9
senator and we must remember that a
change from the present system would
mean not necessarily a larger partici
pation by individual voters in the
choice of senators , but rather the sub
stitution of the party convention for
the legislature. This might result iii
the selection of a different class of
men for senators , but whether this
class wouldbe superior to such as are
now generally chosen is , at least ,
doubtful. The party conventioneven
under-the most favorable conditions
i.'o. when , the result is doubtful and
the parties evenly balanced select's
its candidates with reference , chiefly
to their availability the prospect of
[ securing the support of this or that
> body of voters. Such a system when
applied to senators would prevent the
selection of an unpopular man , but it
might not , any more than the present
system , result in sending great states
men to. the senate. On the -other
hand , should the present in vement
toward the direct primary result in
the general adoption of that method ,
wo might realize the popular elec
tion of- , senators and attain a system
iu which the will of the individual
voter would bo more effectual.
. . >
Arguments from the Standpoint of the
Legislature.
A stronger argument for the change
may "bo made , I think , from the stand
point of the legislature. It is con
ceded by most thouehtful observers ,
that the present system of choosing
United States senators affects a legis
lature" unfavorably in at least two
particulars. (1) ( ) As to its personnel ,
and (2) ( ) as to its workings. The sys
tem interferes with securing the best
material for legislators , because it
imposes tests which have no relation
to fitness for legislative duties. In a
keen contest for the sonatorship , can
didates for the legislature are apt to
bo selected almost entirely with re
gard to their senatorial preferences ,
while their familiarity with the legis
lative needs of a state- and even with'
the mechanics of legislation , " is
too often lost sight of. This is the
fault , not of the men , but of the sys- "
tern. Again , the present system tends
to obliterate the distinction between
state and national issues and requires
the selection with reference to the
latter of legislators who ore to deal
exclusively with the - former , except
so far as their choice of a senator may
influence national affairs. A' state
legislature-deals with subjects which
are nearest to us direct taxation ,
property rights , contracts , marriage
and divorce and public education.
But the criterion by which wo are
often called pen to choose men to
legislate on these subjects is what
they-may think about the currency ,
the tariff or our foreign policy , none
of which are within the scope of
statey legislation.j This anomaly
would "not bo entirely removed by
relieving legislatures of the duty of
selecting senators , but such a change
would be * a long step toward the sep--
aratiou'of state from national-affairs
and the consideration of each group1
of questions on their own merits. The
change would also remove one of- the
chief incentives for that acknowl
edged legislative evil ; the gerrymand
er.
Prolonged Contests and Deadlocks.
But the most generally , recognized
evil of the present system is its inter
ruption of ordinary legislative busi
ness. Instances appear to have multi
plied in recent years where a long
and bitter senatorial , contest lias frit
tered away a largo part of a legisla
tive session.or. where , even after this
result , the legislature has adjourned
in a deadlock. Such object lessons
more than any other cause probably
have brought the subject of popular
election into prominence.
*
Counter Arguments. ij >
Among the arguments against the
change 'is the claim that it would bo
a stop toward destroying the equal
representation of the > spates in the senate -
ate that after-popular election would
como apportionment according to pop
ulation as wo have in the lower house.
This was in brief the argument of Sen
ator Hoar when the question was be
fore the senate the other day.
Whatever the. merits or demerits of
the proposed change , it is not likely
to como hastily or soon. The conserv
atism of our people is provprbial , and
as the states now stand , at leas thirty
must concur in demanding , Jind thirty-
four in ratifying , a constitutional
amendment. But the country will
bo the gainer from the study and dis
cussion which uiust follow.
Benefits of Discussion.
The United States senate now ranks
as one of the greatrdeliberativo bodies
of the world , after the ' supreme
court and the presidency , perhaps
even before the latter , it occupies
the Highest place among our institu
tions. Important as are its lawmaking
ing functions , 'itJs more than a legis
lative body. Under its treaty-making
prerogative it may determine our for
eign policy. By its own power to con
firm appointments .it may practically
decide the success or failure of an ad
ministration" . As court'-of '
a - impeachment -
ment it may try a .president. . Truly
we may say as did the ambassador of
Pyrrhns to the Romans that the senate -
ate is an assembly of kings. Only we'
should seeto it that-our senators arc
not merely .mining kings or kings of
the caucus- but kings of statecraft.
The best traditions of American
statesmanship belong to the senate. The
workof Webster and Olay , of Benton
and So ward , men who failed to reach
the presidency , are part of the glory of
the senate. Surely any discussion
which maintains popular interest in this
great body is to be welcomed. ' Any
plan which promises to p'reserve its
ideals , elevate its membership , make it
more responsive to the needs of the Re
public , more efficient iu solving the
great problems of the day , deserves the
best thought of the college men'and
women of America.
ORDER OF HEARING ON ORIGINAL PRO-
A BATE OF WILL.
State of Nebraska , Otoe County , es.
At a County Court , held at the County Court
Room , in and for said County , Thursday Feb
ruary 27th A. D. 1002.
Present , William Hay ward , County Judge.
In the matter of the estate of Donald
Maccuaig deceased.
On reading and filing the petition of D. A.
Maccuaig , praying that the instrument , filed
on the-27th day of February 1902 , and purport
ing to be the last Will and Testament of the
said deceased , may bo proved , approved , pro
bated , allowed ; and recorded as the last Will
and Testament of the said Donald Maccuaig ,
deceased , and that the execution of said instru
ment may be committed and the administra
tion of said estate may be granted to Elizabeth
Maccuaig as executrix. Ordered , 'that March
27th A. D. 1002 , at 2 o'clock p.m. , is assigned for
hearing said petition , when all persons inter
ested in said matter may appear at a County
Court to be held in and for said county , and
show .causo why the prayer of petitioner
should not be granted ; and that notice of the
pendency of said petition and the hearing
thereof , be given to all persons interested in
'said matter by publishing a copy of this order ,
in'The Conservative , a weelcly newspaper
printed in said county , for three successive
weeks7 prior to said day of hearing.
WM. Hayward .County. Judge.
This signature is on every box of cbo genuine
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