Legislators are not asked to donate their time to the public service, Compensaalthough the pay is never large enough to be a great inducement. tion of No distinction in salary is made between the senators and repre- legislators. sentatives. Two methods of payment are used, one set of States granting a yearly salary, the other and larger set fixing a per diem rate, although both grant an extra allowance of "mileage," for traveling expenses. As might easily be imagined, most of the States that have sessions of an indefinite length prefer a fixed sum per year, varying from $200 in New Hampshire to $1500 in New York, the latter being the only State in the Union where the pay amounts to more than $1000. The usual daily compensation is $5, no State paying over $10, and two but $3 a day. differences. 86. The Separate Houses. Not only are the lower houses Chief larger than the senates, but the terms of their members are usually only one half as long as those of the senators, and higher qualifications are established for senators. Most senates are continuous bodies, one half of the members retiring at a time. As a rule, each house has control of its own affairs, and each has certain special powers. powers of each house. The state senates usually have the right to confirm or re- Special ject the appointments made by the governors, and are often allowed to appoint independently of the executive. When a state official is impeached (see § 97) by the lower house, the senate decides whether he is guilty or not, a two-thirds vote being necessary to convict. The special powers of the lower houses are relatively less important than those of the national House of Representatives. The right of originating revenue bills, which the colonial assembly cherished as its most valued possession, still exerts an influence, as over one half of the States give the lower houses exclusive right 1 Each house regulates its own affairs under the state constitution. That all-important document tells how many members shall constitute a quorum usually a majority of those elected - shows under what circumstances a member may be expelled-ordinarily by a two-thirds vote -and arranges that a journal be kept and published. It permits each house to elect its own officers, except the presiding officer of the senate, when the state has a lieutenant governor, and allows each to decide for itself which of two contesting candidates is entitled to a seat with its own members. Bills of rights. Bryce Am. Commonwealth, abr. ed., 307-310. Statutes in the constitutions. Dealey, J. Q., in An- Former Present prohibitions. Reinsch, Am. Legislatures, 147-156, 300-304. Evasion 89. Constitutional Limitations on the Powers of the Legisla tures. — American experience with over-legislation and unsatisfactory laws has led to a considerable restriction of the powers of legislature. The bills of rights in the state constitutions (§§ 102-104) have always forbidden the passage of laws that would interfere with the individual rights enumerated in them, but to these prohibitions have been added many others which do not permit the legislatures to invest the State's money in any enterprise, nor make grants to sectarian institutions, nor incur debt beyond a certain limited amount. Still more has the power of the legislature been curtailed and its authority impaired by allowing the constitutional conventions to pass upon such subjects as the suffrage, education, taxation, railroads, and banks, laws which are placed in the constitutions and thus beyond the power of future legislatures to alter or repeal. This usurpation of legislative functions by the constitutional conventions has been due to popular distrust of the legislatures, but it has also increased the distrust, as less care has been taken to secure competent lawmakers. 90. Local and Special Legislation. A great many of the laws passed at every session of our legislatures deal with matters of interest to just one person or locality. These local and special laws were formerly so common that they formed the majority of all laws enacted, but abuses became very numerous, and it was found advisable to forbid special legislation. For instance, when companies were incorporated by special act, privileges of great value were occasionally given away, and the people in self-protection, were obliged to demand a general incorporation law. The list of titles for which local and special laws may not now be made is quite a long one in most of the States. The constitutions require that all laws relating to these subjects be of a general character and that means be provided by which individuals or communities may take advantage of the general law. Whereas formerly the legislature might grant a divorce to a particular person, or change the location of some county seat, or give a justice of the peace in one part of the State jurisdiction over cases denied to a justice in another part; now the legislature provides by general laws for the granting of divorce by the courts, for the changing of county seats in any part of the State, and for uniformity in the jurisdiction of all justices of the same grade. The legislatures frequently seek to evade these provisions of the constitutions by passing laws that are really special, but which they call general. In many States where laws dealing with separate cities are not permitted, the legislature has first divided the cities into classes with one or at most two cities in a class, and then proceeded Actual lation. By direct legislation is meant any lawmaking in Bryce, Am. which the voters participate directly. For instance, when Commonwealth, the people vote upon a new state constitution which con- abr. ed., tains many laws, or upon a constitutional amendment, we 324-328. have examples of direct legislation. If the voters of a town Hart, decide in favor of prohibition, the legislation is direct. Gov't, § 39. This form of direct legislation is known as the "referendum." There is another form which gives the people not only "Initiathe last word in lawmaking, but the first as well. This is called the "initiative," and permits a certain number of the voters to propose laws which the legislature must consider. If the legislature does not pass the proposed measure, the people may vote upon it at the next election. tive." Oberholtzer, endum in America, 383-389. advantages The advantages of giving the people the final decision on Advantages such important questions as those treated in constitutional and disamendments cannot well be questioned. It seems equally of direct important that bills or resolutions involving the expendi- legislation. ture of large sums of public money should likewise be submitted to the voters, for the action of the state legislature Parsons, City for or the city council upon