Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-09


this new project TOR the election OF sena-
tors have called 1t an evasion of the con-
sutution. IL 80. 1t " only AN evasion Of
the same kind as that by which presiden-
tial electors are chosen under the consti-
tutional form, but are nevertheless in
structed by the popular vote with respect
to their choice of the president. and are
not chosen with any intent on the part OF
the people, or of the electors themselves,
that they shall exercise an independent
judgment such the constitution I'M
doubtedly contemplate in the choice OF
president The mandate of the people in
the choice of electors Is identically the
same In It's relation to the constitution as
the mandate of the people will be In the
election OF legislators with respect to their
choice of a senator.
1t is more satisfactory, perhaps, to speak
of this control OF the action OF the electors
by popular vote as a feature ingrafted
upon the constitution rather than an eva
sion OF It; but. whatever word is used Il
is undeniable that, In substance, the ex-
listing method Is a departure from that
which was contemplated by the makers OF
the constitution. They expected the cleo
tors would exercise their own independent
judgment in choosing the president. In
tirely taken away from them by the Gus.
tom of electing them on a party ticket
to represent the will of the people ex-
pressed by popular vote in favor Of
definitely named candidate. The only diff
ference in the situation between the choice
of senator by a Legislature, which
popular vote has instructed at the time
the members were chosen. and the choice
OF the president by electors who are
chosen to represent the will OF the sue
cessful party. Is that the latter is sup
ported by a custom that has existed for
| nearly a century.
II is still ar unsolved question as to
what would be the effect If an elector
disregarded the expressed will of the people
who elected him. and voted contrary to his
! instructions in choosing a president
| Whether the courts, IL such a case should
unfortunately arise. would hold that the
electors still had the legal right. as con-
I templated by the constitution, to exercise
/ an independent judgment It might be rash
/ to predict. The court might say that by
the long established custom under which
| the elector was chosen he was clothed
with the trust to execute the will OF the
! people expressed by their vote, and that
/ to violate his instructions would be to
perpetrate a fraud. The same contention
| could be made In case q legislator dis
/ oheyed the mandate OF the people with
respect to the choice OF senator. though
/ in that case the effect OF a long estab-
lished custom would not be involved. I'm
less some question OF this kind arises by
! reason OF the disobedenee OF the popular
! mandate Thy q legislator II Ia possible that
the choice of United States senator's. in
some OF the states at least may be revolu-
tionized and made effective by popular
vote. The attempt to do this Is still an
other manifestation OF the growing de-
termination Of the people to exercise In
telligently and effectively, for the public
good. the duties which belong to the peo-
pie, and not to leave them 10 be exercised
by professional politicians for the further
lnce OF their own schemes.