The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-05-26
MR.. DlLLINoHAMs POSITION
Thinks Direct Election Of Senators Is
Not Needed.

/ senators Clafk OF wyoming nelson
Of Minnesota Sutherland OF Virginia,
Join, and in dissenting in a minority
report from that part Of the resolution
proposing an amendment to the Con.
! stitution providing for the election Of
senators by direct vote of the people
which takes from Congress the
power to regulate the election, the 9th.
er members of the Senate judiciary
committee Senators Dillingham; of Yer
mont, Brandegee, OF Connecticut and
Root of New York, go further and
| think that the change to a direct vote
would be injurious and add to the mi
nority report further views, as fol-
! lows.
"The undersigned, who have joined
in the foregoing expression of views
regarding the amendments of Sec.
Of Art. of the Constitution, wish also
to put upon record an expression of
their opinion that the amendment of
| Sec OF Art ! so as 10 provide for
! the direct election of senators by the
people instead of by the state legis-
/ latures is inexpedient and unneces-
sary, We think that the change 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 legis-
lation, without any amendment to the
Constitution A bill for that purpose
Is. 123) is now pending in the Senate
William F. Dillingham;,
Frank B. Brandegree,
"Elihu Root"
The minority report quotes the res
olution now before the Senate and
says:
This contains two separate and dis
tinct amendments to the Constitution.
The first is an amendment TO Sec.
of Art l, so as TO provide for the d.
rect election of senators by the peo-
pie. The second is an amendment of
Sec. 4 OF Art l, so as to destroy the
power which the national government
now has to regulate and direct the
time and manner of electing members
of its own Senate.
The fourth section of the first art
icle now reads as follows:
1.-The times, places and manner Of
holding elections for senators and
representatives shall be prescribed in
each state by the legislature thereof,
but the Congress may at any time by
law make or after such regulations
except as to the places Of choosing
senator's.
Under this provision it is clearly
contemplated that the authority to
prescribe the times, places and man
ner of holding elections for represen-
tatyes and senators should primarily
vest in the state legislature, but that
the ultimate power 10 make or alter
/ such regulations should forever re-
main in the hands of the federal gov
eminent II Is manifest that the
trainers of Constitution intended that
this supervisory power on the part of
/ Congress should exist independently
of the way in which the members Of
/ / Congress should be elected. Repre-
sentatiyes under the Constitution are
now elected by the people, senators
are elected by the various legislatures
but in both instances the authority Of
Congress to regulate the election is
preserved.
The resolution also makes another
change in Sec 4 which win be inn
portant in determining the construc-
ton OF the instrument and the nature
of the powers TO be exercised by the
state legislature The present pro.
vision is a command to the state leg
.islature to prescribe the times, places
and manner OF holding elections, sub
iect 10 the ultimate authority OF Con-
gress; in performing that function the
state legislatures are discharging a
duty under the Constitution of the
United States, acting by its authority
The proposed amendment inserts the
word as before the word 'prescrib-
ed" and makes the provision read:
THE times. places and manner Of
holding elections for senators shall be
isaure thereof
"The command to the state legs-
latures is thus taken out of the Con-
stitution and the legislatures in max
ing such regulations as they see fit
to make will be performing no duty
imposed upon them by the Constitu-
ton of the United States. but exercis-
ing according to their own will and
pleasure an authority to which the
government of the United States Will
be subjected.
"As to these proposed changes in
sec OF Art Z, we consider That
they are unnecessary to accomplish
the purpose of securing the direct
election of senators by the people.
They do not aid or contribute to the
direct election Of senators in any man
ner or degree There is no reason why
the ultimate authority of the national
government over the times and man
ner of electing senators by direct pop
ular vote should not continue to be eX
ercised over the direct election OF rep
resentatives by popular vote. The
popular election OF representatives
meets now with no objection, and un-
der the proposed amendment is to
continue. The proposed change from
legislative election OF senators to
popular election OF senator's furnishes
no reason whatever for destroying the
ultimate power OF control over the
election OF senators which the nation
al Congress now has under the Con