The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-11-09
a CONSTITUTIONAL POINT.
Mr.. Blaine Thinks There Should be 2s
More congressman

WASHINGTON. Nov s.-[Speciall-
Mr.. Blaine is represented as attaching
some Importance to the point originally
raised by General Butler, of Massa-
chusetts, that "a additional Representa-
tives given to eighteen States by the
eleventh census, and which are to be
represented by corresponding number
OF votes in the electoral college, ought
to be elected to and seated in the pres
ent Congress before its expiration on tho
4th OF March next Mr.. Blaine is quoted
as follows:
1.-THE subject is curious and inter
esting one. ! am surprised that it has
received so little attention or the atten-
ton it warrants. I am clearly of the
opinion that an equivalent to the mum.
Der in the electoral college should be
added to the delegations from the
States thus affected. do not see any
other way. The constitution ia per-
fectly clear on that point-that the
total electoral college should consist of
an equal number to that OF the total
| representation from all the States in
1t does not refer to some future Con-
gress.
"In my opinion it unquestionably
refers to the present or existing Con-
gress. 1t may refer to the Congress
that counts the votes, which of course,
is the present Congress-. can we'll sec
how this may become q very important
question within the next few days. It
seems to me that the solution of the
question is for the States given addi-
tional congressman to elect them to
this Congress before it expires.
do not see how, surprising after an cleo
ton, these additional Congressman pre-
sented themselves, it is possible to
refuse them admission.
ITO sum it up, it is clear and unques-
tionable, to my mind, that the total in
the electoral college must consist with
the total representation in Congress.
During the debate on the apportionment
bill in January, 1891, Senator Carlisle
took the ground that tho number of
representatives in the electoral college
must correspond with tho number in
Congress, and so by inference it is as.
sumed to have held that II the number
OF electors was increased to correspond
with the new apportionmentt the number
of Congressman must be increased also
In the present Congress"
The point may possibly become of i'm
portance hereafter. Able lawyers,
however, express the opinion thst there
Is nothing serious in it. They say that
the mere fact-if it be a fact-if certain
OF States have failed to avail themselves
OF full representation to which thew
were entitled, cannot in any way affect
the validity Of tho action Of all the
States collectively.
In other words the shortcoming OF any
State in failing to provide itself with
the full number OF congressman by
which it might have been entitled under
the law cannot be held to vitiate the ac-
tion OF tho Congressman whom it has
actually elected to represent it. In
legal phrase no State can take advant-
age OF its own tort. And the electoral
college, being composed Of the full
| number Of electors, corresponding to the
added Congressman to which the States
are entitled, it is not believed that any
possible question can be raised as to the
validity OF its constitution.