Debates in the Senate on the Seventeenth Amendment, 1911

June 12, 1911

:ELECTION OF SENATORS BY DmECT VOTE.27 min read
396: Senate, June 12, 1911, ¶ 396 (Senate1911.Jun12.396)

For myself-'1 -criticize no - senator - who "tlfuiks otherwise-I • want rt:o wa:rn Senators -that "l: 'B:IIl not a1one in this Yiew. ' In · aildltion ~o · the 'IlUililter · o'f - those - of US who ' wlll vote against · the -proposed amendment -to 'the Donstitution if the · Bristow -or Sutherland "Rmendment is adopted, · as iI - certainly will, th-ere are other - "Senators ' here w'ho take a • different View , Of their duty ' because -of the fuct that their legislatures f have 1 in times past instructed .them to ~ote "for · a · resolution · of this kind, eJthough ha-v.ing no reference c whatever to 0013 -particu1ar feature of it, they 'feel ~hat it is t. their . duty to send the joint "l'esdlution ..to · fuos_e legislatures Jar their · action; but 'tlrose same 'Senators 1 ar.e opp__os:ed to ±he · amendment to the Constitution with that . pr.oviSion , atta.ched ; to it, ' mld :those "88-me -.Serudo:rs will -follo.w it to their legislatures und x1e llll in .:their ;:power :to l d,efeat dt. .As sure ms the · sulli!ti±ute is Cl.opted, ; which will give to 'the I~deml • Government · pow . er to supervise-the · election · of . Senators 1 t>y the ,people, to appoint registrars~ to ap_poin_t <judges •. af · .elec­ .tions, . to · appoint mru:-shals of the filstric.t, · und soldi&a tD ~­ tnin rt:bem-a:s .sill"e ..as that ·s · do.IIB, there will Jre a Jlefeat, :'.ID my "<?Pinion, of · thiB · pr _ opo~d 'B.llle1ldment to the Constitution. - On . the contra.cy, Mr. · President, if the joint 1.'esolution is · adopted as it comes from the Judiciary Committee, _ r will :support .it: with . .the ; greatest : pleasure; .r will do all ln my 11ower - _to · see that'the £tates.:ratify nnd adopt it, . and, in my humble judgment, if thut is done, the .fate of the joint · resolution 1s beyond doubt and the amendment · will be adopted by · three-fourths 1 of the .States of t.he JJnion.

397: Senate, June 12, 1911, ¶ 397 (Senate1911.Jun12.397)

Mr. STONE. Mr. President, :although it is "'lllY intention rto 1 speak for a Short -while · only, J hesitate to -speak at all. I .hesitate to speak _ for two -reasons: First, because I dislike ' by £further debate _ to defer a vote . on the question now · before -the Senate, and, second, .because I dislike to -say • what I have 'in mind to say far :fear lt : might · b _ e regarded by " Some as having n Somewhat too -partisan ccoloring-; and Senators . know how reluctant .I mn io indulge dn anything of that kind. I - would not now speak at all, except Lfeel .that what 1 intended · .to say should be said by :Someone in order to keep straight the truth of .histor:y. Every .Senator on the Democratic side of -this Chamber is heartily in '.favor of the joint resolution a--s · it came from the Judiciary Committee, and every :Senator on this side, with -possibly one exception, is opposed to the substitute offered by the Senator from .Kansas [Mr. BRISTOW]. I have been co :cerned to :know a.nd :to determine in my own -mind just why this substitute .has been offered, and particularly why it .has been offered by the junior -Sena.tor from Kansas [Mr. BRISTOW]. .Senators r OD that ..Bi.fie, with few exc:eptions, Wi11 · vote for this substitute. Why? ' Mr. President, there : nnIBt be some _ reason, I think some hidden reason, some cause • not .appearing · on the · surfaee, _ for injecting this :substitute ~ as · a disturbing force · .into the consideration of · the resolution -:the House passed and :sent · over . to us, and : which the Senate "Judiciary Committee hu:s:favorably reported · to . the : Senate. What is . that'hidden r reason, that :cause runder . the surface?

398: Senate, June 12, 1911, ¶ 398 (Senate1911.Jun12.398)

Mr. President, I · can - not escape the conviction L that, 1lS a :rule, Senators on the other :side af-the Chamber are · not in fa-vor :of :the election . of Senators by n direct · vote of the people. I can not · believe that any · senator sincerely · favoring the - dire-ct election · Of Senators would support, much less propose, an amendment like this. They would not do · so because they must · kn.ow that • theJnevitable :tendency of · this .suhstitute~endment is, · and will b-e, -to · defeat ' the final adoption of the ' joint . re.soln­ · tion · by the -Senate · and the House, and even · 1f submitted by • Congress will nhno.st -certainly lead to its--rejection by numerous : States ' Which otherwise would support · the House resolution. · Why · :Should Senators in:sis:t on · pressing -this unnecessary and most offensive amendment unless 'they hope in that way to .secure the defeat uf the "joint resolution by the · Senate or by · .the House, or, :failing in -that, · then to • make · the · -resolution so -:. unaccep:ta.ble in -form as to . .insure '.its -ultimate rejection by a Elfficient:number , of · States to prevent its incorporation ' into the ' Constitution?

