Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-14

properly refer to the whole body OF cleo
tors as the electoral college" there is
no constitutional warrant for either term.
But far back as 1900 the electors OF a
state were declared in congressional de-
ba ties to constitute an electoral college,
and in 1915 the term came to be recog-
nized 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 electors to
justify only passing mention here. II
Is we'll known that the political parties
choose their electors by the ordinary
party machinery. and that each state is
entitled to as many electors as IL has
senators and representatives in Con-
gress. Parties like the bull moose or
sanization. which have not been parties
long enough to have acquired a certain
number Of votes at a previous election.
can get on the official ballot in most
states only by petition unless 1t captures
the machinery OF some older party.
The bringing Of that issue to the SUI
preme Court through the Kansas diff
Guilty brings to mind
Clause In Law passage from the
law Of 1887 bearing
on the subject. on .he subject. and
IL the court decides it has jurisdiction II
probably will have to deny the consti-
tutionaiity Of at least a part of that act
There it is stated that any state shall
have provided by laws enacted prior to
the day fixed for the appointment OF the
electors. for its final determination OF
any contest or controversy concerning
the appointment of any or all of its cleo
tors, whether by judicial or other
methods or procedures, it's determinations
shall be final. provided it be 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. and until January
to settle 1t, before any other action Tor
the ascertainment of the qualifications VI
the electors appointed can be taken.
The almost unanimous opinion OF all
those who have discussed the question IN
the voluminous debates in Congress. go
ing over a period of century ana a
quarter. has been that the legislatures OF
the states have absolute control OF the
choice of electors except in the matter of
marked that the legislature of state
might authorize the choice Of the state 8
electors by a board Of bank directors. by
a turnpike corporation. or by 4 syna-
gogue, 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 cleo
toral college Of the state and no one could
say an effective word against ii.
While public opinion has forced all the
tn p1a bo chn Of Iei
in the hands Of
Not Always Chosen the people them
by the People. sIwaSs - So o' AS
recently as 1870 Colorado chose its cleo
tors by the legislature, and South Caro-
lima made its choice that way continually
up to the civil war. While all the states
today elect their electors through the
general ticket plan. there is nothing that
compels them to do so except the force Of
public sentiment The whole body Of
voters in a state under this plan vote for
a full number OF electors to which the
state is entitled. The trainers of the
electors were to be selected just like
Representatives-two for the state at
gressional district.
That was the general practice at first.
but soon the larger states found that they
could carry more influence by electing
their electors on the general ticket plan,
and once they adopted that method the
others had to follow suit. Michgan's
vote in 1872 was an exception. Its leg
islature was democratic. and that body
knew that II the voters should vote for
the whole body of electors the state
col In I>,,< a.
the electors should be chosen by con-
gressional districts several democratic
electors would get in. Therefore the lat
ter method was resorted to and the re-
against it, only to be told that the legis-
lature had acted within it's rights.
4
The act Of 1872 provided that the elect
ors should be chosen not more than
thirty-four days be-
Act of 1892 fore the first We'd
Provides Rules and IT. was no, until
1915 that our present national election
day, the Tuesday after the first Mon
day of November. was fixed. When once
this choice is made and the result de-
termined the governor of the state is
directed to make out certificate show
ing the number of votes cast for each
candidate for elector, and who was de-
clared elected. and this he must send
to the Secretary Of State of the United
States. At 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
proceed to ballot.
When they have done so they make
out three certificates of the result at
taching to each one copy of the gov
ernor's certificate attesting their author
ity to serve as electors. One Of these
they deliver to the judge OF the United
States district court in whose district
they meet. Another they send to the
President of the United States Senate
by registered mail. while third goes to
him by a messenger appointed to carry
ii. No power lies anywhere to compel
the governor to certify the election OF
electors. and Gov. Hancock of Massachu-
sets. when the first election was held
under the act of 11a2, declared that he
certified the list with protest against
the right of Congress to order him to do
so.
The Constitution. to keep the electoral
colleges removed from politics provided
that man could serve as an elector
Who held d position of profit or trust
under the United States government
But who shall determine the matter?
This question has come I'm MANY .i,,,a.