New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-19
Cry CorRr-RRoOKLYN
TIE CONSTTTUTIOhALITY or COHPLLiL
REPRESENTA IION.


To me Edttor Of The tribune.
SIR: VIII you allow me brief space 10 eX-
p-c,3 an opinion perhaps somewhat NJ variance Win
your ownl The general sense seems To have accepted
the uuconstutonallty Of cumulative voting or M u
mag more accurately defined, minority represeht'on
The stats % Illinois acquiesccd in the necessity Of
change Of their organic law to allow It, and IN our own
state we to some extent provided for it ny c0hsu'u
rgnai ndment 10 the judiciary article. In neither Of
those two satos where constitutional lawyers are not
few nor anywhere else, has this system OF voting oeoh
supposed TO be within the scope OF unadapted coh'u'u
tioual law few words will serve TO prove thls STATE
mrnt. Oar Is popular government because u y tno
choice OF the people that is its institutions ana law"
and their officers arc chosen by the people The process
nv which this choice IL made is termed election To
choose and 10 elect therefore, fare INTERCHANGEABLE used
in the Constitution Of the state Of EewYOrk, and b0h
signry 10 select take one in preference 10 aho'h'I
IN. universal rule by which this preference - de-
caicd u Known the majority rule; ana the worn
10 cl..t or choose. has been andSs uniformly
used i'm this universally accepted sense. III adhitS
equally OF no dispute that the popular idea OF majority
il iucytItcably interviewer with the expression OF
choice y the people OF opinion or canddae III
preference to Others proved by excess OF affirmative
ballots, r. hardly need be added that each Dallo repre-
senng an eector, the result OF the election represent
the pre pOuleraBce OF public OPINION IN tlG sullo VI
majority OF votes, in canvass where each ccctoI
equally counts one so the General ana f , YcTV
,ru.e attributed to the word "elect from thc VIZ
Foundation obi te Government f. to give in favor OF an
i, ,r iidafc n majority OF ali the votes cast by
ain the electors election where each eector Is en-
filled 10 one vote In proof OF this. the fact may he IN
t',".I t'at flerc never has been an election in any
criu.t or district village, city or state in the Untd
Stles nat he, been held and decided upon any OcI
,r'n.inlr exccD where specific permission has been
- otber,y. giyen by it, constitutional laws. No such
pcnon IL to be found in the Constitution OF the stare
ri Ney-Y1rk whore "clection" and "eect" are used
ard by FAM lar rule OF law are to be construct ID Iuer
popularity understood sensefn the following extrast MOI
PROVIDED M by utoa shall be elected by the electors OF icl
e. town. Of division thereof or sppou,l N
sac 1tlo. - the Legislature shall designate Tor 'hA pu'
the fact Of passing constitutional amendment
in order permit kind Of cumulative voting N the eeG
ton of Jud ses Of Court OF Appeals Is conclusive
dcnce Constitution torcDy excludes IL al every
i Icther or not there be any doubt that the major
ity rule rule election there certainly can De
none hat the rule Of an election Is not minority rule
saw then that there are nine Aldermen TO be elected in
e9S SENATORIAL district in the City OF NewYork Now it
is nropos that any one eector shall be empowered TO
vote Tor one person times ballot for nne Al
dcrmc This statement presents fairly the proposition
OF the IdYOcatcs OF cumulative VonS' anu WI uc
sen Simply means that IA minority shall elect IL Is I'M
possible that the ballot Of the voter shan empower one
person to al nine Offices as 10 Is ph} slcaIiy ~ Ill
Tor one person TO he nine Aldermen us nieahig p ny
Is that cector is to vote hiRg tig 4n i i9r
one prr,on TO ill one Office II by TINS method ug az
Compel n candidate the office OF Alderman; and he
VIII 10 II ~ multiplying hls sinRie ND.o ~ NM oos tor
eecor j, thus really auihorzed To vote hhe tunes Cr
the candidate. for one Office at the same cleo on
In truth therefore this other than declaring That
minority OF electors SHALL be suinclent 10 constitute an
elect on Ana what j. true OF the general proposition is
~ the various detail or all It's possible dp-
pcaOns. II shou not be understood that the Consul
tuition j. incapable OF warrantng such procedure 10
elect: bnf that until the Constitution IL submitted 10
change al tins specific point the proposed process, how
ever beneficial Is unconstitutional and void Our stat
u-e enacted 10 give Constitution effect accord with
th, plain view the question: for they forbid inserting
op tl, snr,e ballot more than one name for the
Office q T. stat. p. 1885, Sec g. People agt Cook New
York Rep. y. 80 .,..,, IN, -,
The suggestion that though unconstitutional still the
perpctIaOn breach will do no harm, contrasts
sntulary with the claim of for the act
Legislators are never safe In violating the Constitution
II is always full OF harm, and chiefly SO when political
projectors are forcing innovations upon com
nIunty which very many OF It's citizens resist. Leu
the City NewYOrk have new Charter, but
let such Charter believed not to be in conflict
with the Constitution, will command the respect
and be clothed with constitutional power enforce the
obedience OF a Any other would be the fruitful source
OF srife when unity desirable, and OF weakness when
There need al strength. III would be a crying
shame were Charter for the city suffered to signal
anew the litigation and conflict through which its pres
eut Common Council advanced 10 their seats, and to
make ot her evil, hlhertO fortunately escaped.
~ I.-rt T,N 1872. An ELECTOR