The Russellville Democrat., 1878-10-24
The Matter of fnstructing for
 United states Senator.

&hAAtA FAAAt1 Btk*stt0As fnam psHy caaests.l
 We have given this subject much thought, and have been of the opin- loa, from the first, that the propo- sition to take a ballot en the ques- tioa in the approaching Congrcs sioual election Is advised, and besides being wrong in principle, might be productive of many un knowa evils.
 In order to satisfy our mind as to the legal aspects of the question, we addressed a communication to Judge Rose, asking a professional opinion on the legality of the proceedings, without the slightest reference to any of its possible personal bearings, and we received from him the follow ing communication, which we sub init, without comment. to our breth- ren Of the press and the Democratic party throughout the State:
 LITTLE Rock, Oct l4, 1878.
 DEAN SIR; Regarding your in- quiry as to whether the stating in writing or printing on ballots cast at the Congressional election the pref erence of the voser for some person to till the place of United States Sen ator will have the effect to render the ballot null, beg leave to say know of no law of Congress provid ing that any extraneous and unuee- essary matter, written or printed on a ballot, shall make 1t void. ap. prehend, however, that such course, if generally adopted, might lead, on close scrutiny, to the rejection Of many ballots. II ballot contains the names of two persons for the same office where but one Is to be chosen, 1t is bad as to both. (Com- monwealth ys. Ely, Wis, 42o) In the election for Congress- there is but one person b be voted for and the law does not contemplate that more that one name shall be used. Hence the introduction of an addl- tional name on the ballots will tend to confusion and Co the rejection of the ballots where the object that the law regards cannot be intelligibly separated from irrelevant and foreign matter. If it Is deemed wise or ex pedient Co have instructions by a popular vote for UnIted States Sena- tor, common prudence would dictate, I think, that any such vote should be taken at primary elections, and not at a Congressional election, is set apart by law for the perform. ance of very distinct and different duty.
 know not by whom the proposed plan of having a popular vote ca this question vas suggested, noF by whom 1t Is supported--whetbeF by yourself or others; hut in any event l beg leave to say that on legal grounds l cannot but think thas it Is in violation of the letter. spirit aud purpose of the consultation of the United States, which provides thas the election of the Uaited States Senator shall be by the legislature of the several States; meaning, oi course, a free aud untFammeled elee ton by the electing body. t may be possible that a popular election would be better than one by the leg islature, but all argument on that subject is now prcoluded siaes tbe constitution is explicit I may add that in the convention that foFmell the constitution of the uaited states three plans for the election of Sena tors were proposed: First, an elec. tion- by the peoples second, an elee. ton by the House Of Represents tives, and, third, an election by the legislature of the various states. After much discussion the latter plan was unanimously adopted. Tate's minutes, 4th; EIliott's De bates, 62, 63, 64; Journal of Couyen tion, 105, l0G. l47, POT, ar, 2ss. No serious objections has ever bcen made, so far as l know, to this pro vision of the Constitution. Respect fully, yours. U. NJ. RosE