representative, in
the exercise of the functions of that office, without inquiring whether
the exercise was regular, according to the rules of the House, or
irregular and against their rules. I do not confine the member to his
place in the House; and I am satisfied that there are cases in which he
is entitled to this privilege when not within the walls of the
representatives' chamber.'"[187] Accordingly the Court ruled that
Members of the House of Representatives were not liable to a suit for
false imprisonment by reason of their initiation and prosecution of the
legislative proceedings under which plaintiff was arrested.[188] Nor
does the claim of an unworthy purpose destroy the privilege.
"Legislators are immune from deterrents to the uninhibited discharge of
their legislative duty, not for their private indulgence but for the
public good. One must not expect uncommon courage even in
legislators".[189]

Clause 2. 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 encreased 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.

INCOMPATIBLE OFFICES

According to legislative precedents, visitors to academies, regents,
directors and trustees of public institutions, and members of temporary
commissions who receive no compensation as such, are not officers within
the constitutional inhibition of section 6.[190] Government contractors
and federal officers who resign before presenting their credentials may
be seated as Members of Congress.[191] In 1909, after having increased
the salary of the Secretary of State,[192] Congress reduced it to the
former figure so that a Member of the Senate at the time the increase
was voted would be eligible for that office.[193] The first clause again
became a subject of discussion in 1937, when Justice Black was appointed
to the Supreme Court in face of the fact that Congress had recently
improved the financial position of Justices retiring at seventy and the
term for which Mr. Black had been elected to the Senate from Alabama in
1932 had still some time to run. The appointment was defended by the
argument that inasmuch as Mr. Black was only fifty-one years old at the
time and so would be ineligible for the "increased emolu