Arizona republican., 1909-10-23
PerpIexins Problem For Congress.

One of the problems which will per- plex congress in the coming session will be the determination of the ques- ton whether it has become the duty of that body to call a constitutional convention which shall formulate and submit to the several states an amend ment providing for the election of United States senators by popular vote.
 The legislatures of two-thirds of the states have requested congress to call the convention, and on the face of it this fact would seem to give the na tional legislature no option in the premises. The provisions for making amendments to the constitution are found in Article V of that instrument:
 The congress, whenever two-thirds of both houses shall deem it neces- sary, shall propose amendments to this constitution, or. on the application of the legislatures of two-thirds of the several states, shall call a convention
 
 either case, shall be valid to all in tents and purposes as part of this con- stitution when ratified by three-fourths of the several states. or by conven- tions in three fourths thereof. as one or the other mode of ratification may be proposed by the congress
 Thirty-one states, through their leg islatures, have requested congress to cali the necessary constitutional con vention. the action of one or two leg islatures last spring having brought the number to the necessary twO- thirds The states which have ex- pressed themselves on the question are:
 Alabamba, Arkansas, California, Col orado. Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Michi gan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio. okla homa. Oregon, Pennsylvania, South Dakota, Tennessee, Texas. Utah, Wash ington. Wisconsin and Wyoming.
 Before congress takes final action it will find itself obliged to dispose of three questions:
 l. Must the application" from the states be within any stated period?
 9 Must the applications be in iden- tical language?
 g. Assuming that the states have met the constitutional requirements. is congress at liberty to take such time as it chooses in complying with the mandate?
 The first state to act through its leg islature on this question did so more than fourteen years ago; and, as al- ready stated, the latest have acted this year. Moreover, the resolutions adopted by the several states are va rious in terms, although the meaning of the language used does not seem to be in doubt in any case.
 The discussion in the press is just beginning. As was to be expected. edi- torial opinion as to the validity of the applications as now made up hinges largely on approval or disapproval of the abstract proposition to elect sen ators by popular vote. The Republi- can, holding to the principle that the people should rule, would like to see congress give the country an oppor- tunity to decide whether it wishes to elect its senators by popular vote. So far as concerns the merits of the proposition itself. we confess to ina bility to get greatly excited. Senators, good, bad. and indifferent, are elected by the legislatures under the existing system. Senators, good, bad, and in different, would be elected by the peo- pie if they had direct vote in the election. Observation has shown that cabals. rings and combinations find it quite as easy to control state conven- tions which nominate candidates as it is to control legislatures. The people always nave the remedy in their own hands in either case, but they are sel- dom disposed to apply it. The vast majority of the citizens of state take little or no interest in the nominations for the legislature, and they take quite as little in the personnel of delegations to state conventions. Professional pol iticians and their boosters usually con- trol without difficulty in both cases.
 As to the legal questions involved. the lawyers whose opinions on con- stitutional questions are accepted as of weight are slow, SO far, to express themselves; and among the few who have ventured opinions there is lack of agreement.