under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."

ELECTION OF SENATORS.

SECTION 4. "The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators."

(1) In making regulations for the election of Representatives, it is not necessary that Congress should assume entire and exhaustive control. It may make entirely new regulations, or add to or alter or modify those made by the State.

(2) Congress may impose (a) new duties on the officers of election, or (b) additional penalties for breach of duty, or (c) for the perpetration of fraud, or (d) provide for the attendance of officers to prevent frauds and see that the elections are legally and fairly conducted.

(3) There can be no conflict between the power of the State and that of Congress, because the power of Congress is paramount.

(4) An act which authorizes deputy marshals to keep the peace at such elections is not unconstitutional.

(5) Congress can compel State officers to obey State laws regulating the election of Representatives; and when so compelled by the act of Congress, the violation of the State law may be a violation of the Act of Congress.

(6) Congress can vest in the Circuit Court the appointment of supervisors of election. Ex parte Siebold, 100 U. S., 374, 382.

(7) This section of Article I, adopts the State qualifications for voting as the Federal qualification for the voter; but the right to vote is based upon the Constitution and not upon the State law, and Congress can pass laws for the free, pure and safe exercise of that right. Ex parte Yarborough, 110 U. S., 651.

The right to vote for a member of Congress has its foundation in the Federal Constitution, and a case involving this right where the damages for its denial are laid at $2,500 may be brought in the Circuit Court of the United States; and may be brought directly therefrom to the Supreme Court. Wiley v. Sinkler, 179 U. S., (decided Oct. 15, 1900).

MEETING OF CONGRESS.

"The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day."

POWER OF SENATE AND HOUSE.

SECTION 5. "(1) Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide."

The courts of a State have no jurisdiction of a complaint for perjury on testifying before a notary public, upon a contested election of a member of the House of Representatives of the United States. Congress has regulated by law the forms, notices and manner of taking depositions in contested election cases, and provided for punishment of perjury in such cases. In re Loney, 134 U. S., 372.

"(2) Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."

(1) The House of Representatives has jurisdiction to punish for contempt, and the warrant of arrest under the hand and seal of the Speaker, attested by the Clerk, directed to the Sergeant-at-Arms, is legal though it does not show on its face on what evidence it was founded, nor set forth specifically in what the contempt consisted. Anderson v. Dunn, 6 Wheat., 204.

(2) The House may punish its own members for disorderly conduct, or for failure to attend its sessions, and may fine and imprison contumacious witnesses, but there is no general power vested in either House to punish for contempt. The imprisonment of Kilbourn for refusal to answer questions in an investigation rather judicial than legislative in its nature was a false imprisonment. Kilbourn v. Thompson, 103 U. S., 168.

(3) While Congress cannot divest itself, or either of its Houses, of the inherent power to punish for contempt it may provide that contumacy of a witness called to testify before it, shall be a misdemeanor against the United States punishable by the Courts. In re Chapman, 166 U. S., 661.

(4) Congress possesses constitutional power to enact a statute to enforce the attendance of witnesses to enable the respective bodies to discharge their legislative functions.

Id.

(5) House may count those not voting to determine whether there is a quorum. The Constitution empowers each House to determine its rules of proceeding. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation taken between the mode or method established of proceeding by rule and the result sought. The rule of the House of Representatives of the 51st Congress that the names of members present who do not vote may be entered on the journal and

counted in determining the presence of a quorum does not infringe any constitutional right and is a valid exercise of the power of the House to determine its own rules. United States v. Ballin, 144 U. S.,

1.

"(3) Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and

the yeas and nays of the members of either House on any

question shall, at the desire of one-fifth of those present, be entered on the journal.

"(4) Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting."

COMPENSATION.

SECTION 6. "(1) The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States."

Compensation of Representatives.-When a person is elected to Congress to fill a vacancy made by unseating a member, who, after having received the proper credentials, having been placed on the roll and drawn his salary, was declared not elected, the succeeding Representative is entitled to compensation only from the time the compensation of the unseated member ceased. Page v. United States, 127 U. S., 67.