Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-11-10
THE NEW LEGISLATOR
SHOULD SIT IN THIS CONG EsS
SAYS MR.. BLAINE.
Tie Gives Good Grounds for His Opinion
Ills Views on tho Validity OF tn.
Present Electoral College--Tho sub.
ject an Intetestlng One,

WAsuNGroN, Nov. 9-Alr. Blaine is
represented as attaching some Importance
to the point originally raised by General
Butler of Massachusetts, that the twenty
four additional representatives, given to
eighteen states by the eleventh census,
and which are to he represented by II cor
responding nt'mber of votes in the cleo
toral college ought to be elected to and
seated in the present congress before the
expiration of March next. and especially
in view of the fact that there is a remote
possibility that thr election of presi
dent may be thrown into the house. Mr.
Blaine is quoted az follows:
"The subject is curious and interest
ing one. am surprised that it has re-
ceived so little attention, the attention it
warrants. | am Clearly Of the opinion
that the number equivalent to the num-
Der in the electoral college should
BE Added 60 the Delegation
from the states affected do not see any
other way. The constitution is perfectly
clear on the point-that the total of the
electoral college should consist of an equal
number TO that of the total representa-
ton from all the states in the Fifty-second
congress. 1t does not refer to some future
congress.
ain my opinion it unquostionably refers
to the present or existing congress. 1t
must refer TO the congress that counts the
votes, which, of course, IL the present con-
gress | can well see how this may be-
come a very important question within
the next few days 1t seems to me that
the solution of the question is for the
states given additional congressman to
elect them to this congress before it cX-
pircs. | do not see how, surprising after
an election these additional congressman
presented themselves, it is possible to re-
fuse them admission. 10 sum it up, it is
Clear and Unquestionable
to my mind that the total in the electoral
college mast consist with the total of the
representation in the congress.
During the debate on the apportion-
meut bill in January, 1891, Senator Car
Isle took the ground that the number of
representatives in the electoral college
must correspond to the number in con-
gress. and so, by inference, is assumed to
have held that If the number of electors
was increased TO correspond with the new
apportionmeut, the number of congress-
men must be Increased also in the present
congress- Superintendent Porter of the
census adds e the discussion his opinion
that the additional members authorized
by the census enumeration ought to have
been elected before the assembling of the
litty-secoud congress.
II had Supposed he adds, that when
congress had been given the final figures
RS to the population, they would proceed
to make the appnrtionment hereunder
Effective at Once.
There was time to do it. The fig
IRE, were given in December. 1891
The Fifty-sccond congress, although
elected tine previous month, or November,
$500, was not to come into official exist
encr until March followng.'
The point may possibly become of i'm
portance hereafter Able lawyers, how
ever, express the opinion that there is
nothing serious in it. They say that he
lhere fact, If it be a fact, that certain Of
the states have lpiled to avail themselves
of the fuu representation L. which they
were entitled cannot in any way affect the
| validity OF the action of all the states col
lcctjveiy.
la other words. that the shortcoming of
any state ia failing 40 provide itself with
| the lull number Oh congressman to which
| il mi,ht have been entitled under the law
cannot he hrld 10 vitiutr the action OF the
| congressman whom it. has actually elected
to represent 1t. In legal phrase no state
| can take advantage Of its own tort. Nuj
the electoral college being composed of The
| full number OF electors corresponding to
! the added cpu4r, ~-m"u to which the states
are cntitlcJ,lt I~uol believed that amy posi-
| hlc question can be raised Il, ~ the Nitlii-
/ lty of the constitution.