Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-03-14
Watching The Bristow Law.
From the Baltimore Sun.


From the Baltimore Sun.
Information from Washington to the
effect that the new Constitutional amend
ment providing for the election Of United
States Senators by the people will prob
ably have been ratified by three-fourths
Of the States and become effective before
summer will prove Of especial interest to
the people Of Maryland because of the
Senatorial situation here
Endorsement of SO States is necessary
for the ratification Of the amendment
Senator BristoW. Of Kansas, author Of the
amendment. who has followed its course
through the different State Legislatures
says it has been ratified by 81 States. In
five more States-Delaware New Jersey.
Pennsylvania. Utah and New Mexico-the
amendment has passed one house and it
is said there is no doubt of its adoption
by the other branch Of the Legislature
In addition. the Legislatures of two other
States are expected to approve the meas
ure this spring.
Speaking Of the amendment and its
probable effect upon the Maryland situa-
ton. Senator Bristow declared to the Sun
correspondent in Washington that the
adoption of the amendment between now
and the expiration Of Senator John Walter
Smiths term in 1913 would mean that the
rtata
Smiths successor.
Senator Bristow has some doubt as to
the effect upon the election of a successor
10 Senator Jackson. II ratification should
come before the next Legislature meets.
he is confident that the short-term Sena-
tor would likewise be elected by popular
vote.
When asked what the effect Of the No
vember primary would be. If any. Senator
Bristow said it would. in his judgment.
merely nominate the candidates. The nom
inee Of such primary might represent
his party in the popular election to follow
The question Of providing the election
machinery for such a popular vote would
be up to the State.
There should be no trouble in the Mary
land case. said Senator Bristow Senator
Smiths term does not expire until March
4. 1915. His successor can be elected in
the Congressional elections in the fall Of
1914. The Legislature next winter can
provide the necessary election machinery
by which the Constitutional amendment
can be put in operation by November. 1914. "
How about Senator Jackson's case
He is filling an unexpired term and his
successor is to be chosen by the next Leg
islature"
That is legal question: ] couldn't pass
upon il. ! would say however. that his
successor could be chosen next fall when
your Legislature is elected. In the absence
Of State election machinery. ! would say
the election officials could provide ma
chinery by which the Senators can be
chosen in the Legislative election next
fall They could arrange TO have the
names placed on the tickets. II such an
election is honestly held. don't believe
there will be any doubt that the Senate
win seat the men who holds the certificate
from that election.
The Constitutional amendment is as fol-
lows
That in lieu Of the first paragraph Of
section 3 Of Article Of the Constitution
Of the United States. and in lieu of so
much Of paragraph Of the same section
as relates 10 the filing Of vacancies, the
following be proposed as an amendment
TO the Constitution, which shall be valid to
all intents and purposes as part Of the
Constitution when ratified by the Legisla-
lures OF three-fourths Of the States:
The Senate Of the United States shall
be composed Of two Senators from each
State. elected by the people thereof. for
six years: and each Senator shall have
one vote. The electors in each State shall
have the qualifications requisite for cleo
tors OF the most numerous branch Of the
State Legislatures.
When vacancies happen in the repre-
sentation OF any State in the Senate. the
executive authority Of such State shall
issue writs Of election TO fill such vacan-
cies Provided. That the Legislature Of
any State may empower the executive
thereof to make temporary appointments
until the people I'll the vacancies by
election as the Legislature may direct.
This amendment shall not be so con-
strued as 20 affect the election or term Of
any Senator chosen before it becomes valid
as part Of the Constitution.
Former Attomey-General Isaac Lobe
Straus was shown the pending amendment
and asked TO explain its legal effect. II
adopted. upon the pending Senatorial pri-
mary contests and also the election of
Senators for both the long and short terms
After examining the amendment. Mr. Straus
said:
IF the pending amendment shall have
been duly ratified by the Legislatures Of
three ourths Of the States, and proclaimed
as part Of the Federal Constitution be-
fore our Legislature elects United States
Senator for each Of the two terms now in
question. the Legislature cannot act upon |