Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1918-01-31

make It the positive duty OF Congress
TO call the convention whether Con
gress wanted to or not--will be ap-
parent 10 anyone who reads the de-
bates Of the convention on the sub
iect See Elllott's Debates on the Con-
stitution Of 1887, pages 1926. 1923, 1872,
1871, 1870, $40, 3si. d9s. $50. 53i, 532, 55i,
SOP, $50.
Being a ministerial duty which Con-
gress has to perform, It's failure to act
IN the premises would amount to q re-
fusal. and any citizen Of the United
States by lling a mandamus In the
courts Of the District of Columbia could
compel Congress to act II has been
decided that even the Executive when
failing TO perform a ministerial duty
may be compelled by the judiciary. See
Narbury vs.. Madison, 4 Cranch, 49,
Also see Kendall vs.. United States, IL
Peters, 524
10 may be said that since the appllca-
lions Of the various Legislatures were
not simultaneous. but have extended
over a number of years, there Is no
present duty upon Congress TO call the
convention. even though the additional
four States should be added 10 those
already In. There Is nothing In the
Constitution, however, providing That
the applications mu be made stimuli
taneously or within a limited time On
the contrary. it would appear from the
very nature Of the subject that a long
time would be necessary TO get all Of
the required number Of applications
In A demand for a change In the Con-
sttution may arise in one section OF
the country long before a similar de-
mand may arise In another The SEN
llment may be matter OF slow
growth, and since the Constitution
placed no limit on the time certainly
/ Congress- could not do so. 10 Is very
clear, then, that the application when
once made Is a continuing application
until withdrawn by the State making
the demand.
The main object which seems TO
have moved the Legislatures IN max
ing their respective applications was
To secure an amendment making posi-
hle the popular election Of United
States Senators-except the Legislature
of the State Of Delaware, which seemed
to he actualud by a de ire TO procure
an amendment 70 prevent pOlygamy.
The question may be asked whether the
convention, when called, would be
limited to proposing amendments upon
the subjects set forth in the appllca-
tons Of the respective States The an
sWer to this Is. the Constitution sets
no limits to the amendments which the
convention may propose. On the con-
irary, the Constitution grants sweep
ing powers to the convention: THE
Congress shall propose amend
ments to this Constitution or
shall call convention for proposing
amendments The Legislatures are not
required by the Constitution to specify
in their applications any amendments
theys desire The convention, once as
'sembled, may propose as many amend
ments as II desires.
Furthermore. the Constitution made
no attempt 20 provide any rules by
which the convention shall be guided.
a reference 90 the debates upon the
subject will disclose that this was pur-
posely left to the convention itself No
provision Is made either as TO the re-
presentation the several States shall
have This also Is left to tho conven-
ton.
It is to be hoped that MARI land, New
York and two other States will make
formal application 10 Congress TO call
la con titution convention. These are
! changing times and there are several
changes which are made necessary by
| these changing conditions. The States
would probably send their ablest men
TO such a convention, and, instead Of
/ the hysterical piecemeal fashion IN
which our organic law Is tempered
with, we would have convention OF
/ thinking constructive and deliberate
men who could propose such changes
in our Constitution as Will meet the
demands Of the country. One change
+ that ought TO De made is the method OF
amending the Constitution. As was
pointed out recently in connection with
The ratification Of the Prohibition
amendment, once an amendment is fast
ened upon the Constitution, 70 States
may pteyent its repeal. regardless OF
/ the sentiment of the rest Of the coun-
/ try. There should be m amendment
providing for the calling Of conyen
tlon upon the application Of not more
than half Of the several States. 1t is
not my purpose at this time to sug-
gest amendments, but TO call attention
10 the fact that it is possible 70 have
a convention and that at an early day
needing only the application by the
Legislatures Of four more States May
Maryland take the lead and add her
application to those already in.