In many of the European states the upper houses of the legislature are not organized on the principle of popular representation. in some of them there is a hereditary element, in others certain public officials are members of right and in many there is an appointive ele ment. (See GREAT BRITAIN - PARLIAMENT).
In the United States since the adoption of the 17th amendment the upper house of Con gress has been chosen by the same method as the lower house so that both rest on the same principle although senators are chosen for longer terms, they .represent larger con stituencies and higher qualifications are re quired of them. Both houses of the State leg islatures are composed of representatives with only slightly different qualifications and terms, and they are chosen by constituencies made up of the same class of electors. Members of both houses are apportioned either on the basis of the total population or the number of voters.
Equality of representation is everywhere pro claimed as a principle, but the principle is seri ously deviated from in certain New England States where in consquence of the town sys tem of representation small communities with populations of less than 1,000 inhabitants not infrequently choose as many representatives as populous cities like Providence, New Haven and Hartford. The common rule that each county, however small its population, shall have at least one representative or that each county shall have one senator often plays havoc with the principle of equality of representa tion. In several States constitutional limita tions have been imposed on the representation of the large cities. Thus in New York, no county may have more than one-third of all the representatives — a provision designed to limit the representation of New York city; and somewhat similar provisions are found in the constitutions of Pennsylvania and Rhode Island.
Illinois alone among the States has a sys tem of minority representation in the lower house of the legislature. Under this system, in troduced in 1870, it has nearly .always been possible for the principal minority party in each legislative district to choose one of the three members to which the district is entitled in the lower house, and it has often enabled secondary parties such as the Prohibitionists, Progressives and Socialists to elect a few mem bers. (See PROPORTIONAL REPRESENTATION).
It has the disadvantage, however, of fre quently resulting in the election of a house in which no party has a working majority, thus making difficult the enactment of important constructive legislation. Moreover, it fre quently results in the election of a legislature, a majority of the members of which belong to a political party different from that to which the governor who is chosen at the same elec tion belongs, thus dividing the legislative power between two politically antagonistic depart ments and thereby paralyzing it to a degree.
In all the States the upper house of the leg islature is officially designated as the senate. In size the State senates vary from 19 members in Arizona to 63 in Minnesota, 40 or 50 being a common number. In about two-thirds of the
States the terms of senators are four years; in most of the others it is two years; in New Jer sey it is three years; and in Massachusetts and Rhode Island it is one year. In a number of States the senators are divided into classes, the terms of one-half or one-third of them expir ing at the same time, thus making the senate to some extent a permanent and continuous body. In all the States the senate has certain special functions such as the approval of ex ecutive appointments and the trial of impeach ment cases.
In most of the States the lower branch of the legislature is known as the ((house of rep in a few it is styled the aassem and hi three the of delegates? In size it varies from 35 members in Arizona to more than 400 members in New Hampshire, the houses of the New England legislatures being especially large on account of the town system of representation. Their senates, however, are small bodies: 24 in New Hampshire, 35 in Connecticut, 30 in Vermont and 40 in Massa chusetts.
In all the States members of the legislature receive some pecuniary compensation for their ry seices. It is in the form either of a salary or a per diem allowance. The largest salaries are those paid the members of the legislatures of Illinois and New York ($3,500 per term and $1,500 per year, respectively) ; the smallest are those of South Carolina and New Hamp shire ($200 per year). In about 30 States the per diem method prevails, the amount varying from $3 per day in Kansas and Oregon to $10 per day in California, Iowa and Kentucky, the most general amount being $4 or $5 per day. Mileage, ranging from 10 cents Der mile to 25 cents, is usually allowed and fre quently there is a small allowance for station ery and newspapers. In some States the amount of compensation is fixed by the con stitution; in some the maximum amount is spec ified, in others the determination of the amount is left entirely to the legislature, usu ally subject, however, to the limitation that no increase may take effect during the term for which the legislature making it is elected. In the majority of States the legislature holds regular sessions every two years, but in Mas sachusetts, New York, New Jersey, Georgia and South Carolina annual sessions are held. Alabama alone of all the States is content with quadrennial sessions. In all the States the gov ernor is empowered to call extraordinary ses sions, but usually the legislature is restricted at such sessions to the considerations of only such matters as are specified in the governor's proclamation. In many States the length of the legislative session is limited by the constitution to a certain- number of days-40, 60 or 90, with a view to preventing long-drawn out sessions. In other States the same end is accomplished by constitutional enactments pro viding that at the expiration of a certain num ber of days the pay of the legislature shall cease.