THE ROLL CALL

The Roll Call ON MEN AND MEASURES Defeating Popular Election of Senators UNITED STATES SENATORS are now chosen under the following provisions of the constitution: Article 1, Section 3. "The...

...Note further that the Borah resolution in no wise proposed to affect the prohibition of the Fifteenth Amendment against discrimination by states "on account of race, color, or previous condition of servitude" of the citizens thereof...
...Brandegee, Conn...
...Senators who voted for that amendment, voted knowing that if that amendment were adopted it probably would—as it finally did—kill the resolution for election of Senators by the people...
...Gore, Okla...
...Perkins, Cal...
...Saving Lorimer ON THE LORIMER ROLL CALL no comment is necessary...
...That a state shall submit to congressional dictation in the time and manner of electing Senators and Congressmen will mean either the hardship of a double election system or the surrender by the state to Congress of the right to prescribe and control the time and the manner of electing state officers and state legislatures...
...Section 2. "The Congress shall have power to enforce this article by appropriate legislation...
...The roll call on the Sutherland amendment was as follows: Yeas—SO Beveridge Crawford Hale Piles Bradley Cullom Heybum Richardson Brandegee Curtis Jones Root Briggs Depew Kean Scott Bulkeley Dick Lodge Smith, Mich...
...They were not, however, the reasons advanced in the Senate...
...Page, Vt...
...Percy, Miss...
...This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.'" What the Borah Resolution Provides IT WILL BE SEEN by a comparison of the resolution with the language of the Constitution above set forth that the resolution provided: First...
...How the Senators Voted THE SUTHERLAND AMENDMENT defeated the popular election of Senators in the Senate...
...Thornton Bristow Gore Rayner Tollman Brown Gronna Shively Watson Chamberlain Johnston Simmons ; Clapp La Follette Smith, Md...
...The Sutherland Proposition THE CONSTITUTION at present reserves absolutely to the control of the States the "places of choosing Senators...
...Carter, Mont...
...Chamberlain, Ore...
...The only discrimination against the colored citizen in his right to vote which the Constitution does not prohibit now and would not prohibit if the Borah resolution became a part of it, is the discrimination which is accomplished by States in prescribing the qualifications for electors to the State legislatures...
...Nelson, Minn...
...and each Senator shall have one vote...
...Burrows, Mich...
...Rayner, Md...
...but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators...
...When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election, as the legislature may direct...
...LITIGANT—Your fee is outrageous...
...LITIGANT—But I furnished the case...
...Dick, Ohio Nixon, Nev...
...Among the 33 Senators who voted against the adoption of the resolution were eight Southern Democrats who voted against it primarily because of the Sutherland amendment as several of them declared in speeches in the Senate...
...They were playing politics...
...Article 1. Section 4. "The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof...
...Kean, N. J. Wetmore, R. I. Depew, N. Y. McCumber, N. Dak...
...Martin, Va...
...Aldrich, late Republican Boss of the Senate, was absent...
...Oliver, Pa...
...Smith, Md...
...The Borah resolution provided for reserving to the state the right to fix the times and manner of conducting senatorial elections...
...They were deceiving or trying to deceive the colored citizens...
...Young, Iowa Burton, Ohio Lodge, Mass...
...With reference to the House of Representatives, the Constitution provides: "The House of Representatives shall be composed of members chosen eveiy second year by the people of the several States and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature...
...Newlands, Nev...
...Scott, W. Va...
...Reasons advanced in behalf of the Sutherland amendment were" not the real reasons which actuated its promoters and those who voted for it...
...Gamble, S. Dak...
...The Roll Call ON MEN AND MEASURES Defeating Popular Election of Senators UNITED STATES SENATORS are now chosen under the following provisions of the constitution: Article 1, Section 3. "The Senate of the United Slates shall be composed of two Senators from each State, chosen by the legislature thereof, for six years...
...The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures...
...Of the 50 votes cast in favor of the Sutherland amendment, 16 were cast by Senators whose terms expired on the 4th of March...
...A change in the manner of filling vacancies in the Senate in harmony with the popular election principle...
...Penrose, Pa...
...Paynter, Ky...
...Overman, N. C. Stone, Mo...
