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the best of their knowledge and conscience, they should not be influenced by fear of personal unpleasantness, injury or wrong resulting therefrom. Nor should they be exposed to the temptation of being turned away from the right path by the prospect of personal gain. Art. I., sec. 6, § 2, prohibits a senator or representative from being appointed to any federal office which was created, or the emoluments of which were increased, during his term of office. It is further provided, that no officer of the United States can be a member of either house of congress as long as he retains his office. A member of congress by accepting any other federal office thereby forfeits his seat, and although his re-election is not forbidden, he cannot take his seat again unless, prior thereto, he resigns his other office. As the members of congress fill a federal office in the broader sense of the word, they come under the provision in art. I., sec. 9, § 7, according to which no federal officer, without permission of congress, can accept from king, prince, or foreign state any " present, emolument, office or title of any kind whatever."
§ 29. The President. In regard to his personal rights, the president occupies no peculiar position. The constitution (art. II., sec. 1, § 6) grants him a salary, with the proviso that it is not to be increased or diminished during his term of office. It also forbids his receiving any other income from the United States, or from any of the states. The salary, originally fixed at $25,000 per annum, was doubled by the act of March 3, 1873.
§ 30. The Judges. The judges also at stated times draw salaries, which cannot be decreased as long as they are in office (art. III., sec. I).1 No personal privileges are
1The salary of the chief justice of the supreme court is $10,500; that of the associate justices is $10,000; that of the circuit judges $6,000; that of the district judges from $3,500 to $1,500; and that of granted them by the constitution, and they are subject to no peculiar legal limitations.
THE FUNCTIONS OF THE GOVERNMENTAL FACTORS.
In order to avoid repetitions, otherwise inevitable, in a discussion of the powers of the governmental factors, their functions will be treated in this section principally on their formal side. Nothing will be said, therefore, about the judiciary, since the constitution contains no provisions of this sort in regard to it. A description of the entire judicial procedure is self-evidently out of place here. As for the executive functions, only those should and need be touched upon which present peculiarities of some kind or other.
§ 31. The General Legislative Functions Of ConGress. The authority of either house of congress to establish its order of business is not unlimited. The constitution contains several provisions as to this, some of which have already been mentioned in another connec
the judges of the court of claims $4,500. It is often said that these salaries are too low, because many lawyers are able to earn much more and there is therefore danger that the jurists best fitted by knowledge and character will no longer be willing to go upon the bench. It has, indeed, already happened that the enormous fees the large railroad corporations pay their attorneys have proved more attractive than the honors of the judiciary, but the latter are still prized so highly that finding fit men has, hitherto at least, been easy. It must, however, be admitted that in general the salaries of officials in the United States, especially of the higher grades, are too low. But raising them might have bad results as long as the principle of "rotation in office" is not given up. Only when an end is put to this folly can the most vigorous talents he expected to devote themselves gladly to the service of the state. Then they will not long be deterred by the low salary, especially if a system of pensions is introduced. Not only might this then be done without danger, but it would be an advantage from every point of view.
tion. There remains to be added that each house must keep a journal of its proceedings, in which the yeas and nays of a vote must be entered, whenever this is demanded by one-fifth of the members present. The journal must be published from time to time, but it is within the discretion of the two houses to suppress those parts which they think it necessary to keep secret (art. I., sec. 5, § 3). It is evident, therefore, that it is not an oversight that the constitution contains no express provisions as to whether the proceedings of congress shall be public or secret. Evidently publicity was intended to be the rule; but it was also intended to leave it wholly to the judgment of congress in what cases and upon what grounds an exception should be made. This corresponds, too, with actual custom. Till February 20, 1794, the senate, indeed, always met with closed doors, but since then the only permanent exceptions to the rule of publicity are the executive sessions, in which the senate performs no legislative duties, but acts as the adviser and controller of the executive. Moreover the obligation of secrecy as to occurrences in the executive sessions is frequently removed. The legislative functions, as far as the ordinary work of the two houses is concerned, are discharged coram publico. When the slavery question frequently brought passions to the boiling point, the "clearing of the galleries" was often demanded, but this was intended simply to secure protection against improper demonstrations of the spectators and was never regarded as a denial of publicity.
