The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-07-10
Senator CIaIk's Bill for Regulating sena-
tOTiaI Elections.

THE bill reported yesterday from the Committee
on the Judiciary, by Senator CLARK, OF New
Hampshire, to regulate the time and manner of
holding elections for Senators in Con-ress, is a
necessary measure OF reform. The Constitu-
tional provision in regard to this matter is that
''the times, places, and manner of holding elec-
tons for Senators and Represeu tatiyes shall be
prescribed in each State by the Legislature
thereof, but the Congress may at any time by
law make or alter such regulations, except as to
the place OF choosing Senator's Hitherto
Congress has not interfered in this matter, and
great irregularities have sprung up. In some
of the States the election is held in Joint con
vention of both Houses of the Legislature, and
it often happens that one branch being
controlled by one political party, and
the other by another, they refuse ~
go into joint session, aud 50 an election is put
of. In other cases, when the election Is made
by each House of the Legislature separately,
there is q failure to agree. In some of the
States as in the celebrated STOCKTON case in
New Jersey, 1t has been held that a minority
could elect Senator by the previous adoption
of the plurality rule. In some of the Western
States grosser irregularities have been oractised
Thus, the Legislature OF Kansas for the year
1864 elected Senator to succeed General LANE,
whose term of Office would not expire until
subsequent to the election and session of still
another Legislature. The person elected how.
ever, never attempted to take his seat under
that election, and the subsequent Legislature
paid no attention to the work of its predecessor,
but went on and filled the seat as though no
previous election had been made.
These examples are sufficient to show the
necessity which has arisen for some definite and
uniform method of procedure.
Senator CLARK's bill provides:-
First. That the Legislature OF any State next
prect ding the expiration of Senatorial terms
shall elect, on the second Tuesday of ITS session,
q successor OF the retiring Senator. The voting
snail be 0ICd UOCe, and the name OF the
person receiving a majority of the votes
cast in such house shall oe entered upon the
journal OF each house, and Joint meeting OF
the houses shall be convened at twelve o'clock
the following day, and if the same person is
found to have received a majority, he shall be
declared elected, but if the same person shall
not nave received majority of the votes OF
both bOuses, or 1t either house shall have failed
10 take proceedings as required, the iOiut as
semby shall proceed to CHOOSE UiU0 'Oce,
and the person receiving a majority OF
votes all the members being present and
voting, shall be declared duly elected
"SecOnd. That when a vacancy shall be exist.
inc on the opening OF a session OF q LEGISLATURE
an election shall be held on the second Tuesday
OF the session, and if vacancy shall occlr
during the session, it shall be filled the second
Tuesday after it, announcement.
Third. That the Governor shall certify such
election, and the Secretary OF State counter
sign the certificate to the President of the
Senate.n
This bill, ii it shall become law, as we trust
it may, VIII diminish the number OF contests
before the Senate for disputed seats. and will
do away with the irregularity and confusion
which are now so characteristic of Senatorial
elections in the Legislatures.