Arizona republican., 1910-11-01

Having taken so many chances the constitutional convention decided overwhelmingly yesterday to take an- other and to experiment a little fur ther with the patitnce of the presi- dent and congress. Discovering what 1t believed to be a defect in the en- abling act, the convention set about correcting 1t. Some of the members were not sure whether the defect was an intended one or whether 1t was the result of a mere oversight by congress but anyway. it needed correction and 1t is going to get 1t.
 That is, a temporary law is to be made under which the first state election shall be held though it was manifestly the purpose of congress that it should be held under the cleo ton laws of this territory prior to 1909 The election law for which the convention will provide will con tain a direct primary law with an advisory vote for United States sen ators.
 This matter came before the con- vention on Saturday in a special re- port from the committee on elections
 
 ment could be made without conflict with the enabling act and the opin- lon of the convention on the subject was desired. Many of the members on the spur of the moment had an affirmative opinion ready but others thought that the question was one that deserved some consideration and the matter went over until yesterday when it was to be reported to the whole committee.
 Direct Primary Debate
 It was briefly considered and the committee voted in favor of the plan. When the report of the whole com mittee was received by the conven- ton, MT. Kingan rose with a word of warning Personally he said he favored the popular choice of United States senators but he did not be- Eeve that the United States senators would favor it but would insist that the constitution of Arizona in this respect should conform to the spirit as well as the letter of the consti- tuition of the United States which contemplated that senators should be selected by untrammeled legisla- lures
 Replying, MT. Ellinwood said that the legislatures of thirds of the states have declared in favor of the popular election of senators; that one resolution of this kind had found favor in the house of representatives and that this method of electing sen ators had received the endorsement of President Taft The constitution he said would have been so amended but for the persistent opposition of the United States senate. MT Kin gan had referred to the effective re- luctance of the senate to adopt the change.
 MT Cunniff believed that the logi- cal end of MT. Kingan's reasoning would be an opposition to advising candidates for electoral delegates of voters choice for president and vice. president and MT. Winsor alluded to the untrammeled legislature of Illi- | nois However all of this had nothing | to do with the objection of MT. Kin l gan who had expressly stated that he | favored the direct election of senators | but believed that the thing proposed | to be done would necessarily imperil ] statehood.
 
 the election committee explained that | 1t was not meant that this provision |, was to be made a part of the con- | stitution but that it was intended | only for application to the first state | election, because in the opinion of | the committee that had not been def | initely provided for in the enabling | act.
 Fraught With Danger
 Judge Wells spoke at length against | the plan. He said it was. undoubted- ly the desire of the convention to avoid entanglements and he believed | that the convention could not follow | the enabling act too closely. An ex- pression of the choice of the voter for United States senator might be given at the primaries but that was not the essential point under discus sion; it was the power of the con vention to change the election laws. Congress in the enabling act by its continuity of reference to the laws of the territory in connection with the election of delegates to the constitutional con- ventior, the election on the consti- tuition and the first state election, had shown clearly what it meant. Else where, in another connection it had expressly provided that the existing