as may be, and acting as a check upon the others, is one of the modes of limitation.

The law-making, the law-interpreting, and the lawenforcing departments are called respectively the legislative, the judicial, and the executive depart

ments.

CHAPTER XII.

THE LEGISLATIVE DEPARTMENT.

Bicameral System. - The legislature of every state consists of two chambers or houses. The upper one is in every case called the Senate; the lower, in almost every case, the House of Representatives.

The reason for having two houses is that the state governments are modeled after that of the United States, which has two houses in its legislative depart

ment.

The advantages to be derived from having two houses are numerous. Perhaps the only one which it would be wise to mention here is that it tends to prevent hasty legislation, because under this arrangement a bill must be considered at least twice before passage.

Apportionment.-As the population of a state is changeful, the constitution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the constitution, by the legislature itself. A re-apportionment is usually made every five years, after a census by the state or general government. The number of senators usually ranges between thirty and fifty; that of representatives from seventy-five to one hundred and fifty.

Meeting. The legislature meets biennially in most of the states. People are beginning to understand that they may suffer from an excess of legislation. Some of the English kings used to try to run the government without parliament, and frequent sessions of parliament were then demanded as a protection to popular rights. Hence our forefathers instinctively favored frequent sessions of the legislature. But such necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions.*

Election.-Senators and representatives are both elected by the people. In some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative, the senate districts being of course the larger. In other cases, the state is divided into senate districts only, and each senate district chooses one senator and an assigned number of representatives. The former plan prevails in Wisconsin, for instance, and the latter in Minnesota. The number of representatives chosen in a senatorial district varies from one to half a dozen, dependent upon population. Illinois has a peculiar, and it would seem an excellent, plan. The state is divided on the basis of population into fifty-one parts as nearly equal as possible. Each of these districts may elect one senator and three representatives. In voting for representatives, a person may if he chooses mass his three votes on one candidate, or give them to two or three. The purpose is to enable a party in the minority by massing their votes to secure some representation.

Term.-The length of term of legislators usually

* Extra sessions may be called by the governor.

depends upon the frequency of sessions. The general principle seems to be that representatives shall serve through one session and senators through two. How long, then, would you expect the respective terms to be in states having annual sessions? In states having biennial sessions? By reference to the comparative legislative table confirm or reverse your judgment.

Vacancy.-In case of a vacancy in either house the usual rule is for the governor to order a new election in the district affected by the vacancy.

Individual House Powers.-Each house has certain powers conferred by the constitution having for their object the preservation of the purity and independence of the legislature. Among these are the following:

1. Each house is the judge of the election, returns, and qualification of its own members. Each person elected to either house receives from the canvassing board of the district through its clerk a certificate of election, which he presents when he goes to take his seat. Should two persons claim the same seat, the house to which admission is claimed determines between the contestants. The contest may be based, among other things, upon fraud in the election, a mistake in the returns, or alleged lack of legal qualification on the part of the person holding the certificate. Into any or all of these matters the house interested, and it only, may probe, and upon the question of admission it may pass final judgment.

2. Each house makes its own rules of procedure. These, usually called rules of parliamentary practice, you can find in the legislative manual. Upon their importance as related to civil liberty, consult Lieber's Civil Liberty and Self-Government.

The power to preserve order applies not only to members but to spectators also. Disorderly spectators may be removed by the sergeant-at-arms; on the order of the presiding officer such persons may be placed in confinement during the remainder of the daily session.

Unruly members are as a general thing simply called to order. For persistent disorder they may be reprimanded or fined. But in extreme cases they may be expelled. To prevent a partizan majority from trumping up charges and expelling members of the opposite party, it is a common constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.

3. Each house chooses its own officers. Each house has a presiding officer, several secretaries or clerks, a sergeant-at-arms, a postmaster and a chaplain. The sergeant-at-arms usually has a number of assistants appointed by himself, and there are a number of pages appointed by the presiding officer. These, however, hardly count as officers. The only exception to the rule enunciated is in those states having a lieutenant governor, who is ex officio president of the senate. Even in that case, the senate elects in case of a vacancy, the person so elected being chosen from among their own number and receiving the title of president pro tempore.

Quorum.—It would hardly be possible for all members to be present every day, therefore a number less than the whole should have authority to act. But this number should not be very small. The several constitutions fix the quorum for each house, usually at a majority of the members elected to it. But a smaller number has power of adjournment from day to day, so that the organization may not be lost; and it may

compel the attendance of absent members, by sending the sergeant-at-arms after them.

Publicity. On the theory that legislators are servants of the people, we would naturally expect the proceedings to be made public. And so they are. Publicity is secured in the following ways:

1. In accordance with constitutional provision, each house keeps a journal of its proceedings which it publishes from time to time, usually every day.

2. Spectators are admitted to witness the daily

sessions.

3. Newspaper reporters are admitted, and 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 mem bers 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,* 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 order that there may be no doubt as to the nature of treason, it is defined in the constitution. The definition is taken from the U. S. Constitution, which see.