Omaha daily bee., 1911-01-18
BROWN CRITIC OF BORGH BILL
Nebraska Senator Says Measure Far
Too Broad in Powers.
TAKES AWAY ELECTION INQUIRY
Measure for direct Election of sena-
tors at Present in Dangerous Form,
Nebraaknn ThInks-wOOd
for Register.
lFrnm a staff CnrresnnndentN

WASHINGTON. d. g, Jan. lL-tSpeclal
Telegram )-Senator Norris Brown who has
be an uncompromising advocate Of the
proposition to elect United states sena-
tors by direct vote Of the people sees In
the joint resolution reported recently by
Senator Borah from the committee on
judiciary. proposing an amendment to the
constitution providing that senators shall
be elected by the people Of the several
states, a complete abrogation of the right
OF congress to inquire into the manner by
which such elections was held.
The Borah amendment Contemplates two
distinct propositions
First That United states senators shall
be elected by the people OF the several
states and not by the legislatures which
Is the law.
Second. That Il conflicts with all Of Par
agraph one Of Section 4 of Article / Of the
constitution, insofar as Is relates to any
authority in congress to make or alter reg
ulations as to the times or manner Of hold
ing elections for senators The second para
graph of the Borah amendment is believed
by constitutional lawyers to conflict with
the fourteenth amendment.
Senator Borah, it is understood frankly
said to ome-of his friends that he was
compelled to insert the second paragraph
regarding the right Of states to do as they
pleased as 10 the election OF senators in
order to secure enough democratic votes
to report the amendment out OF the com
mittee.
Urges single Proposition.
Senator Brown in conference with Borah
La Toilette, Bristow. Cummins, Beveridge
and Clapp urged Borah to divide his pro-
posed amendment to legislation so that
! states might vote upto two propositions in
stead of having to vote on one as 1t stands
now, with two distinct clauses because.
should the Borah amendment prevail, there
would be no federal right whatsoever to
examine the legality Of elections.
Mr.. Brown believes that the people should
| have a right to vote on simple amendments
giving power TO elect United States sena-
/ tors to the electors themselves and the
| amendment should not be encountered by
extraneous matters.
! Senator Sutherland of Utah has an
amendment to the Borah amendment pend
ing which divides the question so that
| senators may go on record for one or
both propositions as they choose. There
has been no demand whatsoever from any
party through it's platform calling for re-
peal of that particular paragraph which
gives congress the right Ito make or alter
such regulations except as to the places
Of choosing senator's" and to load the
amendment down means its defeat. accord
| ing to many senators. Senator Brown will
speak on the amendment when it comes
before the senate formally.
Senators Burkett and Brown today Joined
in recommending the appointment Of w.
w. Wood as registrar of the land office
at Alliance.
Both senators from Nebraska are in re-
ceipt of many letters from citizens call
ing upon them TO closely examine the pro-
posed legislation relating to the creation
Of national bureau of health. These cor
respondents say that bills are being pushed
for selfish purposes.
John c. Stevens of Portland, Ore. for
merly a resident Of Lincoln. is in Wash
ington attending the conference OF engi-
neers in conjunction with officials of the
geological survey as to the water supply
of the country.
Homestead Bill introduced.
Representative Mondell today introduced
a bill which, II enacted, will give greater
relief TO homesteaders whose final proofs
on entries have without their knowledge
been protested by agents Of the general
land office. who in recent years have been
abroad in the western states in great mum
bers. 1t is said that there are at least
600 'Kinkaiders" whose final proofs have
been held up without their being given ar
opportunity to be heard, but who would
be afforded relief by this measure Of Mon
dells.
The Mondel bill provides that no fina
proofs on land entries shall be suspended
r on the protests of special agents Of thu
: general land office, chiefs of field divisions
or any other personalities without good ant
sufficient legal reasons. and in every cas-
Z where action on final proof is thus sus
I pended IL shall be the duty of the office
, upon whose protest proof was suspended, 4
q furnish the register. and receiver in tn
n district only in which the land is locates
e with his reasons for such suspension, whicl
r shall be Immediately transmitted to tn
entryman. with notice of suspension, AM
with opportunity to answer the same o
ask for hearing, which, when demanded
shall be promptly had.
Representative Hubbard of Sioux City
J who has been confined to his apartment
for several days suffering from a sever
cold, was again at the capitol this morn
ing.
f. J. McVann, traffic commissioner O
the Commercial club. and Charles e. FNIlle
OF Omaha, are at the New Willard. Nj
A McVann Is TO participate in the heaTin
"a OF the western rate cases pending befor
the Interstate Commerce commission.
Clifford w. Thorne, Iowa state railroa
- commissioner, Is IN Washington to Rppes
before the Interstate Commerce commits
~ sion Thursday In the western rate cases.
, Hornets CAPTAIN and