law does not scan the road which the member may take in his journey very nicely, nor forfeit his protection for a slight deviation from the route which is most direct, nor, it may be added, measure with precision the time absolutely necessary for going to or returning from the capital, furnish a just and sensible test in considering the question. To entitle the defendant to the privilege here invoked, he must have been in good faith on his way to the seat of Government to enter upon the discharge of his public duties; that must have been the primary object of his journey. He must have left his residence in California with the intent of then going to Washington to take his seat in the Congress to which he was elected, and the time taken for the journey must have been reasonable. He had a right, withdut forfeiture of his privilege, to set out from his residence at such time before the session should open as would enable him conveniently to establish his quarters and settle his family and household affairs at the capital, and also, I think, to enable him to inform himself as a new member regarding pending legislation, so that he might enter advisedly upon the discharge of his duties. A slight deviation from the usual route, for rest, convenience, or because of family sickness, ought not to cause a loss of his privilege, if such deviation was but an incident to the principal journey. Nor ought the duration of the privilege to be strictly measured by the exact number of days, with the present facilities for travel, required for a journey from his residence in California to Washington. At the same time his privilege could not and ought not to avail him if the deviation was equivalent to an abandonment of the original journey for purposes of pleasure or family visiting. If, when he left his home in California, his intention was to make a journey, not to Washington, but to Milwaukee, there to spend an indefinite time visiting relatives, and then to go from Milwau kee to Washington, after such prearranged delay at the former place as would still enable him to arrive at the capital in reasonable time to enter upon his public duties, so that it might be fairly said that the object of his journey at the time he set out upon it was not then to go to the capital, but elsewhere, it is clear that while in Milwaukee he could not assert the constitutional privilege of exemption from arrest or service of process.

Applying these principles to the facts as here presented, I am of the opinion that the defendant was privileged from the service of process upon him in these cases. It is evident that when he set out with his family from Pasadena, his intended destination was Washington. The primary object of the journey was to go to the capital to prepare for and enter upon his duties as a member of Congress. He had a right to exercise a reasonable judgment in connection with the settlement of his family in Washington, as to the time required for the accomplishment of his primary purpose, with its necessary incidents. It can not be said from the facts shown that his destination was Milwaukee. It is evident that the health of his family to a large extent controlled his movements. Under the circumstances, his deviation from the direct route was not such as to justify an inference of abandonment of the original journey or its primary object. His privilege,

in view of all the facts shown, ought not, I think, to be adjudged forfeited by such deviation, nor ought the court to measure with mathematical accuracy the days and hours required by the most rapid course of transit to travel from Pasadena to Washington. In short, the defendant was in good faith on his way to the seat of Government to enter upon his public duties as a member elect of the Forty-Ninth Congress when the process in these cases was served upon him. His deviation to Milwaukee was but an incident in the journey, and seems to have been occasioned by circumstances which made the deviation justifiable, if not absolutely necessary. He was, therefore, entitled to the protection of his privilege.

The defendant having appeared specially in the State court both in his motion to set aside the service of the summons in these cases and in his application for the removal of the cases to this court, and the motion made in the State court having been denied without prejudice to a renewal of the same, the defendant has not waived his privilege, and can assert it here with the same force and effect as if the suits had been brought and the motion made in this court in the first instance. (Atchinson v. Morris, supra ; Harkness v. Hyde, 98 U. S., 476; Sanderson v. Ohio Cent. R. and C. Co., 61 Wis., 609; S. C., 21 N. W. Rep., 818.)

Motion to set aside the service of summons granted.

"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."-Const., 1, 5; 2, 5.

In all cases of a vacancy in either house of Congress, by death or otherwise of any member elected or appointed thereto, after the commencement of the Congress to which he shall have been elected, each person afterwards elected or appointed to fill such vacancy shall be compensated and paid from the time that the compensation of his predecessor ceased.-R. S., sec. 51.

Every person who promises, offers, gives, or causes or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any member of either house of Congress, either before or after such member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either house of Congress, or before any committee thereof, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or

tendered, and shall be, moreover, imprisoned not more than three years.-R. S., sec. 5450.

Any member of either house of Congress who asks, accepts, or receives any money or any promise, contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, either before or after he has been qualified or has taken his seat as such member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either house, or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the, amount asked, accepted, or received, and by imprisonment not more than three years.-R. S., sec. 5500. (See also BRIBERY.)

No member of Congress shall be interested in any public contract, under a penalty of three thousand dollars fine; and if any officer of the United States, on behalf of the United States, shall make such a contract with a member of Congress, he shall be liable to the same penalty.-R. S., secs. 3759 to 3742.

No member shall practice in the Court of Claims.-R. S., sec. 1058.

Every member of Congress or any officer or agent of the Government who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever, from any person for procuring, or aiding to procure, any contract, office, or place from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity,

or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract and agreement may, at the option of the President, be declared absolutely null and void; and any member of Congress or officer convicted of a violation of this section shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.-R. S., sec. 1781.

No Senator, Representative, or Delegate, after his election and during his continuance in office, and no head of a Department, or other officer or clerk in the employ of the Government, shall receive or agree to receive any compensation whatever, directly or indirectly, for any services rendered, or to be rendered, to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any Department, court-martial, Bureau, officer, or any civil, military, or naval commission whatever. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.-R. S., sec. 1782.

Every member shall be present within the hall of the House during its sittings, unless excused or necessarily prevented— RULE VIII, clause 1.

(See COMPENSATION.)

"A smaller number than a quorum may be authorized to compel the attendance of absent members in such manner and under such penalties as each house may provide."—Const., 1, 5; 1, 5.

"Any fifteen members (including the Speaker, if there be one) shall be authorized to compel the attendance of absent. members."-RULE XV, clause 2.

(See CALLS OF THE HOUSE.)

MEMORIALS.

(See PETITIONS.)

MERCHANT MARINE AND FISHERIES.

When appointed and number of members.-RULE X.
Duties of.-RULE XI, clause 9.

This committee was made a standing committee on the 21st of December, 1887 (1st sess. 50th Congress).

MESSAGES FROM THE PRESIDENT.

"The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient."-Const., 2, 3, p. 16.

The annual message of the President, with the accompanying documents, is usually communicated to the House at the commencement of each session, but usually not until after he has been notified through a joint committee of the two houses that a quorum of each body has assembled, and is ready to receive any communication he may be pleased to make; although it was otherwise in the Thirty-fourth and Thirty-sixth Congresses, the messages having been communicated on the first occasion on the 31st December, and on the latter not only before the appointment of such committee, but before the election of the Speaker, which latter did not take place until the month of February. (See Journals, 1, 34, pp. 221 to 228, 231, 233, 444, 511; 1, 36, p. 83.)

All messages from the President are in writing, and are sent to the House by his private secretary, or such other person as he may delegate, and, as in the case of messages from the Senate, are announced at the door by the Doorkeeper and handed to the Speaker, who places them upon his table, from whence they are taken on the following day by the Speaker under clause 2 of RULE XXIV for reference or such other disposition as the House may order. In the case of the annual message, however, it is usually taken up, by unanimous consent, as soon as received. If, however, objection be made to its being laid before the House, it remains on the table, to be disposed of as