The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-25
Modification In Massachusetts,.

HIS fICeilsilCN tnat Il 10 Nv, Tower
nor-elect FOss OF MassaC husetts. ia
making some progress in the study
OF our constitutional institutions His
progress is mighty slow. This IL evil
dent from his continued efforts TO in
terpose his somewhat obes.' ideas be-
tween senator HENRY CABOT LODGE
and the Capitol AZ Washington.
Yesterday morning Mr. Foss pub
hshed a statement in which he said
shall recommend to- the Legislature that tn.
matter Of the senatorial selection he referred 20
ne people for ih~r decision the polls neat fall
pnIcss the Legislature shall decide the question
before tina, time
The Governor elect goes on 10 sug-
gest an Unconstitutional agreement
or arrangement bV winch the choice of
o Senator shall be- rvadei until the Leg
stature can enact law PROV iding for
the expression of the popular prefer
enCe as 70 a Senator.
This simply means that the Governor
elect III Massachusetts is willing and
anxious to enter into a conspiracy 10
nullifv existing law IN order 10 apply la
antecedent conditions projected leCiS-
lation which suits his PURPOSES better
than the present law This i a serious
matter.
The CONSTITUTION of tn" United States
provides that
The senate ~ the uIi~d states Sniu Ne com.
posed n two senator from each state chosen 10
the Legislature thereof. 'or ,.S year,
The law of rha nred States provides,
in Section II -: the Revised Statutes
The Legislature - zach state vrIrh = chosen
NEXT preceding me expiration - 90" term Tor
which any senator vas elected 90 represent -gcN
ssats In Congrr,, ,ha'. un m" second Tu~-day
after the meeting snd organization thereof prr
ceet to the election - senator 20 Congrr>-
The following section preScrib"s tho
method OF procedure Tor the election OF
a United States senator a. ordained in
Section u Each house shall openly nv
viva vocc vote on the dav prescribed
name one person for senator. IL either
house fails 10 give "A majority 10 any
person on the day prescribed, or If the
two houses fail 70 choose the same per-
son, on the next day M noon the two
houses shall convene in joint assembly
and vote as such for "A senator AT least
once. II there l. no majority for any
person the two houses must convene in
joint assembly AZ - O'Clock meridian of
each succeeding day during the session
and take M least one vote every day
until Senator i elected
This ia the law in Massachusetts and
in every other state OF the Union.
The Constitution OF Massachusetts, bv
the amendment adopted in 1893. provides
that:
The General Court shall assemble every year
On The ssid nrst Wednesday In January. and shall
proceed. at that session. to make all the election.
and do all the other acts required to be made and
cone 90 the session which has her-tofore com
nenecd the last wedr day Of May
The Constitution Of Massachusetts
also provides that before the Hon. l.
y. Foss enters upon the duties of the
office of Governor he shall take this oath
81. EroESE v Foss DO soernnIy swear that
viii bear true faith and allegiance to the Com
monweal'h Of Massachusetts, and will support tbs
Constitution thereof so help me Con
This is all, We think, that il il neCes-
sary for the Hon. ErGESE NOBLE Foss
20 understand before carrying further
his apparent intention To nullify tho
laws after taking his oath ~ office ".
repeat that IL Il a serious matter.