Unruly members are as a general thing simply called to order. For persistent disorder they may be reprimanded or fined. [Footnote: See Among the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To prevent a partizan majority from trumping up charges and expelling members of the opposite party, it is a common constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.
3. Each house chooses its own officers. Each house has a presiding officer, several secretaries or clerks, a sergeant-at-arms, a postmaster, and a chaplain. The sergeant-at-arms usually has a number of assistants appointed by himself, and there are a number of pages appointed by the presiding officer. These, however, hardly count as officers. The only exception to the rule enunciated is in those states having a lieutenant governor, who is ex officio president of the senate. Even in that case, the senate elects in case of a vacancy, the person so elected being chosen from among their own number and receiving usually the title of president pro tempore.
Quorum.—It would hardly be possible for all members to be present every day, therefore a number less than the whole should have authority to act. But this number should not be very small. The several constitutions fix the quorum for each house, usually at a majority of the members elected to it. But a smaller number has power of adjournment from day to day, so that the organization may not be lost; and it may compel the attendance of absent members, by sending the sergeant-at-arms after them.
Publicity.—On the theory that legislators are servants of the people, we would naturally expect the proceedings to be made public. And so they are. Publicity is secured in the following ways:
1. In accordance with the constitutional provision, each house keeps a journal of its proceedings which it publishes from time to time, usually every day.
2. Spectators are admitted to witness the daily sessions.
3. Newspaper reporters are admitted, and are furnished facilities for making full and accurate reports.
Privileges of Members.—In order that their constituents may not, for frivolous or sinister reasons, be deprived of their services in the legislature, the members of each house are privileged from arrest “during the session of their respective houses, and in going to and returning from the same.” Nor can civil suit be brought against them during that time. But they may be arrested for treason, (defined in the constitution), felony, or breach of the peace, because if guilty they are unworthy of a seat in the legislature.
And in order that there may be the utmost freedom of speech in the legislature, that any member who knows of wrong being done may feel perfectly free to say so, the constitution of each state provides that “for any speech or debate in either house, they shall not be questioned in any other place.”