Compensation.—­Members of the legislature receive for their services a salary, which is sometimes specified in the constitution, but which is usually fixed by law.  In the latter case no increase voted can be in effect until a new legislative term begins.  This proviso is, of course, designed to remove the temptation to increase the salary for selfish ends.

In some countries no salary is paid to legislators, the theory being that with the temptation of salary removed only persons of public spirit will accept election.  Our argument is that unless some remuneration be given, many persons of public spirit and possessed of capacity for public service would be barred from accepting seats in the legislature.  In other words, the state wants the services of her best citizens, and does not wish lack of wealth on the part of any competent person to stand in the way.  On the other hand, that there may be no temptation to continue the sessions for the purpose of drawing the pay, the constitution provides, where a per diem salary is paid, that members shall not receive more than a certain sum for any regular session, or a certain other sum for any extra session.

Prohibitions on Members.—­To secure for his legislative duties the undivided attention of each member, the constitution provides that “no senator or representative shall, during the time for which he is elected, hold any office under the United States or the State.”  In some states, as in Minnesota, the office of postmaster is excepted.  And in order that legislators may be freed from the temptation to create offices for themselves or to increase the emoluments of any office for their own benefit, it provides that “no senator or representative shall hold any office under the state which has been created or the emoluments of which have been increased during the session of the legislature of which he was a member, until one year after the expiration of his term of office in the legislature.”

Eligibility.—­To be eligible to the legislature a person must be a qualified voter of the state, and a resident thereof for, usually, one or two years; and shall have resided for some time, usually six months or a year, immediately preceding election, in the district from which he is chosen.  This last provision is made to preclude people who have not been living in the district, and who therefore cannot know it or be interested particularly in its welfare, from representing it in the legislature.

Sole Powers.—­The mode of making laws is discussed in another place. [Footnote:  See “How Laws Are Made,” page 344.] In making laws the houses have concurrent jurisdiction—­they both take part.  But there are some parts which belong to each house separately, besides the election of officers before mentioned.  The house of representatives has in all states the sole power of impeachment, [Footnote:  For mode of proceeding see page 331.] and in some states of originating bills for raising revenue.  This latter power is given to it because being elected for a short term it is more directly under the control of the people than is the senate.