Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-02-03

that they are often divided in opinion
and vote against each other-hence the
State as a State is not represented in
the sense intended. 1t would seem
that one would come near the truth if
he were to suppose that the real reason
for making the election devolve upon
the Legislature was for the purpose of
giving emphasis to the distinction be-
tween the Senate and House
49,
The country could get along very
well without Senate, such as now
constituted, by simply dividing the
House, which is fast becoming I'M
weildy. Two members could be
selected from each State, where there
are more than two, by lot or other
wise, who could act as the second
legislative branch.
1t is well proven that a successful
legislative body should be composed
Of two branches, one as a check upon
the ether The particular manner of
selection, if it be honorable, is of
secondary Importance.
Pennsylvania and Georgia attempt
ed to govern themselves in their early
history with single legislative
satisfactory that they were obliged to
adopt the coordinate system as en-
ployed by the other States.
No matter what may have been the
reason that led to the adoption of the
legislative plan Of electing Senators,
it has now become an evil, and so
pronounced that a radical change is
necessary, and the change most favor
ed is that by popular vote.
In order to secure this, a constitu-
tional amendment is necessary. To
secure this change but two methods
are available. One by the suggestion
OF a twO-third vote of Congress and a
ratification by three-fourths of the
States; the other by the suggestion of
the legislatures OF two-thirds of the
States to Congress, asking that a con-
vention be called and the ratification
of the proposed amendment coming
from this convention, by three-fourths
of the States.
The first method is the simpler of the
1.-TWO, yet it is not improbable that it will
be necessary to resort to the latter meth
Cd in securing this amendment. The Sem
ate is being so rapidly filled by seat pur-
chasers-by men who are totally untitled
for the grave responsibilities resting upon
the Senatorial functions-that it is very
doubtful if they would take kindly to this
suggestion, it being much easier for them
to corrupt and purchase a Legislature
than it would be to corrupt the voting
population of the entire State.
Last May a resolution providing for
this amendment passed the House of
Representatives by a vote of 143 to H.
This is all the progress it made. On &C
count of the excitement incident to our
trouble with Spain. it fell into a crevasse
somewhere. This measure. however, will
be presented again. If it fail, it then
becomes the imperative duty of the States
to act in the matter. This measure is
regarded by all right thinking men as a
necessity, and if it be a necessity, it
should be vigorously prosecuted. Hence
there is no reason why the States should
not take initiative action, for it seems
that they will be eventually obliged to do
so.
The legislators of thirty-nine States
meet biennially; six meet annually. Leg
islatures are now in session. at this time,
in thirty-eight States. Next year there
will be meetings of the Legislatures in but
eight States. If the West Virginia Leg
islaturelature We're to take the initial
steps in this matter-and surely has had
sufficient provocation-and adopt resofu-
lions and forward copies to other Legis-
latures in session. it is possible that even
this year, number of the States would
fall into line. This would be so much
time gained.
By following this course it becomes
obligatory upon Congress to call con-
vention for Art V. says that Congress.
ION the application of the Legislatures of
two-thirds of the several States shall
call a convention for proposing amend
ments."
BY this course the matter is no longer
optional with Congress. but is obligatory.
In this we have the socialistic feature of
the Initiative, with a flavor of Imperative
Mandate. Here arises a possibility of a
problem for the constitutional lawyer.
Suppose that the Legislatures direct Con-
gress TO call a convention, as they have
a right to do Suppose then that the
House Of Representatives passes favor
ably upon it and that the Senate refuses
TO concur. What then? What would be
the proper remedy to force the Senate to
the performance of its duty?
~
1t if be discovered that this legislation
should be postponed for years, why not
in the meantime make the sale of Sena-
torships public?
Before the Legislature convenes, the
Secretary of State, or some other clerk,
could advertise in the papers throughout
the United States, that at the coming
session a United States Senatorship would
be auctioned off TO the highest and worst
bidder. This would give all political mil
Eonaires throughout the country who are
thirsting for honor, a fairer chance in the
contest 1t VIII also be more remuner-
alive to many of the legislators, who by
the present secret sales are often cut off
entirely: While others, more fortunate,
often get enough to lift a good sized
mortgage. The price of votes should be
uniform and all members should share
alike
There has been no exact statement
made public concerning the recent trans
action in this State but in the Montana
Senatorial deal. it is currently reported
that Mr. Clark paid s250.oo9 for the honor.
II the Montana LEGISLATURE had the