The upper chamber is everywhere known as the senate; the lower chamber is usually known as the assembly, less often as the house of representatives, and in a few states as the house of delegates. There are fewer members of the senate than of the lower house, and often it is made a more permanent body by providing that half of the membership shall retire at a time. Not infrequently the qualifications for senators are higher than for members of the lower house. The presiding officer of the senate is in most states the lieutenant-governor; the lower house elects its own presiding officer, generally known as the speaker.

For the purpose of electing members of the legislature, the state is divided into election districts, senatorial districts being larger than representative (or assembly) districts.

Most states give each county, regardless of population, at least one representative in the upper house, and in some of the New England states where the town is the unit of representation, small towns send almost as many representatives to the lower house as do the large towns. As a rule, representation is based on population, and districts, or the number of representatives of a district, change as population changes. A written or unwritten law generally requires that a member must live within the district which sends him to the legislature. The usual term for members of the senate is four years; members of the lower house generally serve two years. In New York members of the lower house, called assembly, are elected for terms of one year; members of the senate for terms of two years.

Legislative sessions are as a rule held biennially. In Massachusetts, Rhode Island, New York, New Jersey, South Carolina, and Georgia sessions are held every year. Mem

bers of the legislature are paid either an annual salary or a sum for each day of service. In New York the salary of a member of the legislature is $1,500 a year; in Maine $300 is regarded as a sufficient salary. Rhode Island pays her legislators $5.00 a day, during the sessions of the legislature.

Process of Legislation. first step in legislation. A bill, which must concern itself with but one subject, may be introduced by any member of either house. The clerk reads the bill, often only by title, after which it is commonly referred to an appropriate committee.1

The introduction of a bill is the

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The committee considers the bill and often changes its form. Often committees have public hearings, and in some states must hold such hearings if they are demanded. The committee may refuse to report the bill at all, in which case the bill is "killed in committee." bill must pass three readings on different days, though in emergencies a large majority may suspend this rule, and all readings may be passed in one day. Having passed one house, the bill is signed by the presiding officer and is sent to the other house, where it must go through a similar course. Not infrequently deadlocks result on account of the two houses being unable to agree, in which case the bill may be referred to a committee made up of members of both chambers, which usually recommends a compromise. After having passed both houses, the bill goes to the governor for his signature. If he does not approve, he may veto3

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1 Each house has committees on all subjects of legislation.

In Massachusetts legislative committees are required to report

all bills, either favorably or unfavorably.

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Except in Rhode Island, Ohio, and North Carolina.

the bill by returning it to the house in which it originated with a statement of the reasons for his disapproval. In most cases the bill must receive a two-thirds vote in order to be "passed over the veto" of a governor.

A usual provision is that if any bill shall not be returned by the governor within ten days (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the legislature by adjournment prevents the return, in which case it shall not be a law without the approval of the governor.

After final adjournment no bill may become a law unless approved by the governor within thirty days after such adjournment.

Initiative and Referendum. From the beginning of the present government of the United States, it has been customary to submit constitutions and constitutional amendments to the people for ratification or rejection. The failure of legislatures to act in accordance with the will of the people has led to a demand for the submission to popular vote of statutes on all important subjects. This plan is called the referendum. In many states debts may not be incurred without approval by the people, city charters are often submitted to the people of the city concerned, and in many states, under local laws, the question of selling liquors is referred to the voters of each locality. In Switzerland, the home of the referendum, the legislature is obliged to submit any statute, which it has recently passed, to popular vote on request of a certain number of citizens. A few American states have followed this plan. The constitution of South Dakota provides that onetwentieth of the voters may by petition require the sub

mission to the people of any recently passed statutes. Nebraska gives one-fifteenth of the voters the power to demand a referendum, and in California and Iowa a referendum may be demanded on local questions.

Associated with the referendum is the initiative, a plan which provides that on the petition of a certain number of voters the legislature must submit a bill to popular vote. This system is also of Swiss origin and has been introduced into the state governments of South Dakota, Utah, Oregon, Montana, Oklahoma, Missouri, Maine, Arkansas, and Colorado. In several other states amendments making provision in the constitution for the initiative are still under discussion. On local questions the initiative and referendum have extensive application in the United States. For example: in Florida one-fourth of the voters of any county may require the submission to the people of the question of prohibition of the sale of intoxicating liquors; in Georgia fifty freeholders of any county may require a vote to determine whether live stock shall be allowed to run at large; fifty or more electors of any county in California may require the supervisors to submit to the people the question of establishing a county high school.

The referendum and initiative are well suited to the decision of questions which can be settled by a simple affirmative or negative vote, and upon which the people possess an intelligent opinion. For local purposes the referendum and initiative have distinct advantages and will doubtless receive a wider recognition.

The Recall.

By the recall is meant the legal retirement of an elected officer before the expiration of his term of office, if he has forfeited public confidence. The constitu

tions of states having the recall require that the question of the continuance in office of a public official must be submitted to the people on application of a certain number of voters. Oregon adopted the recall in 1908, California in 1911, and a number of Western states in 1912. The principal objection to the recall is its application to judges, as it is claimed that judges should not be subject to removal on account of public clamor; on this ground President Taft vetoed a bill admitting Arizona to the Union with a constitution which included a recall extending even to judges. In a number of cities under the commission form of government the recall of a commissioner must be submitted to the people on petition of one-fourth of the voters.

The action of

Limitations upon State Legislatures. state legislatures is limited both by the Constitution of the United States and by the state constitutions. The Constitution of the United States, Article I, Section 10, limits. state functions as follows:

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"I. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal;1 coin money; emit bills of credit; make anything but. gold and silver coin a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law

Letters of marque and reprisal consist of authority given by a government to a private person to take the property of a foreign government, or citizens of a foreign government, as a redress for an injury. Privateers in the War of 1812 sailed under authority of letters of marque. Though the United States government has authority to grant letters of marque, it will probably never again. do so.