The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-05-23
SENATORS NJ direct VOTE.
Minority OF senate judiciary Committee
for National Control 0f Election.

/ WAsHrSaroS. May q? Senators Clark.
Nelson. Dillingham;. Sutherland. Bran
degee and Root. members Of tho Senate
judiciary Committee, in a minority report
dissent from that part OF the resolution
proposing an amendment To tho Constitu-
tion providing for election Of Senators by
direct vote Of the people which takes from
Congress the power 10 rsg nlate tho cleo
| tions. They quote the resolution now
iefore the Senate and say:
This contains two separate and distinct
amendments to the Constitution. The first
| ia an amendment to section = OF Article ]
| 40 az TO provide for the direct election of
Senators by the people. The second IL an
| amendment OF section of Article !. 80 as
10 destroy the power which the national
Government now has TO regulate and direct
the time and manner OF electing members
| OF its own Senate.
Tho fourth section OF the frat article now
| reads as follows:
The tiipes, places and manner Of holding
| elections for Senators and Representa- lives
shall he prescribed in each State by the
| Legislature thereof. but the Congress may
al any time by law make or alter such regu-
la'ions except as to the places of choosing g
Senators
uNVI 'UlN proNiSlOI! u - FlelTlN con-
templated that the authority to prescribe
the times. places and manner Of holding
| elections for Representatives and Senators
| should primarily vest in the state Legisia- :
ture. but that the ultimate power to make
| or alter such regulations should forever re-
| ma in in the hands Of the Federal Govern
ment. II is manifest that tho trainers OF
| the Constitution intended that this super
visory power on the part Of Congress should
i ..s ,,.L 1T
| the memhc Of Congres should he elected
Representatives under the constitution are
| now elected by the people Senators are
elected by the various Legislatures. but in
both instances tho authority OF Congress to
| regulate the election Ia preserved
| The resolution also makes another change
| in section which will he important In de-
| termining the construction OF the ins'ru-
| tnent and the nature Of the powers to b.
exercised by The State Legislatures. The
present provision Is a command to the
| state Legislatures to prescribe the times
places and manner OF holding elections. sub
| ject TO the ultimate authority OF Congress-
| in performing that func' ion the State Iegs-
latures are discharginH a duty under the
Constitution Of the United States. acting hy
ts authority. The proposed amendment
inserts the word AS before the VI ord pre-
scribed" ard makes the provision read:
The times. places and manner Of holding
elections for Senators shall be as prescribed
| in each State by the | legislature thereof"
The command TO the State Legislatures
is thus taken out Of the Con.'itution. and
| the Legislatures in making such regulations
az they see liz TO make will be performing
no duty imposed upon them by the Corst-
| tuition Of the United States. but eAercising 9
according to their own will and pleasure an
authority TO which the Government of the
| United states will be subjected
A TO these proposed changes in section Z
of Article J. we consider. That they are
unnecessary to accomplish the purpose OF
securing the direct election of Senator's by
the people They do not aid or contr lbute
10 'he direct election Of Senators in any
| manner or degree. There IL no reason whv
| The ultimate authority of the national Gov
eminent over tho times and manner OF
| electing senators by dreC, popular vote
should not continue to he exercised lust as
il always has been exercised over the direct
election of Representatives by popular vote
The exercise OF that national power over
the popular election Of Representative,
meets now with no objection. and under
the proposed amendment Ia TO continue
The proposed change from legislative el.c-
tion or Senators Ia popular election OF
Senators furnishes no reason whatever for
destroying the ultimate power OF control
over the election of Senators which the
national Congress now has under the Con-
sttu'ion.
| The minority propose to amend the
| resolution bv striking out the proposed
change Of the fourth section and leaving
| il as il now stands.
Senators Dillingham;, Brandegee and
Root. however, think that the change to
direct vote would be injurious rather than
beneficial and that the abuses which have
led to the proposal Of the amendment can
be obviated by a simple act Of legislation
without any amendment 70 the Con stitu-
ton. A bin for that purpose. they say. is
now PENDING in tho So nate