Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1909-11-12
REFORM AT SEA"
Election of u. S. Senators by Popu-
lar Ballot May Be Delayed
BY Technically.
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 h constitution for 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 favora-
BILE to such action. bat there is a Qu2s
ton as to whether some OF the !egis.
latures have addressed Congress in a
legal manner. Leroy Il. 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, a
Senator from Indiana, proposed a 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 a part of
the constitution.
The Turpic amendment read:
Article /, section 3. 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 severa 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
nlution 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 5 of that document reads:
Congress, whenever two-thirds of
both houses hall deem it necessary.
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 may 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 n
provision anywhere for a method for
calling these applications to the atten-
ton of Congress. Much is left to the
discretion of Congress Us 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. 8, 1895, the State of Idaho,
taking advantage Of that provision of
Article V. which. permits States to ap-
ply to Congress for authority to hold
a constitutional convention, passed a
resolution requesting Congress to call
such a convention. Since then b
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 ssme form
or other expressing either q demand
similar to that of the State Of Idaho
or a sympathy with the intent of the
Idaho resolution.
These thirty-one States fern a con-
stitutional 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-
Gently discovered in the Senate files.
1t is possible, therefore, that q further
search Of the files may increase the
number Of State resolutions O this
subject. A legal bubble is bound to
ensue over the form of these resolu-
lions. Nine of the resolutions already
are held to be Of doubtful legality.
Congress has 1t within its power to
defer action in calling of q constitu-
tional convention as long as 1t sees
fit. The presumption is, of course, that
Congress shall call this convention as,
provided in the constitution as soon
as t%wo-thirds of the States shall have
made out application for it, but it is,
believed here that nothing short of a
popular demand that Congress shall
meet the situation will bring about
early action.
Gonzalo de Quesada. formerly Cuban
minister to the United States and now
a member Of the permanent court at
MI. o,,A M, r~o;~$~po,H - <h4 Dn-