399: Senate, June 12, 1911, ¶ 399 (Senate1911.Jun12.399)

? do not like · to -call in question · the · good · faith of ' Senators, mm · perhaps-that =does not · ue within my privilege when speaking on this t floor; · but 1 can not · forget or ignore the fact that thi-s question of the - election of Senators by the people 'has become in large measure · a 'Party -question, and on that ground I have a right to doubt whether Republican - senators are 'Sincerely ' for the movement. Am "I right in saying this is a party -question! 1 see -one or - two · of -my friends on the other side shake their heads; nev-ertheless I am justified by the facts in -saying, · as "I do my, that it is a --party question-the 'Democratic 'Party being 'for it and the 'Republican Party against it. The 'Democratic ' Party, ' through its -national conventions for 10 -or U.5-years -past, ' has specifically declared ' in favor of the election uf · Senators ' by the direct :vote of the L people. The Republican Party · has never in all its history made -such a 'declaration in any of " its national platforms.

400: Senate, June 12, 1911, ¶ 400 (Senate1911.Jun12.400)

Mr. : ~IlTH of Michigan. "Mr. President——

401: Senate, June 12, 1911, ¶ 401 (Senate1911.Jun12.401)

The -VICE · PRESIDENT. Does .the · senato.r .from Missouri yield . to the Senator from Michigan?

403: Senate, June 12, 1911, ¶ 403 (Senate1911.Jun12.403)

".Mr. -SMITH . of .Michigan. Has the :Democratic Party ever aeclm:e.a in .its national platform for . this joint resolution · in · the form in which we .find it to-day, meeting the approval _ of the "Senator from Missouri?

404: Senate, June 12, 1911, ¶ 404 (Senate1911.Jun12.404)

Mr. STONE . (rhatis a useless question. The Senator from Michigan is , too experienced in public and . political affairs · to ~ ask whether - a national com ~ convention, or any - kind of · convention, in declaring .for u general principle .. has also under.taken to . outline the exact form in detail of a legal enactment. The Republican Party has nev:er , declared : for the policy or the :Prin­ ciple in any ' form.

406: Senate, June 12, 1911, ¶ 406 (Senate1911.Jun12.406)

Mr. SMITH of Michigan. No, Mr. President; if the Senator from Missouri--

407: Senate, June 12, 1911, ¶ 407 (Senate1911.Jun12.407)

The VICE PRESIDENT. To whom does the Senator from Missouri yield?

408: Senate, June 12, 1911, ¶ 408 (Senate1911.Jun12.408)

Mr. STONE. For the present to the Senator from Michigan, if the Senator from Oklahoma will pardon me, as the Senator from Michigan was already on the floor.

409: Senate, June 12, 1911, ¶ 409 (Senate1911.Jun12.409)

Ur. SlII'l'H of Michigan. If the Senator from Missouri will pardon me, while the national platform of the Republican Party may not have declared specifically for this proposition, during my service . in Congress I have \oted for it twice as a Member of the House of Representatives-as a Member of the Republican House of Representatives-and the Republican House of Representatives have passed it two or three times. And, furthermore, I do not believe the proposition has ever been presented here in such form as to test the good faith of the Republican Party.

410: Senate, June 12, 1911, ¶ 410 (Senate1911.Jun12.410)

l\Ir. STONE. Well, we propose now to present it in that Yotes. form, if it has never been done before.

411: Senate, June 12, 1911, ¶ 411 (Senate1911.Jun12.411)

l\Ir. SMITH of Michigan. No; the Senator from Missouri , does not propose to put it in that form. He proposes to encumber it with a race rider. He . proposes to encumber it with a proposition never before advanced in the consideration of this question in either House of Congress; and if adopted in that form I have serious doubt about its approval by the legislatures of the various States, including my own State, where we can at least approximate our ideals by a senatorial primary, which will give the people a direct voice in the choice of Senators.

413: Senate, June 12, 1911, ¶ 413 (Senate1911.Jun12.413)

The VICE PRESIDENT. Does the Senator from Missouri yield to the Senator from Idaho?

415: Senate, June 12, 1911, ¶ 415 (Senate1911.Jun12.415)

The Senator from Michigan has delivered a speech which may be satisfactory to his constituency, for I believe the people of Michigan, in common with a majority of the people of most of the States, favor this amendment to the Constitution. He sets himself right, and I am glad he does, for if he should go too far wrong on this subject we might all too soon be deprived of the pleasure of his presence in this body.

417: Senate, June 12, 1911, ¶ 417 (Senate1911.Jun12.417)

The VICE PRESIDENT. Does the Senator from Missouri yield to the Senator from Oklahoma?

