The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-10
AN ANOMALY AFFECTING THE ELEC-
TORAL COLLEGE.

TORAL COLLEGE.
The Constitution provides that Repre-
sentatives in Congress shall be apportion-
ed amongst the States, not exceeding
one for every 10000 inhabitants Going
into effect in the latter part OF the last
century, 1t provided that the first enumera-
ton of the people should be made with
in three years of the time the new gov
eminent commenced. and within every
term Of ten years" Up TO this point we
know exactly where we are.
The enumeration for the eleventh census
was commenced in June, 1890, and. contrary
to all precedent, was completed and the
result certified 10 Congress in December,
1890. The second session OF the Fifty-hrst
Congress was then sitting. though its life
expired on the Sd OF March, 1891. This
enumeration showed that the House OF
Representatives should be increased, on
the constitutional basis by twenty-four
members, which Congress, in February
1891, apportioned as follows: To Alabama,
!; to Arkansas. /; to California, l; to Colo
rado l; to Georgia, 1; to Illinois, 2; to
Kansas, L. to Massachusetts. 1; to Michi-
gan, l. to Minnesota, q to Missouri, /;
to Nebraska, o. TO New Jersey, 1; to Ore
gon, /; to Pennsylvania. 2; to Texas. 2;
to Washington, 1; to Wisconsin, /.
The Constitution, in establishing the
electoral colleges, provides that leach
State shall appoint in such manner as the
Legislature thereof may direct, a number
Of electors equal to the whole number Of
Senator'S and Representatives to which
the State may be entitled in the Con-
gress"
The second session of the Fifty-hrst
Congress having the result Of the eleventh
census certified to, it considered it its
duty to take up the matter Of apportion-
ing representation under il, and in Feb
ruary, 1891, it accordingly passed an act
as stated, apportioning the twenty-four
new members, but providing that these
twenty-four should not be elected until
the presidential election of November.
1892 to take their seats March 1, 1893 In
the Fifty-third Congress, thus skipping
entirely the 1'ifty-second Congress-which
is the Congress in existence now. But
provision was made for choosing an cleo
toral college in November. 1892 based
upon the House of Representatives as it
will exist after March 4, 1893, that is, the
number Of electors was to be equal to the
members of the Fifty-second Congress,
plus the twenty-four new Congressman.
who will not be Congressman until the
electoral colleges shall have expired The
electoral colleges now elected does not
conform, therefore, to the constitutional
requirement that leach State shall ap-
point a number of electors equal to the
whole number Of Senators and Represen-
tatives to which the State may be emit
tied in the Congress" Some States have
Congressman and Senators. Illinois, for
instance. has only twenty-five Senators
and Congressman but she has appointed
twenty-four electors.
What is going to be the effect OF this
anomaly? Can 1t affect the electoral col
lege and is there any way OF curing the
defect?
General Benjamin +. Butler has pointed
out this condition of things, and he
argues for the following solution OF the
difficulty: lie says the States interested
became entitled TO their increased
representation in Congress the mo-
ment the new census determin-
ing their population was GER
fAd
should have provided at once for electing
the twenty-four new members TO the
Fifty second Congress, and it was an un-
constitutional denial by Congress of their
rights TO the States interested for 1t to
fail TO do so. Having failed TO do so. the
States themselves should have made pro-
visions for electing these new members
and they should have been elected and
seated in the Fifty-second Congress. The
language of the Constitution is. says he,
THE Congress" What Congress is that?
Plainly the Congress then In existence
For, says he. IL we concede TO Congress
the power TO suspend the States right
TO be represented for one Congress after
the result OF the census Is declared. we
must concede Its right to make this sus-
pension for any number OF Congresses.
There is no reason. then. he argues,
why the States interested should not at
once make provision for eiecting the new
Congressman to the Congress now In
existence. and II they do the new men,
bsrs will probably be seated. This would
END the possibility ct any Afneuity IN the