tellers in the presence of the joint convention, one to be transmitted to the Governor and the other to be retained for recording in the journals.135

Congress originally left the State legislatures to their own devices in the election of United States Senators. In Iowa for some years Senators were selected by the General Assembly in a joint session called for that particular purpose; but after 1866, and until 1913, each house was required to vote separately, viva voce, and if any person received a majority he was declared elected after the votes were compared in joint session; but if there was no election as a result of the separate balloting a joint session was held. If there was no election at the first joint session, others were held daily at noon and one ballot cast until a Senator was chosen. In 1911 the Iowa General Assembly met in joint session every day at noon from the eighteenth day of January until the twelfth day of April before Senator William S. Kenyon was finally elected.1:

EXECUTIVE SESSIONS OF THE SENATE

136

"The doors of each house shall be open, except on such occasions, as, in the opinion of the house, may require secrecy", reads the Constitution of Iowa. It has usually been necessary for the Senate to hold an executive session several times during each session of the General Assembly to consider confidential messages from the Governor. Practically all of the executive sessions have been for the confirmation of appointments by the Governor, a twothirds majority vote in executive session being required for such approval. Occasionally nominations made by the Governor have not been confirmed by the Senate.137

Executive sessions have been held behind closed doors, and until 1902 the proceedings were not made public.

Since the Twenty-ninth General Assembly, however, whatever has transpired in executive sessions on the confirmation of appointments has usually been printed in the journal. Executive sessions have rarely lasted more than a few minutes.

Special procedure has been prescribed for the confirmation of appointments of members of the Board of Control of State Institutions, the State Board of Education, the Insurance Commissioner, an additional Judge of the Supreme Court, and the Commerce Counsel. Such nominations must be referred to a bi-partisan committee of five appointed by the president of the Senate without the formality of a motion. This committee reports the nominations to the Senate in executive session; but such nominations are never considered on the same day on which they are referred to the Senate.138

In 1913 when the question of consolidating the higher educational institutions was before the General Assembly a joint executive session of the House and Senate was held in order that the members might become "fully conversant" with the "interests of our three great state educational institutions". Seven addresses were delivered before the convention on that occasion.139

IX

ORGANIZATION OF THE GENERAL ASSEMBLY BоTH the Constitution of 1846 and the Constitution of 1857 vested the legislative authority of the State in a bicameral General Assembly, of which the two branches are essentially coördinate. Practically the same functions, powers, and limitations are accorded to each house, both in constitutional and statutory provisions. Although the House enjoys the sole power of impeachment the authority to try such cases rests with the Senate. Perhaps the most exclusive power of the Senate is that of ratifying certain executive appointments. From 1846 to 1857 all revenue bills had to originate in the House of Representatives. With the exception of age qualification and length of term, Senators and Representatives are on a basis of equality.

TEMPORARY ORGANIZATION IN THE GENERAL ASSEMBLY

Before either house can proceed with its internal organization it is necessary that a quorum, consisting of a majority of its members, be present. Any number of members, however, may adjourn from day to day and "compel the attendance of absent members in such manner and under such penalties as each house may provide.” Such are the provisions in the Constitutions of Iowa; but the House of Representatives has seen fit to make further regulations. Until 1864 the number of members constituting a quorum was specified, although changing successively from 20 to 32, to 36, to 37, to 44, and to 48 as the

size of the House increased. In the session of 1856-1857 just one-half of the whole number of Representatives was declared to be a quorum. During the period of the first Constitution if a bare majority was present it was necessary for the speaker to be one of the number. Furthermore, while the Constitutions empower a smaller number than a quorum to compel the attendance of absent members, the standing rules of the House have always fixed the "smaller number" at five, provided the speaker is in the chair. 140

For the first three sessions the appointed time of opening the legislature was at noon of the day designated in the Constitution. From 1852 until 1894 the houses were called to order at two o'clock. But since the Twenty-fifth General Assembly the hour of convening has been ten o'clock A. M. The Lieutenant Governor, being ex officio president of the Senate, calls that body to order; while the House of Representatives is called to order by any person claiming to be a member. Having been called to order the members-elect of each house proceed to choose a temporary secretary or a chief clerk. If the Lieutenant Governor is absent any Senator may call the Senate to order, and in such an event a president pro tempore is chosen. 141 It is the first duty of the temporary recording officer of each house to receive and file the certificates of election of the apparent members, from which a temporary roll call is compiled. Other requisite officers are then elected for the time being, and a committee of five is chosen to examine and report on the credentials of the members elected.142 Finally, those members who are reported by the credentials committee as holding proper election certificates proceed to the organization of their respective houses by the election of permanent officers.143

Ordinarily there have been almost as many temporary as permanent officers. The House of Representatives of the First General Assembly had only three temporary and five permanent officers; while in the Thirty-sixth General Assembly there were forty-one temporary and the same number of permanent House officers. In the first Iowa Senate six temporary and six permanent officers were appointed; and in the last Senate (1915) there were twenty-nine temporary and twenty-six permanent appointments the greater number of temporary officers being due to the fact that the permanent officers of the preceding session were reappointed for the time being. Such vacancies as appeared in the list of permanent officers of the preceding session were filled by the Republican caucus. During the earlier years, especially in the period of the first Constitution, the number of temporary officers was kept at the minimum, never exceeding eight. But as time has passed more and more officers seem to have become necessary, until now several clerks, postmasters, doorkeepers, messengers, pages, and janitors are included when temporary organization is effected.144

The method of selecting temporary officers has usually amounted to election, irrespective of whether they are appointed on motion, elected on motion, elected on resolution, or elected by ballot or on a viva voce vote, with or without nomination. Now, however, when the whole list as proposed is adopted by one vote with no dissenting voices there is no choice in the selection of temporary officers and the system practically amounts to appointment by the majority. There have been times when the majority and minority have been so equally divided that there has been difficulty in agreeing even on temporary officers. The most notable instance occurred in the