723, 724.

28. Why the Chinese should be excluded. Forum, 33:53-59.

29. Why the Chinese should be admitted. Forum, 33:50-68.

30. Influence of the allotment of land on the Indian. Forum, 34:466-480.

31. Results of the work of experiment stations. Scribner's Mag.,
31:643-660.

32. For accounts of the new Congressional Library, see Century Mag.,
53:682-694; 694-711; Atl. Mo., 85:145-158; Cosmop., 23:10-20.

33. What is the special value of the work of the Bureau of American
Republics? Forum, 30:21-27.

For other questions and references on the topics in this chapter,
consult Government in State and Nation, 259, 260.




CHAPTER XVI.


THE NATIONAL JUDICIARY.

ARTICLE III.

Establishment of an Independent Tribunal.--Alexander Hamilton
characterized the lack of a judiciary as the crowning defect of
government under the Confederation. If we consider the nature of our
present government, it is easily seen that some form of independent
tribunal is necessary. We have a central government exercising complete
control over National affairs and foreign relations and, at the same
time, the State governments with equally complete control over questions
arising within their limits. If differences arise, then, as to the
authority of National or State government over a given question, how are
these disputes to be settled peaceably? After a brief discussion, the
problem was answered in the Constitutional Convention by the formation
of a Federal judiciary.

Organization of the Judiciary.--The organization of the judiciary
is provided for as follows: Section 1. _The judicial power of the United
States shall be vested in one Supreme Court, and in such inferior courts
as the Congress may from time to time ordain and establish. The judges,
both of the Supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office._

In 1789 Congress provided that the Supreme Court should consist of a
chief justice and five associates. Circuit and district courts were also
established. The Supreme Court at present consists of the chief justice
and eight associate justices. It holds one session annually, at
Washington, beginning on the second Monday in October and continuing
until about May 1.


District Courts.--The territory of the United States has been
divided into judicial districts, none of them crossing State lines
and each having a district court. New York and Texas have each four
districts; Alabama, Pennsylvania, and Tennessee three each;
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky,
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio,
Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two
each; and the remaining States have each a single district. Alaska
and Hawaii constitute a district. Generally there is a judge for
each district, but a single judge is at times assigned to two
districts.


United States District Attorneys and Marshals.--A district attorney
and marshal are appointed by the President for each district court. The
United States district attorney is required to prosecute all persons
accused of the violation of Federal law and to appear as defendant in
cases brought against the government of the United States in his
district. The United States marshal executes the warrants or other
orders of the United States district court, and, in general, performs
duties connected with the enforcement of the Federal laws which
resemble the duties of sheriffs under State laws.

Circuit Courts and Courts of Appeals.--Established by the act of
1789, each circuit court was at first presided over by a justice of the
Supreme Court and a district judge. The policy was to have as many
circuit courts as there were justices of the Supreme Court. It was not
until 1869 that a circuit judge was provided for each of the nine
circuits. By an Act of Congress during the year 1911, in response to the
agitation for a simplified Federal judicial system and greater
expedition in the hearing of cases, the circuit courts were abandoned.
Judges of these courts were transferred to the circuit courts of
appeals. The circuit courts of appeals consist of three judges each, any
two constituting a quorum. Supreme Court judges and district judges may
sit in these courts. The Court of Claims was established in 1855 and
consists of a chief justice and four associates. It holds an annual
session in Washington.

Terms and Salaries of the Judges.--That the judiciary should be
independent of parties and of other influences cannot be questioned.
Hence the wisdom of the provision that United States judges shall hold
their offices during good behavior and shall receive a compensation for
their services which shall not be diminished during their continuance in
office. Judges of the United States courts are appointed by the
President with the consent of the Senate.

By an Act of Congress of 1911 the salary of the Chief Justice was fixed
at $15,000 per annum; that of associate justices, $14,500; and district
judges, $6000.

Jurisdiction of the National Courts.--We are next to consider the
jurisdiction of the several courts that have been described.