...Note that the Borah resolution adopted as qualifications for the election of Senators, as does the Constitution at present with reference to the election of Representatives, the qualifications prescribed by the States for electors of the most numerous branch of the State legislature...
...When the Borah resolution was laid before the Senate for consideration, Senator Sutherland offered an amendment in effect striking out of it the third proposition, as above set forth...
...Gronna, N. Dak...
...Cullom, III...
...Sutherland, Utah Brown, Neb...
...The false reasons advanced m the Senate it was known would be sufficient, under the "bell-wether" system of Senate statesmanship, to force the Sutherland amendment upon the resolution and would be sufficient, also, to create in the minds of enough southern Democrats an apprehension of "force-bill" legislation, which would serve as an acceptable excuse for enough of them to vote against the resolution so amended to prevent it receiving the two-thirds vote of the Senate required for the passage of a resolution proposing a Constitutional amendment...
...Johnston, Ala...
...Crawford, S. Dak...
...Shively, Ind...
...Piles, Wash...
...Bristow, Kan...
...LAWYER—I furnished the skill and learning for your case...
...Warren, Wyo...
...Tillman, S. C. Fletcher, Fla...
...Hale, Me...
...The vote on this amendment, rather than the roll call upon the final adoption of the resolution as amended, was the test of loyalty to popular election of Senators...
...Smith, S. C. Culberson, Tex...
...Bankhead, Ala...
...La Follette, Wis...
...Warner, Mo...
...Stephenson, Wis...
...Davis, Ark...
...Taylor, Tenn...
...LAWYER—Oh, anybody can fall down a coal hole.—Boston Transcript...
...Smoot, Utah Crane, Mass...
...Why, it's more than three-fourths of what I recovered...
...Thornton, La...
...DEMOCRATS Bailey, Tex...
...Jones, Wash...
...Money, Miss...
...This the Sutherland amendment did not propose to alter or affect in any way...
...That the verdict of the System-controlled Senate should be adverse to that of the people was no great surprise...
...Gamble Penrose Crane Guggenheim Perkins Nays—37 Bacon Cummins Newlands Stone Bailey Davis Overman Swanson Bankhead Fletcher Owen Taliaferro Borah Foster Paynter Taylor Bourne Frazier Percy...
...Curtis, Kan...
...The important fact is that the Sutherland amendment offered them an acceptable excuse for voting against the popular election of Senators and thus defeating it...
...Attention is directed to these considerations, because arguments were advanced in the Senate on behalf of the Sutherland amendment and Senators voted for it professedly upon the ground that it was necessary to enable Congress to protect the rights of qualified citizens to vote...
...These are the real reasons why the Borah resolution should have been framed as it was...
...It was simply one more instance of the System—bi-partisan as always —saving its own...
...Whether they so declared in good faith is immaterial...
...Gallinger, N. H. Richardson, Del...
...The states should have the power, free from Congressional interference, to hold popular elections of Senators at the TIMES of their general elections for state officers and members of Congress...
...Burkett, Neb...
...58 "Yeas" would have been enough to have passed the resolution in the Senate...
...To the people the Lorimer Roll Call will be, as it should be, a verdict not on Lorimer but on the SENATE OF THE UNITED STATES...
...Burkett Dillingham Lorimer Smoot Burnham Dixon McCumber Stephenson Burrows du Pont Nelson Sutherland Burton Flint Nixon Warner Carter Frye Oliver Wetmore Clarke, Ark...
...DEMOCRATS Bacon, Ga...
...The manner of the election of its representation in Congress is at least as important to the people of the State as it is to the country at large, and the wishes of the people of the States in this respect are more to be considered than the desires of Congress...
...Bulkeley, Conn...
...Clarke, Ark...
...Cummins, Iowa Root, N. Y. Bourne, Ore...
...And so, Lorimer was saved—bv a "Scotch v«rHi<«t...
...Clark, Wyo...
...That Senators shall be elected by the people and upon the same qualifications as now prescribed for the election of Representatives in Congress, i. e., qualifications prescribed by the States themselves for electors of members of the State legislature...
