It is practically impossible to establish in every instance a
plain line of demarcation between legislative, executive and
judicial functions.

Courts, for instance, make rules of practice. In one sense this
is a judicial act, because it is one appropriate for the
judiciary. In another point of view it is an act of legislation.
In nothing does it resemble the act of judging a litigated cause.

Impeachments are both political and judicial proceedings, but
American constitutions leave them wholly to the legislative
department.

Franchises to exist as an artificial person are the proper
subjects of legislative grant, but with the growing insistence in
our Constitutions on absolute equality of right, they are now
almost everywhere given only by general laws. Such a law will
offer incorporation for certain purposes to any who choose to
avail themselves of the privilege by fulfilling certain
conditions and filing certain papers in a public office. But
what shall be the nature of this office, and who shall decide
whether these conditions have been fulfilled and these papers
filed? The legislature may select an executive, a legislative,
or a judicial office. It may entrust this power of decision to
an executive, a legislative, or a judicial officer. It has, in
fact, in some States, entrusted it to a court, and authorized it,
if it decided in favor of those claiming incorporation, not only
to record the decision, but to issue the paper which shows that
they are entitled to possess and enjoy the franchise.