Section 2, Clause 1. _The judicial power shall extend to all cases, in
law and equity, arising under this Constitution, the laws of the United
States, and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public ministers
and consuls;--to all cases of admiralty and maritime jurisdiction;--to
controversies to which the United States shall be a party;--to
controversies between two or more States;--between a State and citizens
of another State;--between citizens of different States;--between
citizens of the same State claiming lands under grants of different
States, and between a State, or the citizens thereof, and foreign
states, citizens or subjects_. A careful consideration of this clause
shows the wide extent of the powers of the United States courts. It
shows also the desirability of having all such cases under their
jurisdiction rather than under the authority of the State courts.
Associate Justice Brewer wrote, with reference to the influence of the
decisions of the Supreme Court on the history of the country:[56] "Its
decisions have always been in harmony with and sustaining the
proposition that this republic is a nation acting directly upon all its
citizens, with the attributes and authority of a nation, and not a mere
league or confederacy of States. The importance of this cannot be
overestimated, and will be appreciated by all who compare the weakness
of the old confederacy with the strength and vigor of the republic under
the present Constitution."

[Footnote 56: "The Supreme Court of the United States," _Scribner's
Mag_., 33:275,276.]


Suit against a State by a Citizen of Another State.--In the
notable case of Chisholm vs. Georgia in 1793, Chisholm, a citizen
of North Carolina, began action against the State of Georgia in the
Supreme Court of the United States. That court interpreted the
clause as applying to cases in which a State is defendant, as well
as to those in which it is plaintiff. The decision was received
with disfavor by the States, and Congress proposed the Eleventh
Amendment to the Constitution, which was ratified in 1798 and is as
follows:--

_The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the United States, by citizens of another State, or
by citizens or subjects of any foreign state_.


Original and Appellate Jurisdiction.--Clause 2. _In all cases
affecting ambassadors, other public ministers and consuls, and those in
which a State shall be a party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall make_.

The Supreme Court has original jurisdiction in "all cases affecting
ambassadors, other public ministers and consuls, and those in which a
State shall be a party." Original jurisdiction means that these cases
may be begun in the Supreme Court. Other cases are brought to the
Supreme Court from the inferior United States courts or from the
supreme courts of the States and Territories by appeal. In such cases
the Supreme Court is said to have appellate jurisdiction.

Jurisdiction of the Inferior Courts.--It is difficult in brief
space to define minutely the province of each court The following
accounts, therefore, give only a general description:--


The circuit courts of appeals are given final jurisdiction in
certain cases appealed to them from the district courts, such as
those arising under the patent, revenue, and criminal laws, as well
as admiralty and other cases in which the opposing parties to a
suit are an alien and a citizen, or are citizens of different
States. There is reserved to the Supreme Court the decision of
cases involving constitutionality.

The circuit courts of appeals have the final decision in nearly all
other cases involving merely the application of ordinary law.

The jurisdiction of the district courts embraces criminal cases,
admiralty cases, bankruptcy proceedings, suits for penalties, and
the like. In general, the jurisdiction of cases formerly in the
circuit courts was transferred to the district courts when the
circuit courts were discontinued.

The Court of Claims "shall hear and determine all claims founded
upon any law of Congress, or upon any regulation of an executive
department, or upon any contract, express or implied, with the
government of the United States, which may be suggested to it by a
petition filed therein; and also all claims which may be referred
to said court by either house of Congress."[57]


[Footnote 57: Statutes at Large, 612.]

Trial by Jury.--The right of trial by jury in all criminal cases
had been insisted upon by Englishmen for centuries prior to the
formation of our Constitution. There were two branches to the system,
the grand and the petit juries. Each performed the same duties as they
do now. The Constitution provides in Section 2, Clause 1, that

_The trial of all crimes, except in cases of impeachment, shall be by
jury, and such trial shall be held in the State where the said crime
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
directed_.

This clause was attacked by the opponents of the Constitution in the
State conventions. It was believed that the Constitution did not furnish
adequate safeguards against unjust prosecutions. Because of this
agitation, Congress, in its first session, proposed Amendments V, VI,
VII, and VIII, which were duly ratified by the several States.

Amendment V. _No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury, etc._[58]

[Footnote 58: See Appendix A.]

Authorities have had difficulty in giving an exact definition of an
infamous crime. That given by Judge Cooley is the most satisfactory. He
says: "But the punishment of the penitentiary must always be deemed
infamous, and so must any punishment that involves the loss of civil or
political privileges."