...Since the Sutherland amendment did not propose to change the rule as to qualifications of voters, and since neither it nor the Borah resolution proposed any change affecting the Constitutional prohibition of the Fifteenth Amendment against discrimination, and since, under the decisions of the Supreme Court, Congress, independent of either, has the unquestioned authority to pass any law which may be necessary to protect from fraud, from corruption and intimidation the elections and the right to vote in the elections of members of Congress, all such reasons for the advocacy of the Sutherland amendment are obviously specious and unsound...
...Culberson Martin Smith, S. C. Not Voting—4 Aldrich Money Terrell Warren Aldrich of Rhode Island, in favor of the Sutherland amendment, was paired with Terrell of Georgia, against it, and Warren of Wyoming, in favor, with Money of Mississippi, against...
...This discrimination the Sutherland amendment did not propose to affect in the slightest...
...This power should be reserved to the states in the general public interest...
...Second...
...Flint, Cal...
...It was in accord with the customary Senatorial contempt for public opinion and public decency...
...Clapp, Minn...
...No reactionary Congress should have the power to say to a progressive State that it shall conduct its party nomination for public officers by the caucus and convention system, rather than by direct primary ballot of the people...
...The following 46 Senators voted against the resolution: REPUBLICANS Bradley, Ky...
...The Senate resolution for election of United States Senators by the people, as reported by Senator Borah from the Senate Committee on Judiciary read as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That in lieu of the first paragraph of section 3 of Article 1 of the Constitution of the United States, and in lieu of so much of paragraph 2 of the same section as relates to the filling of vacancies, and in lieu of all of paragraph 1 of section 4 of said Article 1, in so far as the same relates to any authority in Congress to make or alter regulations as to the times or manner of holding elections for Senators, 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 legislatures 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...
...Playing Politics SENATORS who championed the Sutherland amendment upon the ground of protecting colored voters of the South against discrimination were advancing reasons that were not real...
...Third...
...Democratic Senators, Taliaferro, Frazier and Terrell, the last two reputed to be against seating Loeimer, did not vote...
...Borah, Ida...
...Foster, La...
...Opposition to these principles of popular government are the only bona fide reasons for the advocacy of the Sutherland amendment...
...The public has studied the evidence and returned its verdict...
...The Fifteenth Amendment of the Constitution provides: Section 1. "The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude...
...Dixon, Mont...
...and each Senator shall have one vote...
...Smith, Mich...
...They should have the power to conduct senatorial elections, including the nominations of party candidates, in accordance with their election laws, free from Congressional interference...
...Owen, Okla...
...The times, places, and manner of holding elections for Senators shall be as prescribed in each State by the legislature thereof...
...Guggenheim, Colo...
...Lorimer did not vote, and the Colorado Senatorship of the late Senator Hughes was vacant...
...Gallinger Page Young Clark, Wyo...
...Burnham, N. H. Frye, Me...
...The following 40 Senators voted for the Beveridge resolution to unseat the "Blonde Boss" of Illinois corruption: REPUBLICANS Beveridge, Ind...
...Swanson, Va...
...The striking out of the Constitution of the above quoted language of section 4 of Article 1 and its re-adoption as to election of Senators without the proviso, "But the Congress may at any time by law make or alter such regulations, except, as to the places of choosing Senators," so as to read, "The times, places, and manner of holding elections for Senators shall be as prescribed in each State by the legislature thereof...
...On the adoption of the Borah resolution, as amended by the Sutherland amendment, the vote was "Yeas," 54, "Nays," 33...
...Dillingham, Vt...
...Opposition to Popular Government THE IMPRACTICABILITY of separate elections to elect Senators and Representatives in Congress and to elect state officers and legislatures is obvious...
...Briggs, N. J. du Pont, Del...
...A Congress controlled by a few ultra conservative, System-ridden States should not have the right to say to the rest of the country whether it shall conduct its election by the Australian ballot system or otherwise...
...Simmons, N. C. Watson, W. Va...
...The difference, therefore, between the Borah resolution and the Sutherland amendment is that the original resolution proposed to reserve to the States the control of the time and manner of the election of Senators, whereas the Sutherland amendment proposed that the time and manner of electing Senators in the several States should be subject to the will of Congress...
...Heyburn, Ida...

Vol. 3 • March 1911 • No. 10


 
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