419: Senate, June 12, 1911, ¶ 419 (Senate1911.Jun12.419)

The VICE PRESIDENT. One moment. To whom does the Senator from Missouri yield?

420: Senate, June 12, 1911, ¶ 420 (Senate1911.Jun12.420)

Mr. STONE. I yield to the Senator from Oklahoma, who has been upon the floor for some time.

421: Senate, June 12, 1911, ¶ 421 (Senate1911.Jun12.421)

Mr. OWEN. l\Ir. President, I wish to call the attention of the Senator from Missouri to the fact that not only the Republican Party did not place itself on record in its national platform in favor of the principle of the election of Senators by direct vote, but on the contrary by a vote of nearly 10 to 1 it voted down that proposal when submitted by the Senator from Wisconsin at their last national convention.

423: Senate, June 12, 1911, ¶ 423 (Senate1911.Jun12.423)

Mr. STONE. Before I yield to my friend, the Senator from Idaho, I wish to say that he and one or two others, and I hope even more than that, of our dear brethren on the other side are sincerely in favor of this reform. No man has been more diligent in pressing this resolution than the Senator from Idaho [Mr. BORAH]. I have not been speaking of individuals, let him understand. I have been speaking of the Republican Party as an organization.

425: Senate, June 12, 1911, ¶ 425 (Senate1911.Jun12.425)

The VICE PRESIDENT. Does the Senator from Missouri yield to the Senator from Idaho?

427: Senate, June 12, 1911, ¶ 427 (Senate1911.Jun12.427)

Mr. BORAH. I only rose to correct what, I think, is a mistake on the part of the Senator from Michigan. This joint resolution, in its present form, as reported by the Judiciary Committee, passed the House of Representatives some 10 or J 2 years ago without any dissenting vote at all. If I am incorrect in that, the RECORD will correct me. I know it The VICE PRESIDENT. passed; I am not sure as to the vote, but I am quite certain it was passed without a dissenting vote.

428: Senate, June 12, 1911, ¶ 428 (Senate1911.Jun12.428)

Mr. SMITH of Michigan. If the Senator from Missouri wrn pardon me, I should like to ask the Senator from Idaho whether he is quite sure that it passed a Republican House? My recollection is that it passed a Democratic House and that it was the resolution of Mr. Tucker, of Virginia. That is my recollection of it. I may be in error. I know that I voted for the naked question of the election of Senators by direct vote twice as a Member of the House of Representatives.

429: Senate, June 12, 1911, ¶ 429 (Senate1911.Jun12.429)

l\Ir. BORAH. I think the Senator is correct in the fact that it was a Democratic House, but I am quite sure there were no Republican votes against it.

430: Senate, June 12, 1911, ¶ 430 (Senate1911.Jun12.430)

Mr. SMITH of Michigan. If the Senator will pardon me a moment, the statement I made I reiterate-that no opportunity was given for us to vote squarely upon this proposition when we possessed the requisite majority in the House of Representatives.

431: Senate, June 12, 1911, ¶ 431 (Senate1911.Jun12.431)

.Mr. BURTO:N. One minute. Do I understand doubt to be expressed--

432: Senate, June 12, 1911, ¶ 432 (Senate1911.Jun12.432)

The VICE PRESIDENT. Does the Senator from Missouri yield to the Senator from Ohio?

434: Senate, June 12, 1911, ¶ 434 (Senate1911.Jun12.434)

:Mr. BURTO:N. Do I understand that doubt was expressed whether a Republican House passed a provision for a constitutional amendment?

436: Senate, June 12, 1911, ¶ 436 (Senate1911.Jun12.436)

l\Ir. STONE. They passed it with the help of Democratic

437: Senate, June 12, 1911, ¶ 437 (Senate1911.Jun12.437)

Mr. BURTON. They did not need any Democratic votes. l\fr. STONE. They did need them badly. The Senator from Michigan, in the House, voted for a joint resolution in the very form of the one now before the Senate. I refer to the Tucker resolution.

438: Senate, June 12, 1911, ¶ 438 (Senate1911.Jun12.438)

Mr. SMITH of Michigan. Not in the form in which it is presented to us to-day. I never voted for it in that form.

439: Senate, June 12, 1911, ¶ 439 (Senate1911.Jun12.439)

l\Ir. S'fONE. Tl.le Senator says not. He knows better than I. ·

440: Senate, June 12, 1911, ¶ 440 (Senate1911.Jun12.440)

Mr. SMITH of Michigan. I never would vote for it in that form, and I do not believe the legislature of the State I ham the honor to represent in part would ever approve it in that form. I am going to give them an opportunity to do so, however, if they desire, and the amendment of the Senator from Kansas is defeated.

441: Senate, June 12, 1911, ¶ 441 (Senate1911.Jun12.441)

llir. S'l'OKE. I pass that for the present.