The Grand Jury.--A grand jury consists of from twelve to
twenty-three men. They sit in secret, and no accusation can be made by
them without the concurrence of at least twelve. An indictment is a
written accusation of an offense drawn up by a prosecuting officer on
behalf of the government and laid before the grand jury. "A presentment
is an accusation by a grand jury of an offense upon their own
observation and knowledge, or upon evidence before them, and without any
bill of indictment laid before them at the suit of government."[59] In
the case of a presentment, the party accused cannot be held to trial
until he has been indicted. After hearing the evidence, if the grand
jury concludes that the accusation is not true, they write on the back
of the bill, "Not a true bill" or "Not found." The accused, if held in
custody, is then given his freedom, but he may be again indicted by
another grand jury. If the grand jury decides that the accusation is
true, they then write on the back of the bill, "A true bill" or "Found."
The indicted person must be held to answer the charges made against him.

[Footnote 59: Story, "Commentaries on the Constitution," Sec. 1784.]

Rights of the Accused.--Amendment VI. _In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed, etc. _(See Appendix A).

Amendment VII. _In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the
common law._

The accused must be given a public and speedy trial before an impartial
jury, known as the petit jury, consisting of twelve men from the
district wherein the crime was committed. The decision must be unanimous
before a verdict can be rendered. The accused is given a copy of the
indictment in which the nature of the accusation is clearly set forth
and is granted time in which to prepare for his defense. Equally just
and significant are the provisions that he shall be confronted by the
witnesses against him, may compel the attendance of witnesses in his
favor, and may employ counsel for his defense. In case he is not able to
pay for his own counsel, the judge appoints one whose services are paid
for out of the public treasury. If the verdict has been rendered by a
jury and the judgment pronounced, the accused cannot be again brought to
trial on the same charge.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What are the names of the members of the Supreme Court at present?
Congressional Directory.

2. How large is the district in which your home is located? Who are the
judges? Congressional Directory.

3. Under what conditions may a case be appealed from the supreme court
of the State to the United States Supreme Court? Bryce, American
Commonwealth, I, 228-230 (232-234).

4. How is the fact that conflicts between the authority of the Federal
and the State courts do not arise, accounted for? Bryce, I, 234-235
(238).

5. Are the United States Courts influenced in their decisions by
politics? Bryce, I, 259-261 (265-267).

6. Define treason and the punishment therefore. Constitution, Art. III,
Sec. 3, Clauses 1 and 2. See Government in State and Nation, 268, 269.

7. Describe the influence of John Marshall as Chief Justice.

(_a_.) John Marshall, American Statesmen Series, Chapters X and XI.

(_b_.) Bryce, I, 261 (267).

(_c_.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172:191-204.

(_d_.) John Marshall, Atl. Mo., 87:328-341.

8. Show how the development of our Constitution by interpretation has
been brought about. Bryce, I, 366-375 (376-385).

9. What has been the influence of the Supreme Court in the history of
our nation? Scribner's Mag., 33:273-284.




CHAPTER XVII.


TERRITORIES AND PUBLIC LANDS.

The History of Territories.--The first Territories of the United
States were formed in the region lying north of the Ohio River and east
of the Mississippi River. Here several of the original States (viz.,
Massachusetts, Connecticut, New York, and Virginia) had had claims,
which they ceded to the general government during the period of the
Confederation. This region was given the name Northwest Territory. It
was governed under the Ordinance of 1787 enacted by Congress for this
purpose. As settlers came into this region, Congress passed special acts
for the government of the different Territories that were erected where
now we find the States of Ohio, Indiana, Illinois, Michigan, and
Wisconsin.

In like manner, the region lying south of Kentucky was ceded to the
United States by the Carolinas and Georgia, and was then formed into
Territories and governed by Congress. Next, the Louisiana Purchase,
Florida, the Mexican Cession, and the Oregon Territory came under the
control of Congress; a succession of Territories was thus created, all
of which have now been admitted into the Union as States. In the
government of these Territories, Congress has acted in accordance with
an important power granted to it by the Constitution.

Article IV, Section 3, Clause 3. _The Congress shall have power to
dispose of and make all needful rules and regulations respecting the
territory or other property belonging to the United States._

The Government of Territories.--Our Territories at present are
Alaska, Porto Rico, and Hawaii.

The governing authorities in each are: (1) a governor, appointed by the
President, with the consent of the Senate; (2) administrative
officers--secretary, treasurer, auditor, attorney-general,
adjutant-general, and superintendent of education, all appointed in the
same way; (3) a legislature consisting of two houses, the members of the
lower house, at least, being elected by popular vote; (4) a system of
courts in which the judges are appointed by the President and Senate.