El Paso herald. (El Paso, Tex.) 1901-1931, 1912-10-14

electoral colleges" Of the various
states and sometimes improperly refer
to the whole body Of electors as the
electoral college there is no consti-
tutionaI warrant for either term. But
as far back as 1900 the electors of a
state were declared in congressional
debates to constitute an electoral col
lege,I and in 1915 the term came to be
recognized in Law, that being the year
/ when the uniform date of choosing
electors was fixed by congress
The reader is sufficiently familiar
with the method of nominating cleo
I tors to justify only passing mention
here. 1t is well known that the poll
teal parties choose their electors oy
the ordinary party machinery, ana
I that each state is entitled to as many
electors as il has senators and repre-
scatatives in congress. Parties lhe
! have not been parties long enough
to have acquired certain NUMBER OIL
votes at d previous election, can SeI
on the official ballot in most states
! only by petition unless it captures the
machinery of some older party.
states Control Electors.
The bringing of that issue to the
supreme court through the Kansas
difficulty brings TO mind a passaSe
B from the law of 1887 bearing on the
subject, and if the court decides II
has Jurisdiction it probably viii nave
J TO deny the cOnstitutionality Of at
: least a part of that act There II IS
3 stated that any state shall have pro-
vided by laws enacted prior to the
day fixed for the appointment OF inc
I electors, for its final determination o.
; any contest or controversy couceEnlh5
4 the aDpOintmcnt of any or all OF It's
: electors. whether by judicial or otnef
J methods or procedures, its determine
lions shall be final. provided 1t De
/ made six days prior TO the meeting OF
/ the electors.
/ In other words, according to TINS
! statute Kansas has until November .
! TO enact a law creating means OF
! settling its own controversy, ana un-
/ til January to settle 1t, before any
( other action for the ascertainment OF
J the qualifications Of the electors ap-
, pointed can be taken
The almost unanimous opinion OF all
! those who have discussed the question
! in the vOluminOus debates IN congress
going over period Of century ana d
J quarter has been that the legislatures
. OF the states have absolute control OF
/ the choice of electors except IN the
! matter of the time of this chOlce. one
J orator remarked that the legislature
. of a state might authorize the choice
, OF the states elcCOrs by board OF
/ bank directors. by a turnpike corpora
Z ton. or by a syna cog, and the choice
thus made would have to stand New
York's legislature might meet today
+ and authorize former police Lieut.
( Becker to choose the electoral college
! of the state and no one could say an
: effective word against It.
Formerly Selected BY Legislatures.
While public opinion has forced all
I the states to place the choice OF thelr
7 electors in the hands Of the people
/ themselves IT was not always So As
I recently as 1876 Colorado chose It's
/ electors BY the legislature, and South
/ Carolina made its choice that way
/ continually UP to the civil War- me
/ all the states today elect their electors
( through the general ticket plan, there
J is nothing that COmpels them to DO
7 so except the force Of public sentl-
I ment. The whole body Of voters IN a
( state. under this plan, vote for full
/ number Of electors to which the state
/ is entitled. The trainers Of the con-
! stitution seemed TO have in mind that
! electors were to be selected Just like
! members of the senate and house OF
I representa- tives-twO for the state at
large. and the others, one 1or eacn
congressional district.
| That was the general practice al
first, but soon the larger states FOUND
I that they could carry more influence
by eleCtinZ their electors on the gen
/ eraI ticket plan, and once they adopt
/ ed that method. the others had 10 fol-
low suit. AIichiga vote in 1892 was
an exception. Its legislature was
| Democratic and that body knew that
body of electors the state would 60
soHdly Republican; but that If the
! electors should be chosen by congress
sional districts several Democratic
? electors would get in Therefore the
! latter method was resOrted to and the
| Republicans appealed to the supreme
/ court against it, only to be told thai
the legislature had acted within its
rights
Certifying Names of Electors.
The act of 1872 provided that the
/ electors should be chosen not more
than 81 days before the first " ed
/ nesday in December. and 1t was not
until 1915 that our present natlona
! election day, the Tuesday after the
/ first Monday OF November, was fixed
( When once this choice is made. anc
! the result determined the governor OF
! the state is directed to make out a
| certificate showing the number OF
! votes cast for each candidate for cleo
tor, and who was declared elected
Z and this ne must send TO the Secre-
| tarv of state of the United States. A
the same time he must make out three
/ copies Of this also witnessed by his
seal, and deliver them to the electors
/ chosen. He notifies them, and they
meet at the appointed time and pro-
( coed to ballot.
When they have done so they make
out three certificates of the result, at
I taChing to each one copy OF the
/ governors certificate atteSting theu
/ these they deliver to the judge OF the
. United States district court in whose
: district they meet. Another the!
send to the president OF the United
States senate by registered mail, while
a third goes TO him by a messenger
! appoined to carry it, No power lie!
/ anywhere to compel the governor Il
I certify the election of electors, anC
governor Hancock Of Massachusetts
I when the first election was held unde
the act of 1892, declared that he GER
/ titled the list with a protest agains
/ the right OF congress to order him tC
do so.
Must Votes On Same Day.
The constitution, thinking to keeI
I the electoral colleges removed from
politics provided that no man could
serve as an eleCtor who held a posi-
! ton of profit or trust under the Unit
I ed States government. But who shall
I determine the natter This question
I has come up many times. Some have
I contended that ii depends entirely up
! on the good faith of the states ant
that il they do not prevent electors
who hold such positions from voting
! no other power can. Congress has no
/ definitely passed upon it, although i
I has counted votes of men who were
! under this inhibition. Others asser
! that il this view is taken, il naturally
/ follows that if the electors choose
Z man COnstitutiOnally ineligible. Their,
H. Id a