Page:The Green Bag (1889–1914), Volume 10.pdf/23

 Rh

The two senators are intended to repre sent the State. They cannot truly do so un less chosen by the whole State. At present, as already pointed out, large sections of each State are absolutely disfranchised and have no weight whatever in the choice of its senators, because not sending to the legisla ture members belonging to the dominant party. The bill to modernize the choice of sen ators by transferring it from the legislature to the people of each State has passed the lower House of Congress several times, and once at least by a unanimous vote, and once with only two dissenting votes, but the measure has heretofore found its grave in the senate itself, which does not wish to go on record on the question. The legislatures in at least fourteen States have instructed in favor of the measure, Oregon, California, Idaho, Iowa, Wisconsin, Indiana, Kansas, Kentucky, Nebraska, New York, Louisiana, South Carolina, West Virginia, and Illinois, and there may be others. The Constitution of Nebraska requires that the choice of sen ator shall be submitted to the people at the ballot-box the same day members of the

legislature are chosen, but this necessarily has only a moral force which would certainly be disregarded if (as is not unusual) the majority in the State on the popular vote should be for one party while the majority elected to the legislature should belong to the opposite party. In many States the United States senator is nominated by the State party conventions, and the nominees of that party for the legislature are deemed pledged to vote for him, according to the similar custom now obtaining as to electors for President. There are also many States whose statutes provide for primary elections for United States senator. This expedient is the best possible under the circumstances perhaps, and should be resorted to till we amend the Constitution by frankly giving to the people of each State the right to choose the two men who are to represent their State in the senate. But to be of value, the primary should be for the whole State and not merely by counties. If the people are competent to choose the members of the lower House of Congress, and governors, why are they not competent to name the senators?