Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-05
THE STEPHENSON CASE.

HtiD UhlNiiffk III WV ttAHA hhT Wv
a matter Of much Interest t%hroughol
the country. especially in politics
circles. The matter may be sun
married. as follows. When the tim
arrived. on January 26, for tho lcsis
laturc Of Wisconsin TO proceed to ia
business Of choosing q senator. NJ
stephenson received a majority 1
each branch. and was therefore dul
elected to suceeed himself. accordin
10 the law of the United states, bn
for some unknown reason the join
convention Of the two houses whicl
assembled the next day, refused, am
still refuses, 10 certify the fact of hi
election to the senate
The trouble results from q split be
tween Stephenson ana LaFolloito
Stephenson had been the chief sup
porter OF IaFollette In his fight 70
the primary principle ana law and II
his other crusadcs for years. but whei
stephenson seemed to have erected
machine and following of his own
senator f.aFollette became his antag
onist, ana the laFollcttn men In Tho
Wisconsin legislature refused 10 ratlf,
the decision OF the peoples wiz %
expressed In the primary.
The opposition 10 stephenson 4
grounded ON his ex lenditure Of
money. His statement of expenses
shows that he expended upward Of
si06,000 OF which, IN addition to pay
mcnts for printing. postage ana the
like. he gave $4,000 TO five political
agents.
The constitution of tho United
states relative TO the election of Unl-
ted states senators snys;
section 3. The senate OF the
United states shall be composed
of Two senators from each state.
chosen by the legislature there
of for six years, ana each SEN
ator shan have vote
In so far as the fundamental in
strument rs concerned, the legislature
may adopt any method of olcctina
senators. Congress, however, passed
u law. TO be found In 1910 revised
statutes, to determine the mode OF
procedure, The statute provides that
each house shall ballot separately
the candidate receiving a major
ity Of each house shall DC entered
on the Journal. and that
tN.t 1 % ..f.I..tf ragrtIlutt ~ tIn
day following that on which pro-
cccdings are required to take
place as aforesaid, the members
Of the two houses shall convene
in Joint assembly. and the journal
OF each house shall then be read
aud IT the same person has re-
coived q majority OF all the votes
In each house. ho shall be declar-
ed duly elected senator. But IL
the same person has not received
a majority OF the votes in each
house. or IL either house has
failed to take proceedings as
required by this section, the joint
assembly shall then proceed to
choose. by a viva voce vote Of
each member present, a person
for senator, and the person who
receives a majority of all the
votes Of tho Joint assembly. Il ma
iority Of all the members elected
ia both houses being present ana
voting, shall be declared duly
elected"
IL win be perceived that the Law is
mandatory. and directs that the per-
,n for whom all Tia conditions
AIMED have been fulfilled. shall he (
elected senator" The Wis
,nsln legislature has refused to S
boy the statute. No force on earth, I
can compel Il to vote for ,
.Lephcnson. but to all intents ana pur- I
,scs he has been elected \ ccrti-
ed copy of his election by the houses
,tlng separately has been sent 20
'ashiugton, and a contest Will iol- '
W The senate was party TO the
.ssage Of the statute regulating the
of senators. aud the lcgisla-
re- refuses 60 obey the law \
Tho senate Is tho sole judge OF the r.
affiliations OF its members. pro y
lcd the constitutional mandates "a
have been obcyed. 1aFolicttc I,
probably the most unpopular man
the senate with the older senators ~
q following Is but handful. IL viii N
Therefore, be rash to predict that n
Senator IaFollcttc may delay W
,grcss. senator Stephenson viii he "
Ga the senate. %
\otc-A dispatch was received last
mt. after the foregoing was in type
ling that the Wisconsin Joint as
nhly had elected Mr.. stephenson.
the twcnty-third ballot. and that re-
the charges against him had been A.,
AIRED up. lie was not sworn In da
h the other new senators yestor- M
:. but his credentials viii probably ~
presented by senator LaFollctte he
the next session OF tho senate. fei
Of our territorial exchanges :"
intensely bitter In their dcnunei a.,