both houses over their respective members are counterbalanced by the far-reaching immunity granted the members as to all other courts and public authorities by the next section, the sixth. The clauses in point are: The senators and representatives "shall in all cases be privileged from arrest "— treason, felony and breach of the peace excepted-"during their attendance at the session of their respective houses," and they shall not be called to account at any place whatsoever "for any speech or debate in either house." The word session is to be understood as meaning the whole session, and it includes the time "eundo et ad propria redeundo." So, too, the word arrest must not be interpreted here in its strictest sense. Summonses to appear as a witness or juror, under penalty, are not regarded as arrests. Again, the second clause is not, according to one view of it, to be interpreted in its strict verbal sense. The immunity is not limited to the speeches and debates. It extends also to the votes cast, the reports made, and in general to every official act as a member of one of the two houses.

In the case already cited of Kilbourn vs. Thompson, the supreme court dismissed the suit against the members of the committee which had issued the summons and declared the sergeant-at-arms alone liable. It is not, therefore, entirely without doubt how the clause is to be interpreted from the other standpoint. It is admitted that the privilege relates only to what is said or done sergeant-at-arms is such a breach of its privileges, then the beating of a member is naturally much more so. But in the more recent decision the supreme court seems no longer to rely upon the reasoning on which it based its decision in the earlier case.

1"Except treason, felony and breach of the peace.' This clause is so construed that all "indictable offenses," as well as constructive breaches of the peace, are included, and consequently the protection against arrest extends only to civil actions.

strictissime in the fulfillment of official duties. It is questionable, however, how this can be reconciled with the publication of speeches, reports, etc. The official publications, directed by either house or by the law, are now protected, even in England, against any claim for damages. But in the United States it is commonly assumed that a member of congress is at liberty to send to his constituents in printed form whatever he has said in congress, without exposing himself thereby to suit for slander, libel, etc. There are, nevertheless, older judicial decisions holding a directly opposite view. The question has not yet been brought to a definite issue by a decision of the supreme court.

Congressmen enjoy no further privileges. The constitution provides, however, that a seat in the federal legislature shall not be an unpaid honorary office, but that the senators and representatives shall receive compensation for their services. The amount is fixed by law, and it is paid out of the treasury of the United States. By the act of March 3, 1873, this salary of congressmen and territorial delegates was raised to $7,500 per annum, besides actual traveling expenses once each session on the most direct route to the seat of government. Public opinion condemned this law with such emphasis that it was repealed January 22, 1874, and the act of July 28, 1866, was again put in force. Under it the salary is $5,000 per annum, with mileage at twenty cents per mile for each journey to and from the regular sessions.

The privileges and rights granted congressmen, as well as the legal limitations to which they are subjected, have been regulated with a view to their office as law-makers. Their peculiar position is due to the fact that the interests of the state require that their independence be assured, so far as law can assure it. In fulfilling their duties to

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 con

gress 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. 1). No personal privileges are

1 The 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 $4,500; 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.

8 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 be 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 judg ment 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