own state, where, ostensibly at least, government is for the interests of the whole body.

162. But besides securing its members in the rights that are acknowledged as theirs, a state has other almost equally necessary and fundamental functions. We have already seen enough to recognize the fact that a government is not a mere accident. Its existence is necessary and both its form and its functions are historic. Without government a race could not advance beyond the first and primitive conditions of existence, and without the security it affords the individual could be nothing more than a savage. He could acquire, could develop into, none of those things which now go to make the civilized man. But when men are associated in government, when they have combined together to secure for each those rights which can be secured in no other way, it is but natural and necessary that by that same combination they should accomplish many other things. And in fact they always have. There are many necessary or desirable things that men cannot do for themselves acting singly, but that are easily within their reach acting together. Comparatively few members of a community could by their unaided effort give their children a good education. Yet education is a necessity, for without it the progress of the community and the development of the individuals would be impossible. So the state takes charge of education, and large opportunities in this line. are opened to all. Michigan itself has built railroads. and canals, though it does not now own either. It has laid out roads and built many public buildings. Many of the municipalities, which derive their authority from the state, furnish their inhabitants with water, and own electric lighting plants. There is now a disposition

to take up many other things, such as street railways, telephone systems, and gas plants.

163. What then is government? A very simple definition is now possible: It is simply the community, the state, the city, the county, the town, acting through machinery which it has developed, and following forms and methods that have become customary and familiar, and doing those things which can better be done by community action than by individual effort. There is nothing mysterious about it, and it should need among us no superstition for its support. What it should do, what it should not, is simply a question of expediency. It should undertake those things which in the long run are for the best interests of the community, and so for its members; for the best governed community is that in which the welfare of its component individuals is best conserved. As to what those things are experience is in part our guide; in part we must still find out by further experimenting. Everything now seems to indicate that among us governmental functions will greatly expand within the near future.

CHAPTER IX

THE FUNCTIONS OF GOVERNMENT

164. REFERENCES

Woolsey, Part III., chapter IX.-Cooley, Principles of Constitutional Law, chapter III.-Montesquieu, Works: Amsterdam, 1758; Esprit des Lois, Livre XI., Cap. VI.; found in translation in Bohn Library.

165. Having thus seen in a general way what the functions of state are, let us now inquire into the character of the process of governing. Government as we have seen undertakes to regulate men's conduct, not in all respects, that would be impossible, but within the limits of the subjects that government is now accustomed to deal with. The regulation of the conduct of many people can be only by rules to which all must conform. The making of the necessary rules then is evidently the fundamental function. The rules which a government makes are called laws, and the function of making rules is thus the legislative. But if the conduct of men has to be regulated at all, it is evident that the mere making of rules is not enough. The rules are useless unless men are obliged to observe them, and for the very same reason that rules need to be made their observance must be enforced. The making of rules is only half, so to speak, of the process of governing; the other half is their enforcement. This then, the enforcement, the execution, of its regulations, is the second great function that every government must have in order to be government, and is called the

executive. Now it is evident that these two functions every government must have. It must make and enforce its regulations or it does not govern. But it is also evident that when this is done, when rules are made and people are obliged to observe them, the process of governing is complete. Hence the legislative and executive functions, using the words in their broadest sense, are all the functions of government there are, or that are possible.

166. We have seen above the great ends that government is to meet. It must secure certain conduct from the members of the community, or undertake certain measures which they wish carried out. To decide what rules of conduct shall be adopted or what measures shall be undertaken, and in what form, evidently belongs to the legislative function. When this has been decided upon, the enforcement of the rules adopted or the carrying out of the measures decided upon is an executive function. Now, since people are not always what they should be, either in character or intelligence, nor always in accord with regard to what should be done, the executive process must often involve the use of force. Men must be compelled to obey or to submit. Coercion must be applied. But in the application of coercive force, two quite different processes have developed, involving methods so distinct that they have come to be considered as distinct functions, although both are really subdivisions of the executive. This difference in method of procedure will be plain on a little examination. It is evident that when rules of conduct have been laid down, men may on occasion openly refuse to obey them, or when measures have been decided upon they may see fit to resist. In such a case, if government is to maintain

its authority, it must compel compliance by the direct and immediate application of force. Thus as an illustration mobs sometimes interfere with men in their daily occupations. The strong arm of government needs then to be exerted, and force enough should be used to secure those interfered with in their undoubted rights. On the other hand the rules may be violated before the fact is discovered or can be prevented, as in the case of a thief or a murderer. It then devolves upon the authorities to find out who it is that has violated the laws, and to what extent. The only way in which force can now be applied is by way of punishment for the disobedience.

167. Here we have then two distinct cases for the exercise of executive authority. In the first case. coercion is applied at the very moment the offense is being committed; its time is present. In the second case coercion is applied after the act of disobedience; the time of the offense is past, and coercion can only take the form of punishment. From this fundamental difference there necessarily follow great differences in procedure. For when men openly revolt it is in crowds or in masses. The application of force is not as punishment, but to secure submission, and it is not proportioned to the offense, but all the force is used necessary to the purpose in hand. The force employed, while it may be a body of policemen, or a constable or a sheriff with his posse, is in the last resort the military, and continued resistance is war. This kind of coercion is often spoken of as military coercion, and the exercise of it regarded as a distinct function is called the executive.1

1

The use of this word in this sense must be distinguished from its use in the larger sense given above.