The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-21
Governor Holman NOn-C Ommittal on Its
ConStitutlOnality.
CUMULATIVE VOTING AN EXPERIMENT
Eminent Lawyers Declare the Provisions Of the
Charter Unconstitutional
Are Voters To BE Dis
franchiScd?

tract his opinions on the last political sensation
she new charter, which our rural legislators have
kindly conferred on this helpless city of New York.
Having arrived at Union square the reporter de-
serted white nag with the State arms In blue way
ing from the nag pole over the Clarendon. He pro-
ceeded to that aristocratic hostery ascertained
that the Governor was in," sent up his pasteboard
and In few minutes found himself ushered into the
Chief Magistrates courteous and pleasant presence
Having seen that the reporter was seated comforta
bly,, Mr.. HOFFMAN asked what he could do for him.
II have called, Governor" said the HERALD en-
voy, Ito impress upon you the great anxiety felt
by the HERALDs readers to know what are your
thoughts and intentions regarding the law just
passed by the Legislature comforting new charter
on this CITY,"
SWELL" replied Mr.. Hoffman, ~ should like very
much indeed to give you some definite information
but really cannot do SO. have not read the char
ter yet. 1t had not arrived at the State Department
before left Albany. 1t Is matter OF too great i'm
portance to this city to be treated lightly. in
tend to read that act very carefully and give it
my deepest consideration. l cannot say now
whether shall approve or disapprove of all any
portion oft. mean to study il very closely, and
viii give my decision about the end of next week."
= Here was something. The reporter, Frightening
mp, said, "Oh, then, Governor, you win render q
decision; you will state your opinion Of the act;
you WORT simply let It become law at the expira-
ton OF the ten days 2"
But the Governor smiled and said, "Ah, you see
that would be giving decision;' but from his man.
towards the end OF the week, the reporter felt and
still feels fully convinced that the Governor will
either sign the charter in the usual way veto it
outright, most probably the latter There was veto
In his eye at the time
REPoRTER-You are at least aware, Governor,
that of the leading features in this charter is its
proposing to inaugurate the system of cumulative
voting. What is your opinion OF that
Governor HoFFMAN-lndeed, may truly say that
n Ia n n than into how mn
formed any opinion. l shall have to think that
matter over and see whether 1t be constitutional,
or, II so, whether 1t be also advisable and fair. 1t
requires the greatest consideration.
REPoRTER-There is another matter, Governor, to
which would like to call your attention. The mu-
nucipal elections under this charter are to be held
on the 2lst OF May. There is q loud rumor around
town, which finds great credence among the class
Of people Immediately concerned, to the effect that
that time was fixed In order to practically disfran-
chise O vast number Of citizens OF the working
class, who must find it necessary or convenient to
the usual moving day." while, on the other hand,
the fixing Of that day for the election does
not at all affect the weather classes, who their
own houses and have no occasion to move on May
day, and who, 1t is popularity supposed propose to
themselves to practically keep ali the affairs OF this
city exclusively in their own hands in the future.
To confirm this suspicion in the minds of the work
mgmen, they are told that election day was fixed
thus early in order not only to throw obstacles In
their way, but to enable the more prosperous peo-
pie to their votes before their departure to
the country and the watering places for the
WAaJ 40 you lnlllk Oh all tiLS, GOVernOT -.
Governor HoFFMAN-I noticed something about
that in one OF the papers this morning. have not
since given much attention to the subject; but
think even il this principle OF cumulative voting
and the system Of eecting number of aldermen in
bulk as 1t were, from each Senatorial district, be
proved to be constitutional, the people who have
nom voting thereby. The constitutional provision
requiring the voter to reside a certain length OF
reside so long within the lines marked out for con-
venence to bound what is known as an election
district" The word district, as here used in the
constitution, means that portion of the State Of
which the candidate voted for is If elected, to be
officer. citizen, for instance, who simply moves
on the first of May from any one place of residence
within the city to another also within the city can
not be debarred from voting for Mayor. Now 1t
seems that under this new charter you are to elect
nine Aldermen from each Senatorial district II the
act be so construed that each OF those Aldermen Ia
an officer Of the Senatorial district, and of that
only then Il the voter who moves" on the first Of
another within a Senatorial district, he can vote
for the Aldermanic candidates for that dis
trict; but If the voter move from one
Senatorial district to another, then he cannot vote
for the Aldermen. II, on the other hand, each
Alderman elected under this new charter Is to be
but Of the whole city, then the citizen who
may change his residence within the
G t 5s must e De 60 Ste fo
will be, whether the Aldermen to be recognized
as officers of the whole city, or as officers OF the
district in which they. were elected, or whether
they can constltionaty be the other2 In fact
l cannot decide myself on this or any other point,
as have told you, until have carefully read this
Finding II entirely useless II not impertnent and
ilmannered to question his Excellleny any further
on this subject the reporter gratefully thanked the
Governor for his courtesy and bowed himself away.
Eminent Legal Opinion ON the Subject.
The following opinion of eminent counsel in the
city, and whose signatures are appended to the
document, has been presented to the Governor on
the unconstitutionality Of the clause in the new
charter on cumulative voting. If the opinion has
the effect Intended or the mind of the Governor it
must determine him to very considerable extent,
when he comes to consider the charter as whole,
In giving or Withholding his approval Of that mea-
sure. The opinion is one OF great Importance at
the present moment and will be read with great
in9eres. y az thinking citizens:
We have CAREFULLY eSamnsG tho .;Ssrr.sn, WIZ
as the "Charter OF the Committee OF SEVENTH We
are OF opinion that the provisions in regard to
S Ho,as ar clearly The
No; 24n prov es that in each Senate.
rial district in the city of New
making ID m nacs h be
20 vote for pine candidates He may cast nine bal
lots for ore candidate, or he may distribute his
nine ballots as he rleases among tue different can
one candidate; or eight ballots for one candidate
and for another or seven ballots for one candi
date and one ballot for each Of two other candidates;
ur six ballots for one candidate, and one ballot each
for three other candidates. or SIX ballots for one
candidate two for another and one for another; or
five ballots for one candidate and one ballot each
for four other candidates; or five ballots
for one candidate, two ballots for another
and two for another four ballots for one candi-
date and one ballot each for five Others or four for
one candidate, two ballots each for two others and
one for another or four ballots for one candidate,
three ballots for another and one each for two more,
and so on In other words, each voter would be COM
PEELED to select one out Of the vast number OF COM
banations OF nine names put In nomination by the
political party to which he belonged. Should he
desire TO vote ticket composed Of names put In
nomination by several political organizations, each
organization having nominated nine men, the num-
Der or combinations OF names from which he would
have to select would be endless.
This awkward, cumbrous complicated and I'M
tried system of voting Is clearly violation OF
eral provisions OF our State constitution.
Ffrst-lt IL In conflict with section l. article of
the constitution, which provides as follows:-
Every male citizen Of the age twenty years. who
snaI nave been citizen for ten days and an inhabant
M tnis sa one year next preceding any election
the inst iour months resident OF the county where he
may ocr ms vote shall be entitled
ton III Tue election district of which shall at the time
nc resident, and for all officers