§ 32. The Process Of Legislation. The legislative initiative, with a single exception (in favor of the house), which will be mentioned later on, belongs in an entirely equal degree to the two houses of congress. The constitution prescribes no forms which are to be observed in initiating legislation. Their establishment is entirely a matter of the rules adopted by either house. According to these, the preparation of a bill is mainly incumbent upon the standing committees, which, in the house of representatives, are appointed by the speaker, and in the senate are elected by the majorit}-.1 Special committees may
1 In the 48th congress (1883-85), the senate had twenty-nine and the house forty-seven standing committees. For the introduction of a bill the committees require the permission of the respective house. This is, however, usually given either when the committee is appointed or by a permanent provision of the rules. The house must likewise be asked whether it will receive the report of the committee. As a rule the question is not actually put. An affirmative answer is assumed if no objection be made. Many of the customary formalities of the English parliament have been set aside. Minority reports are received as a matter of fact, although really, as a matter of parliamentary law, only the committee as such can report, and, of course, in a strict sense, only one report is possible — that of the majority. It is odd that the committees are bound by their decisions and cannot reconsider them. Cushing's Law and Practice of Legislative Assemblies, $ 1915. The committees need an especial authorization in order "to send for persons, papers and records;" but the examination of voluntary witnesses may take place without such authority. In exceptional cases the committees are authorized, that is directed, to continue their labors after the close of the session. In the house of representatives, in the "morning hour" of Tuesday, Wednesday and Thursday, that is. after the reading of the journal, the standing committees are called upon by the speaker, in regular order, to present their reports and to make motions. An hour's time is given the maker of the report. He usually gives up a greater or less portion of this short time to general debate. The speaker, however, recognizes only those persons who have previously come to a private understanding with the maker of the report, and these only upon their promise to limit their remarks to a certain number of minutes. Immediately before the expiration of the hour the maker of the report demands the " previous question," that is, moves to close the debate, and this demand is generally granted, because it is to everybody's interest that the work of legislation be done in the speediest manner. For each one of them is particularly interested in some other bill, and the whole number of the bills is always so enormous that only a small also be appointed, and each and every individual member, with the consent of his house, may introduce a bill.1 What further treatment a bill once introduced experiences,— when it is taken up for discussion; whether a
fraction of them can ever be disposed of. The great majority are buried forever by reference to some committees, for the committees will not, or cannot, ever report upon them. When the previous question is carried no more amendments are in order, and the maker of the report has another hour for the discussion of the measure before the final vote takes place. An immense number of laws are thus passed in the house in the course of two hours. When a committee is called by the speaker, only the morning hours of two successive days belong to it. If, however, the morning hours of the second day have elapsed without arriving at a conclusion upon the bill in hand, then it becomes "unfinished business," and as such is at the head of the order of the day for the morning hours until it is disposed of. The four committees on printing, elections, ways and means and appropriations hold a privileged position. The remaining standing committees must be content with the time that is granted them by these four. Senator Hoar calculates that, on an average, not more than two hours is accorded each of them during an entire session. This fact is the more significant, since most of the bills are really discus-ed only in committee, and the committees have the right to meet with closed doors. To mention in the house any occurrence in the committee room, except upon the basis of the official report, makes the offender guilty of a " breach of privilege." It is, moreover, quite usual for the committees to examine experts, and as these are, for the most part, specially interested, the laws are based to a large extent upon ex parte testimony, while the whole body of legislation is far removed from anything like uniformity. It is only in regard to the appropriation bills that the house of representatives has retained the character of an advisory body. The appropriations are discussed in committee of the whole; the previous question cannot be moved; and the right to propose amendments is not only formally, but also actually, unlimited. See G. F. Hoar, The Conduct of Business in Congress, in the North American Review, February, 1879, p. 113 et seq.
1 A standing opportunity to do so is presented in the morning hour of Monday. For then the states and territories are called in regular order for this purpose. It is also to be observed that on Mondays, after the morning hours, and on the last ten days of the session, the