Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-05-03
lFRoM OUR REGULAR CORRESPONDENT
New YORK, Nav 1. Is

|
to ask ourselves. Two things, whichin the luIl
before the fair opening of the presidential cam
paign occupy most of our thoughts would
almost show that no law really valid can be
framed.
The first relates TO our city charter When
the fearful facts of our misgoyernment came TO
be generally acknowledged the committee of
| seventy" to whom by tacit consent the control
of city affairs was virtually confided, undertook
to frame new charter. Among the members
of that committee were some of our ablest law
yers and most astute politicians They drew up
a charter for us, which passed both branches of
the Legislature by very decided maiorites, and
was submitted to the governor for his sanction
or disapproval Scarcely had the bill passed,
when two gentlemen learned in the law prepared
an elaborate opinion to the effect that this char
ter was unconstitutional. This of itself was
of little consequences; but three men
who had formerly sat on the bench,
each of them having won high judicial repu-
tatiou, formally endorsed this opinion. One
| can easily understand that there may be room
| for doubt as to the wisdom or expediency of any
| law; but it would seem that there should be no
/ room for question, whether that law did or
did not violate the terms of any constitutional
| provision. The special point in the charter
affirmed to be unconstitutional, was that desig-
mated as Cumulative voting" Its object was
to enable the party in the minority to have a
share proportional to its numbers, in the admin
istration of our city affairs. To effect this the
city was to be divided into five districts, each of
nj, oil C,Y.t
five thus chosen to constitute the real governing
power of the city. But every elector might
cast the whole or any part of his niue votes
for a single person. Thus, supposing that in
any district one-ninth Of the voters were in favor
of any person, each one of these casting his
whole nine votes in his favor, his election
would be secured. Something like this is prac
ticed in England, in certain cases, in the choice
of members OF parliament. When borough is
entitled to two or more members, each elector
may cast his two or more votes for one person
This is called "plumper." If there are two
members to be chosen, and the weaker party is
| not in a hopeless minority, by judiciOus use
of plumpers it can always secure one. II there
are three to be chosen, the majority will secure
two, the minority one. In one case the design
of this cumulative voting was q good one;
but the mode was in every way OBJ
jectionable. A body of forty-ive men is alto
gether too large for the speedy transaction of the
mere routine business which constitutes the
main duty of municipal government. One
third of this number is quite enough. The five
districts correspond to the senatorial districts
into which the city is divided. To retain these
in the distribution of aldermen was undoubted-
ly the best thing; and if instead of nine men,
bers from each, there had been three, o1perhaps
even FIVE, it might have worked well. Still, in
establishing the principle of cumulative voting
would have reversed the process. l would
have each district entitled to three aldermen;
every elcctor to be entitled to two votes, both of
| which he might, if he chose, cast for the same
| person; the three persons having the largest
number of votes TO be elected. The result would
be that each voter of the weaker party would
| give "plumper" for one person, and in case
| this party contained more than a third of the
votes, ii would certainly elect one of the three
the stronger party having two. The majority
would thus have its legitimate preponderance in
the board, while it would be watched and
checked by a strong minority.
The charter, as passed, was disapproyed by
the governor. He very wisely ignored the argu-
ments as to its constitutionalty, and rested his
veto upon the inherent defects of the bill His
argument against it was able, and, think, con-
elusive. At least, it so appeared to the legsla-
ture; for when the question came up as to
whether the bill should be passed over the veto,
this was sustained by a vote of more than two
to one $50 to 80. If upon this question the
members had voted as they did on the bill itself,
it would have passed by the requisite two-thrds.
Half of the members who originally voted for
it were thus convinced that their vote was
wrong.
Suppose that the governor had suffered the
bill to become law, either by signing it or by
retaining it beyond the requisite ten days, we
should have been thrown into inextricable con-
| fusion. The officials created by the charter
would have been chosen and would have entered
upon their duties. The constitutionality of the
charter would have been brought before the
courts. While the case was pending theil
action would have been hampered in every way
and in case the charter was finally decided to be
unconstitutional, every act done under it would
have been void. One can imagine the litigation
that would have ensued. 1t might have been
pleasure to the lawyers, but it would have beer
death TO us.
The finale to the case of the criminals in oul
prisons shows the utter hap-hazard way in
which our laws have been administered for hall
generation. Our leading rogues' lawyer ha,
beaten the whole bench; and am sorry to say
| IL Ia
Brady, one of our ablest iurists, has formal,
decided that every conviction made by the cour
of special sessions since 1858 is invalid. Tn
court as constituted had no more right to TT,
the criminals than had any two men picked on
of the streets. All these sentences are just S
much waste paper. The hundreds of scoundrel
sentenced by them have had no trial at all. Tn
decision directs indeed that they shall be rt
leased from the penitentiary only 10 be con
mtted anew to the city prison, unit
they can be tried by competent court. Blu
in the great majority of cases the evidence upo
which the former conviction was based can b
no longer adduced. Some of the witnesses ar
dead, others can not be found. The offender:
of whose guilt there is not the slightest doubt
will be arraigned only to be discharged for wan
Of evidence against them. The number Of pris
oners who are to be virtually discharged by thi
decision is 234; similar application, with tn
same inevitable result, will be made for as man.
more. Thus half thousand Of the worst Grim
nals in the land will, in a few days, be let oos
+ at once TO prey upon the community Whei
! TINS is done we may fairly look for a startlin,
f increase OF crime and outrage. And all this be
Il cause out of half score Of judges not MAI
$ OF them ever took the trouble to read Oh,
v law under which he protested 20 act; or i
9 they read 1t, they were too stupid to understand
IT, With two or three honorable exceptions. tb
3 judges of our lower courts are pot-house poli
, ticlans OF tue very lowest order, whose mail
business is TO get up clubs bearing their name
The vilest criminal who happens to have polit
cal influence in his ward is virtually safe from
punishment.
: nOne might have thought that with the hsciv
business of Fisk's opera house and the indecenc
OF the "Back Crook" our theatres had sounde
the lowest depths of dcbasement. But With
a few days a manager has discovered a low