te instances of the abuse of this
power in the matter of determining who are entitled to seats in the
legislature. It is common knowledge that, in the past at least, both
law and fact have often been over-ridden for partisan advantage. As an
illustration of how far a legislature will sometimes go in this
direction I may cite a recent instance in Maine. The constitution of
that state provides (Art. IV, Pt. 3, Sec. 11) that "no person holding
any office under the United States (post officers excepted) shall
have a seat in either house of the legislature during his continuing
in such office." This provision was in the original constitution of
1821, and until the legislative session of 1913 the exception of "post
officers" was understood to refer to officers in the postal service
and such officers often held seats in the legislature without
question. In 1913, however, the House of Representatives held for
awhile that the exception referred only to military officers of the
United States stationed at military posts within the state, though no
such officer had ever held a seat in the legislature.

That legislatures are prone to disregard constitutional provisions is
also manifest in the vast amount of special legislation enacted
despite constitutional prohibitions of such legislation. There are
also numerous instances where legislatures while perfunctorily heeding
the letter of the constitution consciously violate its spirit and
evade its requirements. In many states there is a constitutional
provision that no legislative act shall become effective until after
a specified time has elapsed from its enactment "except in cases of
emergency," which emergency, however, is to be declared in the act
itself. This provision, of course, is to give the people time to
understand the statute and prepare to obey it. The word "emergency" in
the exception implies a sudden, unexpected happening. It is defined in
Webster as a "pressing necessity; an unforeseen occurrence or
combination of circumstances which calls for immediate action or
remedy." In Indiana in one legislative session, out of 200 acts, 155
were made to take effect at once by a recital that an emergency
existed therefor. In Illinois a two-thirds vote of all the members
elected to each house is required for the adoption of the emergency
clause. Among the acts of the last session containing the emergency
clause was one appropriating $600 for printing the report of a
monument assoc