which it publishes from time to time, usually every day.

2. Spectators are admitted to see the daily sessions. 3. Newspaper reporters are furnished facilities for making full and accurate reports.

Privileges of Members. In order that their constituents may not, for frivolous or sinister reasons, be deprived of their services in the legislature, the members of each house are privileged from arrest "during the session of their respective houses, and in going to and returning from the same." Nor can civil suit be brought against them during that time. But they may be arrested for treason (defined in the constitution), felony, or breach of the peace, because if guilty they are unworthy of a seat in the legislature.

And in order that there may be the utmost freedom of speech in the legislature, that any member who knows of wrong being done may feel perfectly free to say so, the constitution of each state provides that "for any speech or debate in either house, they shall not be questioned in any other place."

Compensation.-Members of the legislature receive for their services a salary, which is sometimes specified in the constitution, but which is usually fixed by law. In the latter case no increase voted can be in effect until a new legislative term begins. This proviso is, of course, designed to remove the temptation to increase the salary for selfish ends.

In some countries no salary is paid to legislators, the theory being that with the temptation of salary removed only persons of public spirit will accept election. Our argument is that unless some remuneration be given, many persons of public spirit and possessed of capacity for public service would be

barred from accepting seats in the legislature. In other words, the state wants the services of her best citizens, and does not wish lack of wealth on the part of any competent person to stand in the way.

Prohibitions on Members.-To secure for his legislative duties the undivided attention of each member, the constitution provides that "no senator or representative shall, during the time for which he is elected, hold any office under the United States or the State." In some states, as in Minnesota, the office of postmaster is excepted. And in order that legislators may be freed from the temptation to create offices for themselves or to increase the emoluments of any office for their own benefit, most of the state constitutions provide that no senator or representative shall hold any office under the state which has been created or the emoluments of which have been increased during the term for which he was elected, some even extending the disability a year beyond that.

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Eligibility. To be eligible to the legislature a person must in most states be a qualified voter of the state, and a resident thereof for, usually, one or two years; and shall have resided for some time, usually six months or a year, immediately preceding election, in the district from which he is chosen.

Sole Powers.-The mode of making laws is discussed in another place.* In making laws the houses have concurrent jurisdiction-they both take part. But there are some powers which belong to each house separately, besides the election of officers before mentioned. The house of representatives has in all states the sole power of impeachment,† and in some states of originating bills for raising revenue.

*See "How Laws Are Made," page 344. + For mode of proceeding see page 331.

The power to impeach is vested in the representatives because they seem more immediately in fact as well as in name to represent the people, who it will be remembered are always the complainant in criminal cases. And the senate has the sole power of trying impeachments.* The length of term frees the members from the fear of immediate punishment in case of an unpopular verdict. And if they are right, time will show it. This division of power in cases of impeachment is derived from colonial practice and from the constitution of the United States.

The senate has also the sole power of confirming or rejecting certain appointments of the governor.

Forbidden Laws.-The constitution usually forbids the legislature to authorize any lottery or to pass certain other kinds of laws.

More Direct Action by the People.-Within recent years a movement has begun to secure more immediate control of public matters by the people. This movement is taking four general forms:

1. Direct nominations of candidates for office by the party voters at Primaries, to take the place of nominations by delegate conventions.

2. The Initiative, under which a certain percentage of the voters, by petition, may propose legislation which the proposers believe the legislature has neglected or refused to pass, which proposal the legislature must then act on.

3. The Referendum, under which, in case the legislature still fails to act as proposed under the Initiative, the people (at an election called for the purpose or in connection with a general election) may enact the

* When the governor is being tried, the lieutenant governor cannot act as a member of the court.

desired law directly; or, in case the legislature has enacted a law that seems not to meet popular approval, the people may at an election set the law aside.

4. The Recall, under which an officer may, by direct vote of the people at a special election called for the purpose, be deposed from office before the expiration of his regular term, to take the place of removal from office by impeachment or otherwise as heretofore.

These measures have been adopted in a number of the states. Only experience, perhaps, will show how they will work.

Pertinent Questions.

Define constitution. What is a law? What is meant by common law? Statute law? Equity?

By reference to the comparative legislative table in the appendix, tell the most common name applied to the legislative body; any peculiar names; the names most commonly applied to the respective houses; the usual qualifications of members; the frequency of regular sessions, and the month of meeting most usual. Why is this time of year so uniformly chosen? What relation do you see between the frequency of sessions and the term of members? What is the relation between the terms of the respective houses? How does the number of senators compare with the number in the lower house? What state has the largest house? The smallest? Why is the term senate so common? Look up the derivation of the word. In what section of the country are the terms the shortest? Can you account for this? Which states require the highest qualifications in members?

Find out whether in your state there are any requirements not given in the tabulation. By reference to the legislative manual or other source of information find out any other facts of interest, such as the names of the speaker and other legislative officers; the number of your senatorial district, and the name of your senator; of your representative district, and the name of your representative; what committees are appointed in each house, and on which your local representatives are, and how they came to be selected for these particular committees; how vacancies are filled in the legislature; any contested elections that have occurred in your state and the basis of the contest; some of the important rules of parliamentary practice;

the salary paid members in your state; any cases of impeachment, the charge, and the outcome; other forbidden laws.

If two persons claim the same seat in the senate, who will decide between them? In the lower house? What are the returns, and where are they kept? What appeal from decision is there? If your legislature is now in session, write to your representatives asking them to send you regular reports of the proceedings. Don't expect to get such reports for the whole session, however; that would be asking too much. From the newspapers, report on Monday the principal proceedings of the previous week. Have you ever seen a legislature in session? What is to keep a member of the legislature from slandering people?

State five powers which can be exercised only by the senate. Five, in some states four, which can be exercised only by the lower house.

Are you elegible to the legislature? If not, what legal qualifications do you lack? Could a member of the legislature be elected governor or United States senator?

At the last election did you preserve any of the tickets? Could you secure any of the ballots that were actually used in voting? Why?

CHAPTER XIII.

THE EXECUTIVE BRANCH.

Officers.-The chief executive office in every state is that of governor. There is in each a secretary of state and a state treasurer. Most states have also a lieu tenant governor, a state auditor or comptroller, an attorney general, and a state superintendent of public instruction. In nearly every case these offices are created by the state constitution.

Eligibility. The qualifications required in the governor and lieutenant governor are age, citizenship of the United States, and residence within the State. The age qualification is required because the responsi bilities are so great as to demand the maturity of