442: Senate, June 12, 1911, ¶ 442 (Senate1911.Jun12.442)

l\fr. Silll'l'H of Michigan. lf the amendment of the Senator from Kansas is not adopted, I am going to vote for the joint resolution as it comes from the Committee on the Judiciary and pass the responsibility to the legislature of my State. I feel I wrn dischar~e my public duty by so doing.

443: Senate, June 12, 1911, ¶ 443 (Senate1911.Jun12.443)

?iir. STONE. Mr. President, I do not care to be diverted into a discussion of the record of the Senator from Michigan, or the record of any other Senator or Representative, or anything like that. The Senator from .Michigan knows his own record and is abundantly able to take care of it here or any other place. What I say is that this question of the election of Senators by a direct vote of the people has been an important, acute, living issue before the American people for many years. It has been frequently before Congress in one form or another-before both Houses, first one and then the other. The Democratic Party took position upon it more than a decade ago; in fact, began the agitation for it; and in every national convention held during the last 10 years has declared for it in unequivocal terms. But the Republican Party has remained silent, not even having the courage to declare its convictions, except on the one occasion referred to by the Senator from Oklahoma [Mr. OWEN], when, in 1908, the Senator from Wisconsin [Mr. LA FOLLETTE], being then a member of the Republican national convention, proposed a resolution in farnr of the direct election of Senators, and it was voted down by an overwhelming majority of that convention. That begins to look like your party was not in favor of it. l\fr. REED. it was Congressman CooPEB, I will call the Senator's attention.

444: Senate, June 12, 1911, ¶ 444 (Senate1911.Jun12.444)

The VICE PRESIDENT. Does the Senator from Missouri yield to his colleague,

446: Senate, June 12, 1911, ¶ 446 (Senate1911.Jun12.446)

Mr. REED. It was Congressman CooPEB who offered the resolution, instead of the Senator from Wisconsin [l\Ir. LA. FOLLETTE].

447: Senate, June 12, 1911, ¶ 447 (Senate1911.Jun12.447)

Mr. STONE. Well, the Senator from Wisconsin [Mr. LA FOLLETTE] supported it, I am sure, and l\fr. CooPER was from his State. Like the Senator from Oklahoma [Mr. OWEN], I was under the impression the resolution was offered by the Senator from Wisconsin; but that is immaterial.

448: Senate, June 12, 1911, ¶ 448 (Senate1911.Jun12.448)

.Mr. CULBERSON. .Mr. President-- Does the Senator from :Missouri yield to the Senator from Texas?

450: Senate, June 12, 1911, ¶ 450 (Senate1911.Jun12.450)

.Mr. CULBERSON. I will state to the Senator from Missouri that the proposition before the Republican national convention came in the form of a minority report presented by Representative CooPEB, of Wisconsin, and it was voted down by the convention.

451: Senate, June 12, 1911, ¶ 451 (Senate1911.Jun12.451)

l\lr. STONE. It is immaterial how it got there. It did get there, and it was voted down by a big majority-nearly 10 to 1. Now, Mr. President--

452: Senate, June 12, 1911, ¶ 452 (Senate1911.Jun12.452)

:Mr . . ffi:m.ED. · mu : th~ Senator from ; Missouri · permit me1?

453: Senate, June 12, 1911, ¶ 453 (Senate1911.Jun12.453)

..' Mr. STONE. a ·· yield • ro;my : colleague.

454: Senate, June 12, 1911, ¶ 454 (Senate1911.Jun12.454)

Mr. REED. I desire to call attention, ~ if · tt ill not : interrupt, to thismtementEacre l by r.!Bryan.Jn 1894:

455: Senate, June 12, 1911, ¶ 455 (Senate1911.Jun12.455)

r n the poophnif · u. " State have < enough tnte111genee ' to · iele-ct · the ' representatives rin ~ their ~ state > legislature, ·. to - -choose ~tr - executive ·· officers, ~ to choose their officials ! Jn ;all -departments " of State .Aiid . county, . they . '. have intelligence · eno"Ugh o elect ' United States Senators.

456: Senate, June 12, 1911, ¶ 456 (Senate1911.Jun12.456)

.And . to .a further statement made J)y . Mr. Bryan .: on January · 20, 1894:

457: Senate, June 12, 1911, ¶ 457 (Senate1911.Jun12.457)

We all . :recognize that there . is a reason • for ~ the r election ~ of 1 United · States Senators by r direct vote to;day that-Uid"llot - exist · at . the . time the Constitution was adopted. We know · that to-day'grellt - corporations exist in our States, and that these great corporatiens-different · from what t they .used to . be 100 years . ago—are able . to compass · the election of .their "' tools · and their a'gents through · the instrumentality ot · legislatures, as it.hey could :-not l ff · Senators " WEm w elected directly byt the people. · · we · are told that we must not change the Constitution . because it ! is : .a · sacred instrument. He who would make.dluch alterations as • changed conditions would necessitate Js a .better · friend to " the ' Constitution - mu} to 1 good · government than :e who 'def.ends ·· faults .and ls blind 'to 1lefeetB. I desire to call attention, since the Senator has spoken · of'it, to certain . planks · m ' Democratic 'Platforms: "First, · 1 the plank adopted "in 11900 :

