Los Angeles herald., 1910-04-26
Leftover Work
of Legislature
of 1910 By Franklin
vi L w. Hichborn

Until the federal constitution can
be amended-a most difficult
~ thing to do-United States sena-
tors will be elected by the legislatures
OF the several states. The more pro-
gressive states of the union. however.
have adopted legislation which gives
candidates for the legislature oppor-
tunity to pledge themselves, when they
come to vote for United states sena-
tors, to abide by the choice of the cleo
tors as expressed at the polls.
The legislators may, of course.
break their pledges and name whom
they please for senator, just as presl-
Dental electors may break their I'M
piled pledge and name for president
some citizen other than the convention
named candidate. But in practice this
has never happened, and probably
never will
AS in the case of all reforms, pro-
visions for popular choice of senator
pass through slow process of eVolu-
tion. Most of the states that have
adopted the rule give candidates for
the legislature opportunity to pledge
themselves to abide by the choice OF
the electors of their party. The can
didate for United States senator at
the primaries goes on his party ticket
precisely as the candidate for any state
office. The members of the lesislature
Of the party in control are bound by
pledge to elect to the United States
senate the candidate whom the major
ity of the electors of their party have
at the primaries named as their
choice.
The next step in the development OF
the system is to extend the choice foI
senator to the whole people instead ol
restricting 1t within party lines. This
has been done in oregon.
In that state candidates for the Unit
ed States senate enter the primaries
the same as any state ofhcer. Inc
name of the successful candidate oil
each party is placed on the ballot at
| the final election. The candidate re-
ceiving a plurality of the vote of the
whole state is then declared the choice
of the electors. The Legislature may OF
NAV not abide by this choice. Bui
each candidate for the legislature Is
given opportunity to pledge himselt 70
do so. He is not even compelled 10 Sc
pledge himself. But with public oplh-
| ion strongly favoring the election oil
federal senators by popular vote, can
didates for the legislature do Volun-
! tarily pledge themselves to abide by the
vote Of their constituents, and they
| keen their pledges. In oregon, lot eN-
ample, at the last general election a
Republican legislature, voluntarily
candidate for United states senator
who received the highest number oi
votes is a Democrat. NeVerthelessi tle
Republican legislature, voluntarily
pledged to abide by the choice of the
people, elected this Democrat to the
! Trnited States senate.
The trainers of the California direct
primary bill did not go so tar as ore
eon has gone. Instead they kept tne
election of United States senators with
in narty lines. The bill contained two
pledges, designated as statement NO
i" and statement No, 2"
Statement No. read as follows;
IT further declare to the people OF
california and to the people OF the
- (senatorial or assembly, district
that during my term of office, Wlthout
regard to my individual preference. l
will always vote for that candidate FOR
limited States senator in congress VINO
shall have received for that once the
highest number of votes cast by my
party at the September primary cleo
ton next preceding the eleclioh VI q
senator in congress"
If the legislative candidate did not
care to sign Statement No l. he was
eiven opportunity to sign Statement
No. g." which read:
II further declare to the people OF
California and to the people of the
- senatorial or assembly, district
that during my term of office shall
consider the vote of the people at any
primary election for United States SEN
ator as nothing more than recon-
mendation, which I shall be at liberty
wholly to disregard, If | see MT.
The whole fight on the direct pri-
mary bill centered on these two pro-
visions. The machine element labored
to strike them from the bill; the anti
machine element fought to retain them.
The battle-ground was the state senate,
which finally divided evenly on the
issue, twenty senators on each side.
The lineup was as follows:
To give electors within their party