The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-10-15

time or the manner in which the leg
1siatures of two-thirds Of the states
shall take their cancerted action"
Must Act in Unison.
Mr.. Taylor. by way of further ex-
pianation. said that the passage by
the several states Of their respective
resolutions could not be taken notice
OF by congress officially, even IL the
senator's in the house should lay be-
lore their houses copies of these reso-
buttons. The concert Of action Of
which he speaks, and which, from his
point of view.. Is vital, must be ar
ranged by the states among them
serves and the entire secord submitted
10 congress at the same time. Neces-
sarliy, Mr.. Taylor pointed out. the
states could not take action stimuli
taneonsly, and whether one or twenty
years were consumed in perfecting
and obtaining this CONGO was a mat
ter for the states alon u
II, after this proper % 4sert of
action. the question be bfe> A.sefore
congress there are no pres to
guide that body. The actions ~. "a
states might be rejected by coiYNH
on the ground that 1t was not taKr
1 nthe manner required by the cof{s
stitution. Until the action of the
states resolves into an application"
In the language Of the constitution,
congress has nothing to do with. 1t,
and, as Mr.. Taylor explained, after
the application of two-thirds of the
States was submitted, it would prop
erly be the function of congress to
consider whether such demand was
the application" within the terms and
requirements of the constitution It.
self.
Could Be No Appeal.
II congress were to reject the ap-
plication on the ground that it had
not been properly made, there could
be no appeal. The supreme court,
IN number of important cases, has
decided that neither the legislative
nor the administrative branches Of
the government can be interfered with
in their relations to political ques-
tions, and the advisability of holding
a constitutional convention Is held to
he political question, as the demand
for 1t grows out of the refusal of one
party at the behest of another to enact
into law principles that are purely
political in their character.
The principle that neither congress
nor the executive can be restrained
by the courts where political ques-
tions are involved was clearly laid
down by the supreme court in Mis-
sissippi VS.. Johnson a Wallace, D..
475l, and in a still stronger case, that
OF Georgia VS.. Stanton, secretary of
war (6 Wallace, p. 500. The decisions
favorfng congress have been express
ed In more positive language than
those relating to the executive branch
OF the government.
Free-fOr.AI Questions
Mr.. Taylor shows plainly that once
the constitutional convention is Gre
ated. no matter what may have been
the particular matter the various
states had in mind when they took
their concert of action, the conven-
tion would be free to propose, con-
slider. or adopt any and all amend
ments that might be suggested. These
of course, would be subject to the
subsequent ratification of three
fourths of the states. In this connec-
tfon, it is worthy of note that con-
gress is given power by the consti-
tuition to designate how this ratifi-
cation shall be brought about, as
article V sets out that it may he by
the legislatures of three-fourths of
the states, or by conventions in three
fourths thereof. "as the one or the
other mode of ratification may be pro-
posed by the congress-"
The proposition to amend the con-
stitution arises out of desire spread
ing generally throughout the coun-
try for a change by direct vote of
the people, and, more recently, the
demand for authority to impose taxes
on incomes.
Views of Mr.. Ellis.
Wade H. Ellis, former attorney gen.
eral of Ohio, and now assistant to
the attorney general of the United
States, has given the subject consid-
erahle study, and what he said on the
effort to bring about the election of
senators by direct vote is opportune
as we'll as interesting. Mr.. Ellis
said:
There is undoubtedly a general
sentiment throughout the country in
favor of electing United States sena-
tors by direct vote of the-people in
stead of through the legislatures. The
opportunity ought fairly to be given
to test sentiment, and congress ought
to give the states chance to vote
upon the proposition of amending the
constitution so as to decide whether
or not the proposed change in our
system Of government is supported
by the popular vote.
"It is a mistake, however to as
sumo that under the Affirmative action
taken by; a number of the states-31. /.
I believe now-congress is required
to call a. constitutional convention.
The fifth article OF the constitution,
which provides for amending It, de-
clares that congress, whenever two
thirds of both houses shall deem 1t
necessary, shall propose amendments
to this constitution, or, upon the ap-
plication of the legislatures of two
thirds of the several states, shall call
convention for proposing amend
ments. which in either case shall be
valid to all intents and purposes as
mart of this constitution when ratf-