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and classed in this state? For what term are they chosen in this state?

§ 3. Which is called the upper house; and why?

§ 4. In what different ways are senators apportioned in different states? How in this state?

§ 5. How are representatives apportioned? Give an example of this mode of apportionment.

§ 6. How are they apportioned in the New England states? How in this state?

§ 7. In which states are representatives elected by districts? How are these districts formed in New York?

§ 8, 9. What provision is usually made for keeping the representatives of counties or districts proportioned to their population? What are the origin and meaning of the word

census?

§ 10. Is every elector eligible to a seat in the legislature? What restrictions exist in some states? How is it in this state?

§ 11. How are vacancies in the office of senator filled?

CHAPTER XI.

Organization of the Legislature; Privileges of Members; Appointment of its Officers.

§ 1. THE legislature, composed of the senate and house of representatives, meets at a time and a place, (both of which are usually mentioned by the constitution,) for the purpose of considering the condition of the state, and of enacting such laws as may be necessary to promote the welfare of the people. In nine states, all of them southern states except Illinois and Iowa, the legislature meets every two years; and their representatives are accordingly elected biennially. Meetings of the legislature are held at a place permanently fixed by the constitution or by act of the legislature; at which place the principal state officers keep their offices. Hence it is called the seat of government, or more frequently the capital of the state. The building erected for

the accommodation of the legislature and other state officers, is called the capitol.

§ 2. The two houses having assembled, each in its own chamber, every representative and every new senator is required, before proceeding to business, to take the oath of office, in which he solemnly swears that he will support the constitution of the United States, and the constitution of his own state; and that he will discharge the duties of his office according to the best of his ability.

§ 3. All persons elected to the more important and responsible public offices, are required to take such oath. An oath is a solemn declaration, in which the person appeals to God to bear witness to the truth of what he declares. Oaths are required because it is presumed that persons under the obligation of an oath will be less likely to do wrong than otherwise they would be. Many, however, even under these solemn obligations to do right, discharge their duties very unfaithfully. The faithful discharge of public duties is best secured by the election of good men.

§ 4. The constitution declares what number of members shall constitute a quorum. Quorum means such number of any body of men as have power to act. It seldom happens that all the members of a numerous body can be present at the same time; yet to allow a small number to transact business so important as that of making laws, would not be safe. Hence, constitutions generally declare that a majority of all the members of each house shall be necessary to constitute a quorum to do business. A smaller number, however, has power to adjourn from time to time, and to compel the attendance of absent members. In some states, two-thirds constitute a quorum.

§ 5. Every legislative body must have some rules and order of doing business. The constitution allows each house to determine the rules of its own proceedings; but that the public may know what business is done, each house is required to keep a journal of its proceedings, and to publish the same, except such parts as ought to be kept secret. And that persons wishing may witness its proceedings, the doors of each house must be kept open, except when the public welfare requires secrecy.

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CIVIL GOVERNMENT.

§ 6. To prevent injury or interruption to the public business, constitutions provide, that members shall not, except for certain crimes and misdemeanors, be arrested on civil process during the session of the legislature, or in going to or returning from the same. This means, in plain language, that they shall not be detained by prosecutions at law, except in cases of crime mentioned in the constitution or laws of the state.

§ Each house has power to expel any of its members, and punish its members and officers for disorderly behavior, by imprisonment. And each house may also punish other persons as well as its members, for contempt or insult offered to the house; for disorderly conduct tending to interrupt its proceedings; for publishing false and malicious reports of the proceedings, or of the conduct of the members; and for sundry other offences.

§ 8. After the members have been sworn into office, they proceed to the appointment of officers of their respective houses. Each house elects one of its members as chairman, who is usually called speaker. The lieutenant-governor, in states where there is one, presides in the senate, and is called president of the senate. In the absence of a presiding officer, a temporary speaker or president is elected, who is called speaker or president pro tempore; commonly abbreviated, pro tem., which is a Latin phrase, meaning for the time.

§ 9. It is the duty of the person presiding to keep order, and to see that the business of the house is done according to its rules. And when a vote is to be taken he "puts the question;" which is done by requesting all who are in favor of the proposed measure to say "aye," and those opposed to say "no;" and when a vote has been taken, he declares the question to be carried or lost, as the case may be. This part of a speaker's business is much the same as that of the chairman or president of an ordinary meeting.

§ 10. Each house also chooses a clerk to keep a record or journal of its proceedings; to take charge of papers, and to read such as are to be read to the house; and to do such other things as are required of him; a sergeant-at-arms, whose duty it is to arrest members or other persons guilty of disorderly conduct, to compel the attendance of absent members,

door-keepers.

and to do other business of a like nature; also one or more The officers mentioned in this section are not selected from the members of the house, but from the citizens at large.

EXERCISES.

§ 1. How often does a state legislature meet? For what purpose? Are meetings of the legislature held annually in all the states? Where do legislatures meet? Where is the capital of this state? How is the legislature in this state styled?

§2. What oath do members take?

3. Can you tell the nature of an official oath? What is the object of an oath?

§4. What is the meaning of quorum? How many are necessary to constitute a quorum in the legislature of this state?

§ 5. By whom are the rules and order of business determined? How may the people know what business is done? § 6. What privilege have members as to arrest? What is the meaning of this?

§7. How, and for what, may members and others be punished by the house?

§8. What are the presiding officers of legislative bodies called? How are they chosen? Is there a lieutenant-governor in this state? What, then, is the presiding officer of the senate called?

§ 9. Mention the general duties of a speaker.

§ 10. What other officers are chosen by each house; and what are their duties?

CHAPTER XII.

Of the Manner of Enacting Laws.

§1. WHEN the two houses, having been duly organized, are ready for business, the governor sends to both houses a message, which is read to each house by its clerk. The governor exhibits in his message the condition of the affairs of the state, and calls the attention of the legislature to such subjects as he thinks ought to receive their consideration and action.

§ 2. Soon after the legislature has commenced its business, the committees of each house are appointed. A committee consists of one or more persons appointed or chosen to consider and to act upon any matter intrusted to them. A legislative committee generally consists of either three, five, or seven members. The committees are numerous, and are usually appointed by the presiding officer of each house. Some or all of the following committees are appointed in the legislature of every state: a committee on finance; a committee on agriculture; a committee on manufactures; committees on the incorporation of cities and villages; on banks and insurance companies; on rail roads and canals; on education; and numerous other subjects of ordinary legislation.

§3. The object of appointing these committees is to expedite the business of the house. So great a number and variety of subjects are presented for the action of the legislature, that they could not all be disposed of during the longest session, if the whole house were occupied in the investigation of every subject. But as all the information necessary to enable the house to act understandingly, may as well be obtained by a committee composed of a few men as by the whole house, inquiries into many of these subjects may be going on at the same time. Applications for the establishment of banks, are referred to the committee on banks to inquire into the necessity of such banks; subjects relating to schools, are referred to the committee on education; those relating to rail-roads, to the committee on rail-roads, &c. Thus is every subject

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