Evening star., 1912-11-05
PROVIDES FOR HALF VOTES
Some Democrats Say It Would Be
Done in Divided Delegations.
HAS FOUND FEW ADVOCATES
Speculation as to When Vacancy
Caused by Mr.. Utter's Death
Will Be Filled.

AT interesting suggestion was made to-
day by some democrats in Washington
that, in case the election of President is
thrown into the House, half votes would
be cast where there is a divided delega-
ton in state and that the death of Rep
resentative Utter of Rhode Island has
made it possible for the House to give
Gov. Wilson majorfty' sufficient to
elect him President.
They say the House now stands 2fla
votes for Wilson and 231s votes for Taft,
that 241H votes are more than one-half of
the total 4S votes, one vote to each state,
and, therefore, a majority" and further
that Wilson could and would, be elected
by the House.
The Constitution requires that in the
election of President by the House 1.-The
votes shall be taken by states, the rep
resentation from each state having one
vote: quorum for this purpose shall
consist of a member or members from
two-thirds Of the states. and majority
of all the states shall be necessary to a
choice
1t Is admitted by all that there are now
twenty-three state delegations in which
the democrats are in the majority. and
twenty-five state delegations in which
the republicans are in the majority.
There are also three states in which the
democratic and republican membership is
equal
Would Get Three Half Votes.
Those democrats who claim Wilson
could be elected by the House as it
stands today contend that In the case
Of divided delegations one-half vote
should be cast for the democratic can
do l,a1
publican candidate Under this inter-
pretat on the democrats would get
three half votes. which. added to their
clear total of twenty-three. would give
them twenty-four and one-haf votes,
or one-half vote more than half of the
This theory has not found many advo-
Gates. Those wrO discard 1t point to the
precedent of 1900. At that time two state
delegations were divided and their votes
were not counted. The half-vote advocates
say such a rule deprives some states of
a voice in the election of President. and
such thing was not intended by the Con-
stitution trainers.
The opponent of the "half-vote" theory
argue. too, that the Constitution specifies
that "a majority of all the states shall
be necessary to a choice: that twenty
five is majority of the forty-eight states
and that twenty-four and q half IL not a
majority.
The possibility OF the election of the
next resident of the United States being
thrown into the House has focused atten-
ton on the provisions of United ates
and Rhode Island avs regarding the fill
ing of vacancies in the lower branch of
Congress. The death of Representative
Utter of Rhode Island has brought that
state into the specuIations.
Laws Of Rhode Island.
Those who have studied the laws deal
ing with the subject say the Governor of
Rhode Island is required to call a special
election to fill the vacancy. but he is not
required to set a time for the election,
so that the vacancy would filled at the
time the House would be required to
elect a President.
The Constitution of the United States
specifies that when vacancies happen in
the representation from a.y state the
executive authority thereof shall issue
writs Of election to fill such vacancies"
A chapter of the Revised Statutes adds
that the rules governing such elections
are to be laid down by the states.
The general laws Of Rhode Island (re-
vision of 1900. chapter 16, section 8. de-
clare that whenever a vacancy shall
happen in the representation of this state
in Congress contemplated in the sec
ond section of the first article OF the Con-
stitution of the United States (above
quoted), the governor shall forthwith is
sue his writ of election directed to the
several city and town clerks. ordering an
election 10 be held to fill such vacancy,
at as carly date. to be stated in said
writ. as will admit of compliance with
election. M No elections provided for 'b,, by
this section shall be held on Saturday"
The provisions Of law in relation to
such elections" are taken to refer to those
general laws governing the elections of
representatives at regular times. such as
requiring secret ballots, filing of nomina-
tions, registration and other usual re-
quirements. Those who have looked up
the subject say they have not found any
pone the election for any protracted time,
such as three or four months.
Intention of Gov. Pothier.
Dispatches from Rhode Island saw that
Gov. Pothier will not announce until
after today his decision regarding the
cancy caused by Representative Utter's
death.
In view OF the fact that the unexpired
term only runs until March next. or
only during the coming short session OF
Congress. it is the contention of some
that the So pecial election would be set for
the earliest time possible and the vacancy
would, therefore, be filled by the time the
House would be called upon. II 1t Is, to
elect President 1t is. however, admitted
that there Is apparently no requirement
that the governor set the time for the
election within the elapsing time except
the indefinite provision that the election
shall be "at as early date, to be stated
I'm said writ, as will admit Of compliance
with the provisions of law in relation to
SlIch elections