The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-08-05
EXTRA SESSION
Of LEGISLATURE
HELD NECESSARY
No Machinery Provided TO
Garry Out Constitutional
Amendment for Direct
Election of Senators.
EACH LEGISLATURE
MUST SUPPLY MEANS
If No Extra Session Is Held
the Regular Session Can
Call a Special
Election.

AS result of the amendment to the
constitution Of the United States, pro-
viding for the election of United States
senators by direct vote, Utah is ap-
parently facing two alternatives-eith-
er the present legislature will have to
be convened in special session to revise
the election machinery Of the state to
conform to the amendment, or the leg
islature, which meets in January, 1915,
will have to take similar action in or
der that a special election may be
called to choose successor TO Reed
Smoot, whose term of Office expires
March 3, 1915. Otherwise, it would be
impossible to conform to the amend
ment, as no action was taken at the
last session of the Legislature, which
would give electors the right TO vote
for United States senator at the gen
eral election in November, 1914.
Legislatures Must Act.
The question has been raised as TO
whether or not congress should specih-
cally direct what is to be done by those
states, which have failed to take ac-
tion in the matter of providing for the
direct election of senators, but the con-
sensus Of opinion appears to be that
congress has nothing further 10 do with
the matter and that the several states
in this category must arrange to CON
form TO the amendment, or suffer the
consequences, whatever the conse-
quences may be. The amendment to
the constitution reads as follows:
The senate Of the United States
shall be composed of two senators
from each state, elected by the peo
pie thereof for six years, and each
senator shall have one vote. The
electors In each state shall have the
qualifications requisite for electors Of
the most numerous branch of the
state Legislature. When vacancies
happen in the representation or any
state in the senate. the executive
authority OF such state shall issue
writs OF election to I'LL such vacan-
cies: Provided, That the legislature
Of any state may empower the eX-
ecutive thereof to make temporary
appointments until the people I'll the
vacancies by election as the legisla-
ture may direct.
This amendment shall not be so
construed as TO affect the election or
term of any senator chosen before II
has become valid as part of the con-
stituton.
Attorney General Barnes, when seen by
reporter for The Tribune last night.
said that he did not believe the amend
ment to the constitution should be car
ried into effect without action by the
LEGISLATURE Mr. Barnes said at the
same time, that ne had not considered
the matter thoroughly, but he was OF the
opinion that the Legislature would have
TO readjust the election machinery IL
such manner as to harmonlze with the
amendment to the constitution before a
direct vote could be cast for United
States senator
Points Out Alternatives.
According to Mr., Barnes's unofficial
opinion, the present legislature will have
70 he called to meet in special session
for the purpose of revising the law In
accord with the amendment. or the leg
isIature which will meet In January. 1918,
will have TO take affirmative action SO
that special election may be held pre-
cedlng the date Of the expiration OF the
sena torial term OF Senator Smoot.
Concerning the issue raised. the CHIEF
executive OF Utah. like the governors OF
several other states, constitutional law
vers I'm the senate and house and pollt-
clans generally, Is at sea.
View of the Governor.
Governor Spry frankly admitted yes
terday that he did not know how the
situation would affect Utah's represen-
tation In the United States senate. nor
how the next senator would be chosen.
Discussing the matter, Inc said;
am just beginning an investisa-
ton OF the whole question, but am
free TO confess that | have not gone
far enough to give an opinion that
would carry weight. | shall look
carefully into every phase OF the SUBJ
iect. consult with constitutional law
yers of authority. and. II necessary
secure an official opinion direct from
Washington.
Ii seems to me that since the con-
~. Fvwr,