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PRIVILEGE FROM ARREST, ETC. (2) “They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and (3) for any speech or debate in either House, they shall not be questioned in any other place.”
(1) Members of Congress are not exempt from being sued in the District of Columbia while there in attendance upon Congress. Howard v. Citizens', etc., Co., 12 App. D. C., 222.
(2) The exemption extends to service of process without arrest. Miner v. Markham, 28 Fed. Rep., 387; Doty v. Strong, 1 Pin. (Wis.), 84; Anderson v. Rountree, 1 Pin. (Wis.), 115. See Hoppin v. Jenckes, 8 R. I., 453; Danton v. Halstead, 2 Clark (Pa.), 450; Prentiss v. Com. Bk., 5 Rand., 697; Lewis v. Femendorf, 2 Johns Cases.
(3) In the following cases it is held that privilege from arrest does not extend to a civil suit. Gentry v. Griffith, 27 Tex., 461; Merrick v. Giddings, McArthur & M., 8 Mo., 55; Catlett v. Morton, 4 Lit. (Ky.), 122; Johnson v. Offutt, 4 Met. (Ky.), 20; Rhodes v. Walsh, 58 Minn., 196.
(4) The exemption does not absolve or excuse from obedience to a subpoena in a criminal case. United States v. Cooper, 4 Dall. C. Ct., 341.
(5) Where a member of Congress, who had been surrendered by his bail, claimed discharge on ground of privilege, and it was proposed by the counsel for the bail, that they should remain responsible for surrendering him four days after the session, the court approved the compromise as a good precedent. Coxe v. McClinechan, 3 Dall., 478.
DISABILITY TO HOLD OTHER OFFICES.
(3) "No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office."
REVENUE BILLS. SECTION 7. "(1) All bills for raising revenue shall originate in the House of Representatives; but the Senate máy propose or concur with amendments as on other bills."
“This provision,” says Story, "beyond all question is borrowed from the British House of Commons, of which it is the ancient and indisputable privilege and right that all grants of subsidies and parliamentary aids shall begin in their house.” The general reason is that the supplies are raised upon the body of the people; but Blackstone points out that a large part of the taxed property is owned by the Lords. The true reason seems to be that the Lords are a permanent body created by the pleasure of the king, and the Commons are chosen by the people. There seems less reason for the distinction here, and, indeed, the provision is virtually evaded, as by amendment of any revenue bill, the Senate may "originate” new methods of raising, revenue, and entirely change by substitution the methods of the lower House for methods of their own. In England the Lords can refuse to pass but cannot alter or amend. What are bills for raising revenue ? This is confined only to bills for the levy of taxes in the strict sense of the word. They do not include those for establishing the post office and mint or others which incidentally bring in revenue. Story on Const., Secs. 874-880.
The debates in the Constitutional Convention show that the word "Revenue Bill” was to be used only in this limited sense. The clause as originally introduced included appropriations; but this, after careful debate, was stricken out. Tucker's Const., pp. 446467.
APPROVAL OR VETO OF BILLS, ETC.
"(2) Every bill, which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If af.
ter such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewiso be reconsidered, and, if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
“(3) Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by twothirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.”
Neither the Constitution nor any act of Congress imposes upon the President the duty of affixing a date to his signature to a bill. Gardner v. The Collector, 6 Wall., 499, 506.
THE POWER OF CONGRESS-DUTIES AND IMPOSTS.
SECTION 8. “The Congress shall have power (1) to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States;
(2) "But all duties, imposts, and excises shall be uniform throughout the United States."
(1) The question arose under this power upon the statute of 1794 (1 U. S. Stats. at L., 373) by which Congress laid a tax upon carriages for the conveyance of persons. The country was then poor. The owners of carriages, a small number comparatively, were compelled to pay quite an onerous tax on these articles of luxury. Hylton was, as appears, a manufacturer of carriages and had 125 for sale. A tax was levied on them. The case came before the Supreme Court on the question whether the tax was direct tax or a duty. The court agreed that it was not a direct tax. Hylton v. U. S., 3 Dallas, 171.
(2) The case of McCulloch v. State of Maryland, 4 Wheat., 316, is one of the most important decisions made by the Supreme Court. The Congress had established and chartered the United States Bank. This was the object of much opposition of a political character. The bank had established a branch bank in Maryland, where it was doing business under its Federal charter. Many denied the power of Congress to