The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-21

was understood at the time OF us adoption. The
language used in the section OF the constitution
quoted meant that each elector was entitled to
Vote for 0al oficers," and that he should
for one ofiicer. No one viii denyy thai
nc the time OF the adoption Of constitution the
language used IN the section quoted was under,
only once, for one candidate. No other meaning
was ever imputed to language like this In our own
State constitution or in the constitution OF any
other State of this Union. The permission to vote
for every olcer carries with it necessarily the pro-
hibitlon agalns. voting more than once for one
the constitution in express words.
All VIII cencede that statute permitting cit
liens TO cast more ballots than others would be I'M
constitutional. Every elector is guaranteed the
right to vote for "all oficers.n This ne cannot do
II another elector may vote nine times for one ofi
cer II nine Aldermen are to be elected in one dis
trict every elector has right to vote for ALL II he
Is obliged to use two or more votes on one candi-
another eector on single candidate, he can only
vote LOT part OF the nine; he Is deprived OF his
constitutional right to vote for all.
Under our form OF government the constitution
must always necessarily define the right Of suffrage
and the restrictions upon that right. The section
above cited was Incorporated in the constitution
for the express purpose Of defining that right and
the restrictions upon it, This section means, and
has always been understood by lawyers and judges,
ana In TACT, by every one to mean that an elector
could not vote more than once for one candidate.
The result follows, inevitably, that, In order to en-
able an elecor to cast more than ballot for
candidate 1t Is necessary to alter the constitution.
To maintain the contrary would be to abolish this
particular section OF the constitution.
SecOnd-This system OF cumulative voting Is also
in violation OF section two article ten, OF State
constitution, which provides that
All city, town and village officers whose election APP
elected blythe electors OF such cities towns and Villages or
ties thereof AS the Legislature shall designate for that
purpose.
Aldermen are city officers. Under the proposed
charter Of the Committee OF Seventy they would
not be elected by the electors There is but one
mode Of election known to the constitution, and
that is that one electOr may vote once for
didate. An election at which voters were per-
mitted to cast several ballots for one candidate
would be no election ut all within the meaning Of
the constitution
The constitution nowhere recognizes the posi-
bility Of any other kind OF election than that of
voting once, and only once, for one man. The
Legislature has no power to make the result of an
election depend on the skill of electors In cumulating
their votes 1t might well enact that the opposing
candidates should decide the result by drawing lots
The advocates OF cumulative voting claim that 1t Is
constitutional because the right to cumulate votes
is conferred alike on oil. 1t might just well be
urged that the Legislature have power to enact
that the election shall depend on any game of
chance provided all the voters were afforded an
opportunity to play. The system of cumulative
voting is mere game OF chance. The result Of the
election-for Aldermen for example-conducted on
this principle would depend on the skill OF the
electors in making combinations of the names OF
the nine candidates put In nomination by their
party The voter as already shown, would have to
binations of the nine names. This would be simply
game of chance. Such q mode Of election Is
Tniyd-AnOther reason why this feature Of the
charter OF the Committee Of Seventy Is unconsttu-
tonal s that the Legislature has no power to pre-
scribe this kind OF voting in one portion Of the
State, while in all other parts OF the State 1t Ii not
permitted. Section Of article 10 OF the constitu-
ton above cited prescrbes a uniform rule In re-
gard to the election or appointment OF all city Of
fcers throughout the State-namely, that they
shall be elected by the electors such cities
appointed by such authorities thereof as the
Legislature shall designate for that purpose"
According to the mode Of selecting Aldermen
specified in this charter they neither elected
appointed within the meaning of the constitution
We have already shown that this mode is not an
election, and 1t requires no argument to show that
1t is not an appointment.
Whatever may be thought OF the expediency Of
this system Of cumulative voting it is clear that it
is unconstitutional HENRY L. CLINTON.
A. r. LAWRENCE, Jr.
Dated NEW YORK, April 1872.
We concur with MessrS Clinton and Lawrence
in the foregoing opinion with respect to the uncon
stitutiOnallty Of cumulative voting.
4. w. CLERKE,
Ex-Judge Supreme Court.
JAMES c. SPENCER,
Ex-Judge Superior Court.
S. JONES,
EX,Ju(Oe SuDeriOr COurt.