Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1909-11-16
VOTE REFORM AT Sci"
Election of u. S. Senators by Popu-
lar Ballot May Be Delayed
by Technicality.
QUESTION NINE STATES ACTION
Legislatures Said Not to Have Given
Valid Notice to Congress
Change Asked by 81.

1t has recently been asserted in the
press of the country that legislatures
in two-thirds of the States having
called upon Congress to authorize the
holding of a constitutional convention
for the purpose of preparing an
amendment to the constitution Tor the
direct election of United States Sen
ators, it now devolves upon Congress
to issue such a call AS a matter of
fact, thirty-one of the forty-six States
of the Union have, through their legis-
latures, expressed sentiments fayora-
bic to such action, but there is Ques-
ton as to whether some of the legis-
latures have addressed Congress in a
Legal manner. Leroy T. Vernon. writ
ing in the Chicago Daily News, says
that such officers of the Senate as are
now in Washington are inclined to the
belief that a sufficient number of
States have not legally acted on this
subject
On Dec II, 1891, David Turpie,
Senator from Indiana, proposed res
olution in the Senate providing that
an amendment be proposed to the leg
islatures of the several States, which
when ratified by three-fourths Of the
legislatures should become part OF
the constitution.
The Turpie amendment read:
Article i, section g. That the SEN
ate of the United States shall be COM
posed of two Senators from each State,
who shall be chosen by the direct vote
of the people of the several States, for
six years; and the electors in each
State shall have the qualifications re-
quisite for the electors of the most nu-
merous branch of the State Legisla-
lures, and each Senator shall have one
vote"
Upon motion of Mr.. Turpie this res
mutton was referred to the committee
on privileges and elections. 1t was
never heard from again.
In the constitution another method
is provided for proposing amendments.
Article of that document reads:
Congress, whenever two thirds Of
UOlll HOQSSS SIlStll uGGll II hSNOooeAA
shall propose amendments to this
constitution, or, on the application Of
the Legislatures of two-thirds of the
States, shall call a convention for pro-
posing amendments, which, in either
case, shall be valid to all intents and
purposes as part of this constitution,
when ratified by the Legislatures of
three-fourths of the several States or
by conventions in three fourths there
of, as the one or the other mode of
ratification ray be proposed by the
Congress"
No Way of Notice Provided.
1t will be noticed that no machinery
for the transmissions of applications
by the States for an amendment to
the constitution is provided in this
article. 1t is doubtful if there is any
provision anywhere for a method for
calling these applications to the atten-
ton of Congress. Much is left to the
discretion of congress as to the form
of these applications, therefore, and
the method of their transmission, and
it is here that one hitch lies as to the
legality of the applications now on file
with respect to the proposed amend
ment for the direct election of United
States Senators.
On Dec. 3, 1895, the State of Idaho,
taking advantage of that provision of
Article v which permits States to APP
ply to, Congress for authority to hold
constitutional convention, passed
resolution requesting Congress to call
such convention. Since then the
States of Wyoming. Ohio, Minnesota,
Montana, Utah. North Carolina, North
Dakota, Nevada, Washington, Tonnes
see, South Dakota, Colorado, Oregon,
Michigan, Nebraska, Iowa, Kansas,
Missouri, Illinois, Wisconsin, New Jer-
sey, Louisiana, Oklahoma, Pennsylva-
MIA, Indiana. Texas, California. Arkan-
sas, Kentucky and Alabama have
taken legislative action in some form
or other expressing either a demand
similar to that of the State of Idaho
or a sympathy with the intent of the
Idaho resolution.
These thirty-one States form a con-
stitutiolal two-thirds of the forty-six
States of the Union. but only twenty
four of them are on record as hav-
ing sent the request to the Senate.
The resolutions from Ohio, which was
the third State to act, were only re-
cen+lv diccovered in the Senate files
1t is possible, therefore. that a lurther
search of the files may increase the
number of State resolutions on this
subject. A legal quibble is bound to
ensue over the form of these resolu-
tions. Nine of the resolutions already
are held to be of doubtful legality
Congress has it within its power to
defer action in calling of constitu-
tional convention as dong as it sees
fit. The presumption is, of course, that
Congress shall call this convention as
provided in the constitution as soon
as two-thirds of the States shall have
made out application for it, but it is
believed here that nothing short of
popular demand that Congress shall
meet the situation viii bring about
early action
Gonzalo de Quesada. formerly Cuban
minister to the United States and now
a member Of the permanent court at
The Hague by appointment Of the Re-
nublic of Cuba. has been selected by