458: Senate, June 12, 1911, ¶ 458 (Senate1911.Jun12.458)

We · :ravar .. :in a.men"dnnmt 'to the Federal ' Constthitlon · providing tor l the ·• election uf Untte'd Sta'tes · Senatol'B · by 1 the dlreet 1 -vote · of the 'l)eople. To the _ platform of 1904 :

459: Senate, June 12, 1911, ¶ 459 (Senate1911.Jun12.459)

· w~ · favor the election . of · untted · "States ' Bemrtors by the filrect · vote of the people.

460: Senate, June 12, 1911, ¶ 460 (Senate1911.Jun12.460)

:.To 'the rpla ff orm · · ot '1908 :

461: Senate, June 12, 1911, ¶ 461 (Senate1911.Jun12.461)

· We;fa.vor .the . eleetion ~ of . United · States · senators . by . direct vote · of the :people, mm · reg:rrd this ~ reform · as the · -gateway · 'to other"tlational refOTms. " That is . ruLI · caTe . ; to c:ill attention ' to at;:present.

462: Senate, June 12, 1911, ¶ 462 (Senate1911.Jun12.462)

· 'M:r. STONE. Mr. ~esident, IQY - purpose ~ is to ,.. show to the -!' Senate · and, so 'far · as 'I can, to · show " to t~e · p~~le . of the counn:y that the Republican Party as ..a .;J>arty 1s . nnt · in . 'fa var of . thIS .Iefoi:.m.

464: Senate, June 12, 1911, ¶ 464 (Senate1911.Jun12.464)

'JUr. $TONE. I speak now, :t .::say ~ again, : of the llepuBlican :.Tarty as a whole, : as .. an orgaD.iza'tion, ~d::n~~ : of ~ particrll'3;r individuals. "I am happy ;to s~y .there : are .in1Uv1dual · exceP±ions to the general rule. .A.cc.oiillng ~ to ~ the vote t~~in . the.::Republican convention :two years~o there ~ wm; · about"'l ':R.eptlbli~ · out of .: eveu 10 · who real}y :.favored tliis .amenfunertt to · th'e · .constitn­ · tion, arrdi:hat'is -. abortttb.e , pro.Portion : here . in . the :Renate-now. JUr. DlXOi~. ~Ir. Pre:si.<1ent--

465: Senate, June 12, 1911, ¶ 465 (Senate1911.Jun12.465)

The ' PRESIIJING ' DFIUOER (Mr. 'RaOT 'inJire :· chair). r noes "'1-he Senator"from ' Missouri ;;Yield 1:0 ' the Bemrtor 'from 'Montana! · Mr. ' STONE. · yes.

466: Senate, June 12, 1911, ¶ 466 (Senate1911.Jun12.466)

' lUr. "DIXON. · 1 : shmild like i:o " inquire · df · the Senator ' ll'om 'Missouri • when ' he :ts '111a'.king " lils ~ tnrl.ictment '"01 the Republicmi ~arty-:a~ · to · tts · 'fa.vortng · orr.no~oring .this joint-resolution, if he recalls '. tlre .ract ' tmrt : three::yeru:s - a:go ' .in:i:lre · Senate · Chamber, . ilen . th'e ·· senator 'tram .. Olththomu T:Mr. · OWEN] offered " his "l:eso­ . lntion · to:instruct fue :'. Committee ~ on iJl.riV.ileges lllld .Elections · to · report · a . es6lution amenCling'ii:ce ~ Donstitution :So . "Us .to ]Jl'aVide or 'tire -. l!lectton ~ df "SenatoFs :· by · .a · tlireet vote, ' on!y .9 Demo­ :; cratic i:stmatol!B n.tetl. · far ~ the :-resolution ' Out llf :a · .memJ.:>eI'Sh!p mf 1ibunt SO.!

467: Senate, June 12, 1911, ¶ 467 (Senate1911.Jun12.467)

- :nrr. \ STONE. ''. Oh, ' th-e ~ Semi.tor "from " Montana ' ts-uy friend ' the · senator · '.t'rom Nafth · Carolina . rMr. '. 6vmn.tAN], · 'Bittin:g1tt my ':Side, :says .i' . dotlging," 11 bu~ ~ I · wm - notuge.t1ra . t te~. 'He ' .is"Sinlp~y ~ grasping · at ' a " straw-a lloo.fing -: straw-..:.wlilch · win . not .keep · h1S 1 ht?ad buve 'Wclter. TJt ' is ton · small · a matter .ito ' .brmg "in some vote, which I do not . recall, had..abant instructing .fiome ' commit- · tee to r do r some · particular thing. "'I " know · nothing · · about that. If the Senator can satisfy his conscienee · nnfi : ws ·· .constituency with that sort of thing, all right If . so, · then both Jiis . conr:scien'C'e • and ':his · eonstltrrency rm"e ~ ea:siiy ~ saf:tSfled.

