10,834

1

etc. Then he goes on to say that, "It will be observed

2

that although the doctrine of separation of government

3

powers between the three great divisions of government

4

is stated in laudatory terms, the implementation, of that

5

great principle to insure the freedom and liberty of

6

the individual citizen is in mandatory terms addressed to

7

each official of the state government."

8

Now, it so happened that what was before the

9

court was a situation dealing with no provision for

10

review of a decision by a state official acting as an

11

administrative officer.

12

Now, the rest of the court of appeals, the

13

majority, said this:

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"In the earlier days of the exercise of

15

governmental powers by administrative bodies, there

16

was widespread fear that the delegating of administrative,

17

legislative and judicial powers or functions to a single

18

agency not only violated the theory of separation of

19

powers but spelled its death knell. Emotional resentment

20

against the rise of administrative power by lawyers and

21

judges rose and resulted in efforts to thwart or destroy