The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-26
published opinion OF Messrs; Lawrence and clinton.

that that he must be allowed to vote for every candi
date, and that the cumulative vote does not
permit him 80 sSat the clanss in aess
ton was inserted In the constitution for
entirely different 4 qr and simply to
that there should be different property qualinca-
tons OF voters Tor Assemblymen and Senator's
voter for Assemblyman being required to be worth
eco and voter for Senator fl0O. This dis
tinction occasioned much dissatisfaction among the
people OF the State about the year 1920 and the
Guided from the full exercise Of the elective fran
chise $4,000 persons. who had property and who
were otherwise entitled to vote. This dissatisfac
ton led TO the formation OF
THE CONSTITUTIONAL CONVENTION OF 1921,
and the trainers OF that amended constitution pro-
vided by this clause that there should be no dis
tincti0n between voter for Assembyman and a
voter for Senator with reference to property quail
fcaton. That such was the intention OF the clause
was clearly shown by the debates In that COnven-
ton, and particularly by the speeches Of Van
prominent men. This clause, therefore, said Pro-
lessor Dwight, does not lend the least
countenance to the objection, and It was IN.
corporated in the present constitution for
the same reason. The second objection OF
those who were opposed to the cumulative system
ton meant casting only one ballot for one man.
The answer to this clause was not intended to de-
fine vote; that point was only alluded TO mel
elector. The whole object of the section was not to
determine what vote is, but to prescribe that an
elector having certain qualifications should nave
RIGHT TO VOTE,
whatever the vote might be- The third objection
was that the elections must be uniform in all the
cities Of the State, and as this cumulative system
was confined to the city of New York 1t was not
uniform and consequently was not constitutional.
Tho answer to this point was that there was
nothing in the constitution requiring elections to
be uniform in all cities, that this construction was
ton 2, and there was no more good reason to
infer that the elections should be uni
than that p" wnv aSe peoe
should desire to have elections In the different cities
uniform There might be very strong reasons why
they should not be, as mode Of election which
would be well adapted to large city might be quit
nnserviceable In smaller one. It was unreason,
tie themselves down SO Closely in the constitution
that they could not, from time TO time,
vary forms which did not interfere with the sub
stance OF elections. In conclusion, Professor
Dwight referred to some Of the evils which he said
those opposed to the charter had conured up, such
as that the cumulative plan was
YARMOUTH SYSTEM OF REPEATING.
and that It was % grand game Of chance no TO
repeateg uSder i unless by that no
honest citizen might fear the charge OF repeating
who cast the vote which the law allowed him ana
more and that 1t was prepOsterOus 70 call IL
game Of chance, because the result could be made
matter Of calculation. Finally he repeated to the
and that the wiser course would be to leave 1t to
the Court, unless he were clearly convinced that 1t
Mr. Henry L. Clinton, who during the day had
been disputing mooted points with Messrs Solomon
and Stern, for the edifcation of the Governor,
Dwight, who, he contended, had not answered any
Of the points in the opinion prepared red
MT ana vona
held that the learned Professor had en-
tirely begged the whole question Mr.. Clinton
argued that the proper rule OF construction or O
constitution or organic law was that language used
in the instrument should be interpreted In the
in which it was understood at the time Of its
adoption At the time Of the adoption of our State
constitution he said, voting meant that one eleotor
own nAr ONE NAN
and that 1t never had any other meaning. In
Illustrating this IN he sna Gos to 1e
p psasme in 's which ss'a sse ~ tat
the Of the sS which gq ny
twelve jurors, and no less number: The phrase
"trial by Jury" had no more fixed and definite
In the State constitution. 1t followed necessarily
that voting in constitutional sense meant casting
one ballot for one candidate. He commended that
vote for 'all officers" and that this, by necessary
Implication, carried with It prohibition against ,
II an eector were obliged to use several votes for
one candidate In order to offset emulation
didate, he could only vote for part Of the whole
nine Aldermen to be elected and would be deprived
OF his constitutional right to vote Tor ALL Ihere
was no express provision In the constitution
against women and children voting and yet mas
much as the constitution provides that every male
S ass Otherwise e VI age y 'Ts aea vs
women and children were by Implication
forbidden to vote upon the same prin,
every eector to vote for 'all officers" which meant
that he might vote once for one officer. This pro-
vision contained by the same necessary implica,
than once for one office. 1t might just as well be
argued that statutes expressly authorizing persons
to commit crime would be constitutional because
there was no provision In the constitution which
expressly prohibited the enactment of such statutes
He contended that cumulative voting was
that it would legalize repeating and prevent the
discovery and exposure OF election frauds In Illus
the present system, II the inspectors refused to
give candidate. credit for the whole number of
by the electors that they had voted for
him. but under the he sysem S
for any candidate to prove that the inspectors had
cheated him, because the electors could not remem-
Der to any great extent how many times they had
voted for any single candidate. II the inspectors
should perpetrate frauds and award certificate of
election to the person not entitled to 1t the frauds
OF the inspectors could never be discovered unless
they exposed each other. great many o Their OBJ
jectons to the charter were pointed out by Mr..
Clinton during the day, among them the provisions.
who changed their residences out Of their Senatorial
districts on the 1st OF May, and all
THE SCHOOL TEACHERS
would be egislated out Of Office on the LIST OF
July, with only chance OF reappointment. He
pointed out the provisions in relation to the Commits
sioners Of Public Safety, and which appeared to
him most extraordinary. The Department OF Pub
lie Safety embraced the Departments Of Fire.
Police, Health and Public Buildings. Section
AZ Of the charter provides that the Board
of Aldermen may remove any or all OF the Com
miasloners, and section 4s provides that va.
cancies occurring by removal, resignation death
otherwise shall be filled by the remaining Com
missioners. The Board OF Aldermen might remove
all the Commissioners, that there might be no re-
naming Commissioners to fill the vacancies. Mean
while there would be no Commissioners at all,
and there might be no heads to any
of those departments. He also claimed that the
provision in relation to the Finance Department
was absurd and dangerous; that the Comptroller
could be overruled by the four Commissioners OF
the Treasury; that the Mayor could remove the
Comptroller at any moment on mere caprice and
THE FINANCIAL INTERESTS OF THE CITY
be thus placed In the greatest jeopardy.
Messrs. Salomon and Stern stuck to the Governor
all day, and went over with him nearly every sec
ton of the charter, explaining the objects Of each
as intended by the Committee of Seventy, and an
swering the objections that were urged against
certain sections Of their dar ing document After Mr..
Clinton concluded his reply to Professor Dwights
elaborate argument all the gentlemen present
withdrew, and the Governor retired to mediate
upon all the wisdom that he has listened to so at
a1v to-