468: Senate, June 12, 1911, ¶ 468 (Senate1911.Jun12.468)

Mr. DIXON. 'No; " but I was interested · m the -Senator 1 statements, .and I remembered that on the .first .test v.ote, I .think, · in · :the · senate, on a motion of ' the ' Senator · from Oklahoma, there · were 9 Democratic and 11 ' Republican :v-Otes in the affirmativ.e. ' The rest either voted - against cit - or dodged.

469: Senate, June 12, 1911, ¶ 469 (Senate1911.Jun12.469)

" l\Ir. STONE. I will look np . that""Ieeord,M it . should be . considered of any importance, which :iI do not :now - consider - it. A , proposal to instruct 1 a .committee nearly · always -involves -- some collateral complication. I do 1 not recall the - instance cited . by the · Senator from Montana, but it must have been .. complicated J).y some collateral consideration. The point I am making, : and I .:r am showing · b.eyond . doubt, is .that the Republican ~ Party, as .a party, isillDt in.favor .. of ; the election _ of .· Senators by a direct ~ate of the people. .The • :-Senator from .New -York '[Mr. 'RooT], who now occupies the chair, voiced that party . sentiment when at the . lasbs.ession . he delivered . his lll11Sterful speech on ; this . floor . in opposition to • the ., -joint ~ resolution then before .the - senate, whic'h was in the very · terms · of the resolution now before the Senate. The Senator from New - York and tlre senior Senator from Idaho [Mr. H:mwuxN] J fn'e"'the best ' interpreters of Republican Party · 'Sentiment on this r question. .

470: Senate, June 12, 1911, ¶ 470 (Senate1911.Jun12.470)

Mr. President, how many Republican Senators ~ ure really 1n ; lfa_vor of t tlils anea.snre.'l W.-ery :few~ _:A ' few voteu . for t last Februa~y, when it had little or no chance of .getting the rer quired. ~wo~thiros " lllajurtty, 1Wlro 'Will • change ~ the1r · position · tnow, when with , theirvotes it · -c.ould t be atlopted. Three months ago they voted against the - Sutlreiland «mendment, wilich · was lideiltical · rw:Ith -What · i"s now the : Bristow mendment. The - Re­ : publicans who 'then ;,voted · against the • .Sntheiland 'llmendment :me1-e Senntors ffiolfA.-ii . , Barnum, ffiBIB'lOW, , BJtowN, · OLA.PP, OUlr­ 'llIINB; • GnoNNA, ; anll LA ; FO!iliE!l'TE. .::At f that time, .:Mr. President, ttire · De.Illlleratic-Te.presenta:tion ' on .!this · flour was not · so grmt ns Jt 1 is--now. ::Perhaps I hav;e-no dghti:o r intlmate - that 'these r fils­ ':tinguished epubliea.ns, ·. :or 'lllly of ' them, - vot-ed y as they · did on :th~ t Sutherl'and.nmendment 1n the fond belief that l tlm . measure ~ w0111d 11.e . nefeatea . any.how. But · will :they ·; vote : tlle ':Same w~y now? Will they vote against the Sutherland-Bristow amena- 1II1ent mow a:s-:they i did :three · months .. 1rgo.~ :1'f nd.t, "th.en I want to know what has happened ' in · these three "lllonths . to change the : opinion -of : these ' Senatol's! We · must a:ssnme, · of course, rtha:t all lthese . Senators ~ hatl ..read the i Qonstitution : before they ~: cast 1:hcir · v.otes J.ast .iFebru:acy and · were .:familiar · with it; · we . mnst assmne >. that they ..:had studied r the ; question then .he:fare the · senate, : lmfi that ~ acted · deliberately mnd with · fun dmnwledge uf w.hat they.:were doing : nna , what;the , effect would be; ~ and yet -:i w.e ..haV-.e ;;the · :spec~ ..here ::to-dn;y .of bebolding .· the ~ senator from · Kansas • [Mr. · RIST<>W] ':SD.:atching ±he · Sutherland ..amendm.ent : from : tlm · hand :of it.s author, :. wavin-g • it n1oftll.B .· his own conception, and leaping into the arena with a grim -determination to stand by it and die , farJt a-s'Jli:s . very own; · ana yet, • ;again, . thismmendmen.t 1 he now ~ champions · is ;the -vel'Y thing he denounced and voted against .. three months . ago. I ~ Bhoultl like to 1..'1low-I expect the Senator · from JThnsas to tell us-.cwh:.rt he · has dl.eard " since then, · .a.rrd ill:om ;whom t he · heard Jt, nnd "'What ~ he . has been told 1 to ca.use him to · change i hiS«n>inian.; amd 1 e~pedally · do I . want to iknow i who . told him . . It is .; all .v . ezy : ..cutiollli . in fact, v.~y • myste:cions.

