72             WISCONSIN     LEGISLATIVE     MANUAL.

   privileged as to the mode of proceeding. The case is first to be laid
before
   the House, that it may judge of the fact and of the grounds of the accusation,
   and how far forth the manner of the trial may concern their privilege;
other-
   wise it would be in the power of the other branches of government, and
even
   of every private man, under pretense of treason, etc.. to take any man
from
   his service in the House, and so as many, one after another, as would
make
   the House whathe pleaseth. Dec. of Com. on tMe King's declaring Sir John
   Hotham a traitor. 4 ]Ishw., 556. So when a member stood indicted for
   felony, it was adjudged that he ought to remain of the House till conviction:
   for it may be any man's case who is guiltless, to be accused and indicted
of
   felony or the like crime. 23 El. 1580; D'Ewes, 283 col. 1; Lex Parl.,
133.
     When it is found necessary for the public service to put a member under
   arrest, or when on any public inquiry, matter comes out which may lead
to
   affect the person of a member, it is the practice immediately to acquaint
the
   House, that they may know the reasons for such a proceeding, and take
such
   steps as they think proper. 2 Hats., 259. Of which see many examples.
lb.,
   256, 257, 258. But the communication is subsequent to the arrest. 1 Blackst.,
   167.
     It is highly expedient, says Hatsel, for the due preservation of the
privileges
   of the separate branches of the Legislature, that neither should encroach
on
   the other or interfere in any matter depending before them, so as to preclude,
   or even influence that freedom of debate, which is essential to a free
council.
They are therefore not to take notice of any bills or other matters depending
   or of votes that have been given, or of speeches which have been held,
by the
   members of either of the other branches of the Legislature, until the
same
   have been communicated to them in the usual parliamentary manner. 2 Hats.,
   2.52. 4 Inst., 15. Seld. Jud., 53. Thus the King's taking notice of the
bill for
   suppressing soldiers, depending before the House; his proposing a provis-
   ional clause for a bill before it was presented to him by the two Houses;
his
   expressing displeasure against some persons for matters moved in parliament
   during the debate and preparation of a bill, were breaches of privilege;
2
   .ZYalson, 347; and in 1783, December 17, it was declared a breach of fundamental
   privileges, etc., to report any opinion or pretended opinion of the King
on
   any bill or proceeding depending in either House of Parliament, with a
view
   to influence the votes of the members. 2 Hats., 251, 6,

                               SECTION IV.

                               ELECTIONS.
     [The times, places, and manner of holding elections for senators and
repre-
   sentatives shall be prescribed in each state by the legislature thereof;
but the
   Congress may at any time bylaw make or alter such regulations, except
as to
   the places of choosing senators. Gunst. I, 4.]
   [Each House shall be the judge of the elections, returns and qualifications
   of its own members. Uorst. I, 5.]