JUSTICE, DEPARTMENT OF. The act of September 24, 1789 (1 Stat. L. 92), organized the judicial business of the United States, made provision for an attorney-general, and charged him with the duty of prosecuting all suits in the supreme court in which the Unit ed States was in anywise Interested, and of furnishing advice and opinions upon all ques tions of law when called upon to do so by the president or the heads of the other execu tive departments of the government. The federal constitution provides that "the ex ecutive power shall be vested in the Presi dent of the United States," and although it does not specify any subordinate ministerial or administrative officers, yet there is an in ferential recognition of such officers in the provision that the president may require the opinion in writing of the principal offi cer in each of the executive departments upon any subject relating to the ditties of his department, and in, the provision for the appointment of certain inferior officers "by the heads of departments." The organiza tion of these departments is by the constitu tion left to the congress, and it was for the purpose of providing for a department which should administer the legal branch of the government that the above act was pass ed; 6 Op. Att. Gen. 327.
The Department of Justice was reorgan ized by act of June 22, 1870. The attorney general is the head of the department; pro vision was made for "an officer learned in the law to assist the attorney-general in the performance of his duties, called the solicit or-general." He assists the attorney-general in the performance of his general duties, and by special provision of law, in the case of a vacancy in the office of attorney-gen eral or in his absence, exercises all of the duties of that officer. Except when the attorney-general otherwise directs, the solic itor-general conducts and argues all cases in the supreme court and in the court of claims in which the United States is inter ested ; and when he so directs, any such case in any court of the United States may be conducted and argued by the solicitor general, and in the same way the solicitor general may be sent by the attorney-gen eral to attend to the interests of the United States in any state court or elsewhere. Pro
vision is also made for three officers learned in the law called assistant attorneys-general, who assist the attorney-general and solicitor general in the performance of their duties. A fourth was provided by act of July 11, 1890. By the act of March 3, 1891, an addi tional assistant attorney-general was created for the purpose of defending the United States in suits brought in the court of claims under that act, for Indian depredations. Of these assistant attorneys-general, one is charged with the defence of the United States in suits brought against the govern ment in the court of claims under its special and general jurisdiction. The solicitor-gen eral and assistant attorneys-general are ap pointed by the president of the United States by and with the advice and consent of the senate, while the assistant attorneys are ap pointed by the attorney-general.
The act creating the Department of Jus tice also provided for a solicitor of the treas ury, an assistant solicitor of the treasury, solicitor of internal revenue, a naval solic itor (abolished June 19, 1878), and an ex. aminer of claims for the Department of State, commonly called the solicitor of the Department of State. They are appointed by the president by and with the advice and consent of the senate, and exercise their functions under the supervision and control of the head of the Department of Justice, al though they are assigned to duty in the re spective departments for which they are ap pointed. There is also provided an assistant attorney-general for the Department of the Interior and for the Post Office Department, who likewise perform their duties under the general supervision and control of the attor ney-general.
The opinions of the attorney-general are published officially and have authority the same in kind, if not in degree, with the deci sions of courts of justice; 6 Op. Att. Gen. 333 ; but see PRECEDENT.
See EXECUTIVE Powm; CABINET.