471: Senate, June 12, 1911, ¶ 471 (Senate1911.Jun12.471)

Mr . . President, L We · ha:v;e · abont lO · .more.rDemo:c.r;its 1n . the : Senate n<>w :than < we 1 bad .in Jl'ebxm1ry; ..and df . these · Republican Senators who voted with !US in 1Februazy w.ould v.ote • with ms now, we could defeat this :Bristow ,· amwdment :ml ]>ass the . ~oint · .resolution .as it 1 came L!rom the . .Jnd.iclazy , Committee, and do it with the confident m.5Surnnee . that m .suffielent number · ..ot the States of the Union would ratify iit to :write it rlnto the ;. Constitution. ~he Senator from Kansas r has !Shown ~ his · hand, but I do not at this moment reeall .;whether ; any · other : of our . recent . allies ma.~ indicated , fl 11urpose to - join him..:tn i deserting us in this hour when victory ... is hovering . Tight ~ above ,, the stantl.­ . :.ar.d . of . the p.eQple. There r may be 1 ather6i; · we will : see. If . they . do . dese~t us, d: cmi , on1y ;· account.:fur .it on ~ the ~ theory ~ that .they t we-re . not 'i WhollY .:: sincere - bafo.re, · and that 'llo.w · wJien , we ;really : hav.e . a . chanae .of i .ge~ rthls amendment : into the .Donstitutlon 1 they . turn . tail . and ra.Il5' ..to . .the SUilPort .af that · which • they , <Je­ . naunced . ana . Qpposed three , months :ago, ~ ~g . that .. ulti· mately they will .. in some way . defeat rthe ; adoption . of · :the amendment They know as ...lllllCh &l.bout . ove:cy .Pha'Be of ~s ..su.Qject .n<>w a:s th~y kn~w -1 then : a:nd knew . llBrmn'Cb.'1:hen as..they :Jmew maw. :Why ~ should they -seek IDQW . to graft -. thh:; amendment _ on the . resolution unless it ' be .\to . insure "ts ultimate -. dei feat? _ The . Southern . States .have - been umo.Qg " th~ most ; ardent · a.Uvecates«>f .. this :refo:rm, Jmt the - Southern Staies are, as y . ou ~ know, _ peculiarly situated. J)o theS'e .Senators · change front now - with a i view to .so : foxmulating . the ..resolution as to make . it espedally obnoxious to the South and seek in . that . way . to thwart the movement for the . diree.t..election ~ of -Senato:rs? That . ma,y . he a . fine .piece of J>Oliti.cs, ·, but · it can not, :I s.ubmit, o;ppeal to men who want to deal fairly . with . a .great pnblic 1 {luestion. Mr. President, I may be mistaken, but .can : not escape the ...con'tlction . that · the friends . of this . :cef.orm are :now running up ..against a game . of r smart fi Politics .b.ei:e 'n .the · Senate. .That . is w.hat 'I ' believe 11bon.t . it. The . ltepnlillcan Party ls against the : amen ' dment, .ana, ..as . a . rule, J fil!I)ect .:Republic.an Senato.rs .to · be -o.gainst it. .As to : :Republican Senators _ generally J ha - ve no ctificism to make, but .as ±o . those iWho .voted ; with us in Febxuacy last, ~ but .who int--end , to :vote against . us now, I · am bound to say that they are pedormiQ.g..in n most . mysterious . and inex­ :.Plicable WEW ..nnless it . be that 1 they'Jlave been, and are, merely p~ying rune snp_posedly : smart _ game of _politics witho.ut regard ifor ihe ight or the wrong of the ,gr.e.at issue - at . stake.

472: Senate, June 12, 1911, ¶ 472 (Senate1911.Jun12.472)

.Mr. President, 1 think . that .is .an J: now care to say on the 1 subject . of ~ this joint resolution.

474: Senate, June 12, 1911, ¶ 474 (Senate1911.Jun12.474)

The :!?RESIDING OFFICER. Does the :Sena.tor .from .Mis· souri yield to the .Senator . fr.om .Texas 1

476: Senate, June 12, 1911, ¶ 476 (Senate1911.Jun12.476)

Mr. CULBERSON. 1 have here the report of the proceedings of the Republican national convention of 1008, the only copy I erer saw, and the vote on including in the platform a demand for the election of Senators by the people was--:yeas 11.4 and nays "866, and Kansas is recorded as voting "nay."

477: Senate, June 12, 1911, ¶ 477 (Senate1911.Jun12.477)

Mr. ST01'TE. There can be no doubt that this is essentially a Democratic policy .. and that the .Republican Party is against it. A few Republicans have been converted, and ns .is usual "With new converts they not only want the best places in Qie band wagon, but they evoo want to occupy the driver's seat I would like to inquire if the Senator from Texas know.s whether the amiable and distinguished junior Senator from Kansas [Mr. B.1usrow] was in that .convention?