these financial bills might be con- People, trolled by a few members, who are willing to sell their votes 275-278, for a consideration. By the initiative, a legislative body 362-370 may be forced to respect the public demand for some law, which otherwise it would have refused to consider. Acting thus as a check upon the legislatures, and as a means of educating public sentiment, direct legislation gives us better. government than we should have had without it. There is no doubt that year by year it is being used more extensively. But therein lies a danger, that we shall use it for the ordinary details of government (a task for which the mass of the voters are not fitted) instead of considering it a check upon our councils and legislatures. local matters, and in certain Western cities, especially San Francisco and Los Angeles, it may be applied to any subject upon application of fifteen and seven per cent respectively of the voters. Chicago permits its use in connection with public utilities. South Dakota and Oregon allow five per cent of the voters to propose laws for the State. G Bills of rights. Bryce Am. Commonwealth, abr. ed., 307-310. Statutes in the constitutions. Dealey, J. Q., in An- Present prohibitions. Reinsch, Am. Legislatures, 147-156, 300-304. Evasion of prohibitions. 89. Constitutional Limitations on the Powers of the Legisla tures. - American experience with over-legislation and unsatisfactory laws has led to a considerable restriction of the powers of legislature. The bills of rights in the state constitutions (§§ 102-104) have always forbidden the passage of laws that would interfere with the individual rights enumerated in them, but to these prohibitions have been added many others which do not permit the legislatures to invest the State's money in any enterprise, nor make grants to sectarian institutions, nor incur debt beyond a certain limited amount. Still more has the power of the legislature been curtailed and its authority impaired by allowing the constitutional conventions to pass upon such subjects as the suffrage, education, taxation, railroads, and banks, laws which are placed in the constitutions and thus beyond the power of future legislatures to alter or repeal. This usurpation of legislative functions by the constitutional conventions has been due to popular distrust of the legislatures, but it has also increased the distrust, as less care has been taken to secure competent lawmakers. 90. Local and Special Legislation. A great many of the laws passed at every session of our legislatures deal with matters of interest to just one person or locality. These local and special laws were formerly so common that they formed the majority of all laws enacted, but abuses became very numerous, and it was found advisable to forbid special legislation. For instance, when companies were incorporated by special act, privileges of great value were occasionally given away, and the people in self-protection, were obliged to demand a general incorporation law. The list of titles for which local and special laws may not now be made is quite a long one in most of the States. The constitutions require that all laws relating to these subjects be of a general character and that means be provided by which individuals or communities may take advantage of the general law. Whereas formerly the legislature might grant a divorce to a particular person, or change the location of some county seat, or give a justice of the peace in one part of the State jurisdiction over cases denied to a justice in another part; now the legislature provides by general laws for the granting of divorce by the courts, for the changing of county seats in any part of the State, and for uniformity in the jurisdiction of all justices of the same grade. The legislatures frequently seek to evade these provisions of the constitutions by passing laws that are really special, but which they call general. In many States where laws dealing with separate cities are not permitted, the legislature has first divided the cities into classes with one or at most two cities in a class, and then proceeded to make laws for each class. This evasion of the constitution has been permitted in some States by the courts, but fortunately not in many. 91. The Defects of our State Legislatures. — The lawmaking It is claimed bodies of our commonwealths inpress many critics as one of the least that successful parts of our political system. Commonwealth, abr. ed., (1) It is claimed, often without just cause, that they are composed legislators of inefficient men, and, consequently, fail to command respect. Many are incompetent reasons are given for this state of affairs, no one of which satisfactorily explains it. The mode of electing residents by districts has been assigned as the chief cause. The absolute control of States by political Bryce, Am. machines is often held responsible for it. Popular indifference to state government, due to ignorance of the importance of state duties, also plays some part. But, hidden though the sources of the evil may 373, 378-386. be, the results of popular distrust in the legislatures are made plain in the general tendency to consider the lawmaking bodies a necessary Cf. Rooseevil. Many important duties have been given to the constitutional velt, Amer. conventions, the sessions have been made less frequent and are reIdeals, 118-125. quired to be short, and a constantly increasing field of legislation is being denied them. (2) Charges of corruption are by no means unknown, the influence and corrupt. of the representatives of great corporations, especially through the use Roosevelt, of money, being considered more potent than public opinion in so Amer. many cases. On account of the necessity of making laws affecting Ideals, corporations, the legislatures are exposed to great temptations, which they may not be able to resist. (3) Though they have such important duties to perform for the State, the members are often chosen on account of personal preferences for senatorial candidates. 125-142. Senatorial elections and legislation. and ill-digested laws (4) Changes in the laws are made more frequently than the conditions demand, i.e. there is too much legislation. The whole sphere Ill-advised of state activity is of such a character that any change in the law interferes with many business or other operations. But instead of being sure that every change means improvement, the legislatures are constantly amending the statutes, when the alteration does more harm than good. Fortunately, all of these criticisms do not apply to any one of our Summary. state legislatures. Of some legislatures no one of them is true. Cer tain it is that they are due quite as much to popular apathy as to any defect inherent in the state government. |