New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-27
on TRIAL.

II is apparent that the system OF choosing
United States Senators at popular primaries
and binding the state legislatures to aoi"e d!
the choice is going to receive severe test thls
winter Not only i'll oregon is there faik OF
eecting some other man Senator thah me one
who was successful in the primaries, nut aiso
in Kansas in Missouri ard in Illinois. Ever!
where the same arguments are heard-ihat lne
direct primary system Of choosing tnitea
States Senators is invalid on the ground that
the laws providing for it would not be upheld
nv the courts because they provide different
way III naming Senators than that LAID GOWN
in the Constitutions that frauds vitiated the re-
suits of the primaries; that the party voters
clearly did rot mean to instruct for the canal
date victorious at the primaries, because the
other party or the other faction of the party
was successful in the Legislature
III Oregon it is urged that the RepuDHcah
nomination for Senator was the result or Dem
ocratic votes deliberately cAst at the Repub-
lican primary in order 70 force the republican
party 10 put up a weak man for the office.
Then with this weak candidate named, the
Democrats were easily successful at the polls
Therefore il is urged that the Republican leg
islators who are pledged to abide by the re-
suits of the popular election violate their pledse
and elect, not the Republican who was success
ful at the primaries. but his defeated opponent
The reasoning by which a reversal OF the e1-
pressed will Of the people is justified Is far
fetched Probably the participation Of Demo
Gratis in the Republican primaries is greatly
exaggerated, and the motive of those VINO ala
participate is very likely misrepresented. nor
does it appear certain that if the. Other kepuo-
lcan candidate had won. the result at the polls
would have been different. Governor Cham-
berlafn the successful Democratic candidate
has reDea tedlr defeated Republican candidates
in the Republican state of Oregon. and prop
ably would have won In any event. IT the SIT
uation is anomalous, the proper thing To 90 Is
not 10 break the law. but 10 repeal It,
In Oregon the popularity chosen candidate
for Senator is of different party from the
majority Of the Legislature. In Kansas and
Missouri he is of a different faction OF the
same par1y from the majority OF the LeglSla-
ture That Is urged as Just as good an excuse
as exists in Oregon for violating the Will OF the
people expressed in the primary law Frauds
are alleged. If the election were to be held over
again the public is told that the result would he
different: therefore the legislators are ad-
yised To let the defeated candidates friends in
teFpret for them the second thought OF the
electorate. In the Kansas Legislature. out OF
us members only SO. if not hound ny the
result of the primary. would be supporters
of RriStov The others are urged to obey the
federal Constitution and vote according 10
their .consciences'' In Missouri the Folk legts-
Iators outnumber the Stone legislators two to
one In Illinois the outcome of the Senate
primary is regarded as not necessarily binding
upon the Legislature, and in North Dakota
also the contest is to be carried into the LegSla-
lure.
Proba bly, such contests are inevitable, for
the system is new and the custom is not yet
established Of abiding by the results of the pri-
maries But il is TO he observed that the direct
urinary system was created in response to
demand by the people. Violation of it VIII
probably be hazardous for the party that Is re
sponsihle and extremely dangerous 10 the in
dfvidual legislators who are persuaded by the
kind of arguments We have rehearsed to break
their pledge 10 their constituents. PROBABLY
the talk of ignoring the primary results VIII
come To nothing If it avails and the primary
system fails to secure TO the people the right
of selecting their Senator's new impetus VIII
he given 10 the movement for constitutional
amendment providing for the election of Sen
ators by popular vote.