478: Senate, June 12, 1911, ¶ 478 (Senate1911.Jun12.478)

Mr. CULBERSON. I have not investigated far enough to determine that question.

480: Senate, June 12, 1911, ¶ 480 (Senate1911.Jun12.480)

~Ir. STONE. Mr. President, while I am on the floor there is another thing tlmt I want to speak about briefly.

481: Senate, June 12, 1911, ¶ 481 (Senate1911.Jun12.481)

The truth is there is a certain contingent of Senators 01er there -011 the other side who, finding that a number of things we Democrats have been strenuously advocating for lo these many years me becoming popular, are rushing in to filch filld appropriate them. The election of Senators by the :people is one <>f them, and another is a law-a constitutional amendment, if n~essary-authorizing the levying of fill income tax. The other day I picked np the Washington Times, one of our entertaining Washingt.on publications, .and found a:mong other things what I now read;

482: Senate, June 12, 1911, ¶ 482 (Senate1911.Jun12.482)

" Senator Norous BROWN, of Nebraska_ father of the ineometax amend.ment to the Federal ()onstitution, beliel'es" so .and so , and his views are stated in extenso. Ye gods, think of the Senator from Nebraska as the father -of the income tax! Why, Mr. President, the Dem-OCrats of the United Stat.es, through their national conventions, have been declari.ng for an in.co.me tax e¥fil' since 1896. 1t was put into the Democratic platform at Chicago in 1896, and it has been a recognized Democratic poli.cy from that time to this. In 1896 the -OCC:asion arose fur an ~pression of <>"pinion on the income tax, because the Supreme Court:, in contravention -of IllfillY previous rnli:ngs, had, shortly before the convention met, declared the income-tax law passed a.bout a year before to be unconstitutional. .And how did that income-tax provision get into the law? Wllo pot it in'? It was put in by a Democratic Congress. It was a Democratic measure, and when the Supreme Court held it to be unconstitutional the Democratic convention, which assembled shortly thereafter, declared the decision to be not only against precedent, but dangerous to national safety, and the convention urged it .as .a duty on Congress to use nil the power the Congress had remaining to fortify filld defend the country against the evils . that might flow from that decision. Republicans all o-ver this country then denounced the Democratic Party for that declaration, charging that the party was making an i .assault upon the Supreme Court of the United States. .Anrl yet ! if we compare that conv-ention utterance with other utterances \ I since made by great leaders of the Republican Party it apI pears so mild as to be almost insipid. But you then denounced 1 '1. I it from the Atlantic to the Pacific as a firebrand and as an encouragement to anarchy .and disorder. You railed out that we were teaching the people to look with suspicion and distrust upon the judiciary just because we said Congress should, despite the decision of the Supreme Court, use all the constitutional power it had for the enactment of some constitutional law that w-0ulil authorize the levy of an meome tax. But in spite of your denunciations the American Democracy have kept right -on demanding a.n income tax. The last Democratic national convention, held at Denver in 1908, incorporated this plank: m its platform!

483: Senate, June 12, 1911, ¶ 483 (Senate1911.Jun12.483)

We favor -un income tax as part of our revenue system, and we urge the submission of a constitutional amendment specffically nnlhorizing Congress to levy and collect a tax upon indtvidual and corponte lnoomes, to the end that wealth may bear its proportionate sh.are of the burdens of the Federal Government. \ That ha.s been the Democratic attitude -0n this question since I it first arose in 1896. It is a.n old and familiar Democratic doctrine. .And yet my good friend from Nebraska-and we are the best of friends-permits himself to be-at least he has not protested against being-exploited in the press in a friendly and partial newspaper as " “the father of the income tax," al- ; th o ugh the Republican Party has never, never, never declared for it in any national convention. That party has been silent upon that .question, as it has been silent upon the election of Senators and silent upon -Other leading questions of the day. I n fact the Republican Party has come to be the gr-eat party of sil e nce. And yet, accepting the Washington Times as authority, and despite the oft-declared position of the Democrati~ Party, one might suppose that the income tax was a homeless wanderer, a sort of legislative nnllius fillius, .and that the Senator from Nebraska happening to see the waif, tottering, tattered, .and sore footed, to.ok it to his bosom and became its sponso.r. [Laughter.] Why, Mr. President, we Democrats have been nursing this child on a bottle of blue milk, so to speak, for lo, these many years. We have bad to nurse it in that way because you gentlemen over on that side who have been controlling the fat of the land have denied it any other and better nourishment. :Here is -another striking instance of -political larceny. [Laughter.] You are trying to take S()methlng that doa not belong to you. Well, take it, if you really want it. We do not care, for the Lord knows you ought to have something good to comfort you. You are welcome to all the eom· fort you can get out of this, only I want it understood in the wind up that this income-tax propo1llti-0n was born in om household and nurtured by us nntil u few Republican Senators came over and helped us to submit it to the legislatures of the States as nn amendment to the Federal Constitution.

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