Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-14
BY Frederic ]. Haskin.

Although we speak of the electors
as constituting the electoral "col-
leges' Of the various states, and some
times improperly refer to the whole
body Of electors as the electoral col
lege." there is no constitutional war
rant for either term. But as far back
as 1900 the electors OF state were de-
clared in congressional debates to con-
stitute an electoral college," and In
1845 the term came to be recognized in
law. that being the year when the uni
form date Of choosing electors was fix
ed by congress.
The reader IL sufficiently familiar
with the method of nominating electors
to justify only passing mention here.
It is we'll known that the political par
ties choose their electors by the ordi-
nary party machinery. and that each
state Is entitled to as many electors
as it has senators and representatives
in congress. Parties like the Bull Moose
organization. which have not been par
ties long enough to have acquired a
certain number of votes at previous
election, can get on the official ballot
in most states only by petition unless
it captures the machinery OF some
older party.
The bringing Of that issue to the SUI
preme court through the Kansas Diff
ficulty brings to mind a passage from
the law Of 1887 bearing on the subject.
and If the court decides 1t has juris-
diction 1t probably Will have to deny the
constitutionality of at least a part of
the act. There it is stated that any
state shall have provided by laws en-
acted prior to the day fixed for the ap-
pointment Of the electors, for its final
determination of any contest or contro-
versy concerning the appointment of
any or all of its electors, whether by
judicial or other methods or pro-
cedures its determinations shall be
final, provided 1t be made six days
prior to the meeting of the electors.
In other words, according to this
statute Kansas has until November 5
to enact a law creating means of
settling it's own controversy, and un-
til Jan. to settle 1t, before any other
action for the ascertainment of the
qualifications Of the electors appointed
can be taken.
The almost unanimous opinion OF all
those who have discussed the question
III lne VOlumlnOuS DEBATES IN congress,
going over a period of century and a
quarter, has been that the legislatures
Of the states have absolute control of
the choice Of electors except in the
matter Of the tinie Of this choice. One
orator remarked that the legislature of
a state might authorize the choice OF
the states electors by board of bank
directors. by turnpike corporation, or
by synagogue, and the choice thus
made would have to stand. New York s
legislature might meet today and au-
thorize former police Lieutenant
Becker to choose the electoral college
OF the state and no one could say an
effective word against it,
While public opinion has forced all
the states to place the choice of their
electors In the hands Of the people
themselves it was not always so. AS
recently as 1876 Colorado chose its cleo
tors by the legislature. and South Caro-
lima made its choice that way contin-
ually up to the civil war. While all the
states today elect their electors through
the general ticket plan, there is moth
ing that compels them to do so except
the force Of public sentiment The