The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-26
TIE CHARTER.
Wise, Men of the Seventy Be-
fore the Governor.
Professor Dwight in Advocacy Of the
Cumulative Clause.
HENRY |. CLINTON BACKING HIS OPINION.
No Sign from the Governor and No sigma
ture to the Charter.


ture to the Charter.
ALBANY, April 25, 1872.
Governor Hoffman devoted to-day to the hearing
Of the arguments OF parties who desired to present
their reasons why he should or should not veto the
Committee Of Seventy's charter The Executive
chamber was thrown open to all corners, but there
were few persons in attendance The audience
was quite informal, and the interchange OF opinions
chiefly conversational. The Seventy, through their
representatives have stuck to their pet measure
persstently to the last, and they have hopes that
their untrlng efforts, aided by the elaborate argu
ment OF Professor Dwight, may induce the Governor
TO allow the charter to become q law and leave the
question Of constitutionality to be decided by the
Court OF Appeals. The Governor listened with
marked attention to all the statements on either
side, and in the course Of conversation called at
tention to various sections and asked a number of
questions, but he did not Intimate one way or the
ether, what
HIS FINAL DECISION
would be. Both sides feel quite confdent-the one
that he will sign and the other that he will veto It,
The Governor will have until early next week to
return it to the Legislature with his objections II
he should decide to do so. Meanwhile
he carries the darling document in his
capacous official pocket, and both sides
await the issue with the deepest interest
During the day the Committee OF Seventy were
represented by John Wheeler, Ex-Governor SalO-
mon and Mr.. Simon Sterne, and afterwards by
Professor Theodore w. Dwight, OF Columbia College
law school, who arrived In the afternoon to argue
In favor Of the measure. Mr.. Henry L. Clinton ap-
peared on behalf Of those 'reformers' Chiefly
Office holders) who are opposed to the new charter
because it puts them out and provides for the cleo
ctnftb o
devoted to conversational interchange Of senti-
ments In respect Of different disputed points, prln-
cipay that of cumulative voting, its theory and its
practice. When Professor Dwight arrived he made
an elaborate argument in favor Of
THE CoNsTITUTIoNALITY OF THE CHARTER
rs it passed both houses, Notwithstanding all 0pln
Ions to the contrary He remarked In the COM
mencement that the Governor should not veto 1t
upon constitutional grounds unless It's unconsttu-
dOnality was plain, and that 1t was the duty OF q
court Of Justice after solemn argument, to dispose
Of such question. II the Governor should dispose
sion and review, and such decision would not be
hnal On the other hand the courts could be trusted
to take careful and accurate view Of 1t in all its
courts decide the question: unless It were clearly
NOT UNCONSTITUTIONAL,
dwelling mainly on the subject of cumulative vot-
Ing, that being the principal ground upon which the
ferred to the two clauses Of the constitution which,
1t was asserted, conicted with the provisions for
2 section l. to the effect that every male citizen Of
the age Of twenty one years who shall be duly quail
fed, as described, shall be entitled to vote fOr oil
officers that now are hereafter may be elective
by the people," and the second clause was In article
TO- section x1,a to the eHt that that all CITY town
election or appointment is not otherwise provided
for by the constitution, shall be elected by the cleo
tors OF such cities, towns villages, Or appointed
by such authorities thereof as the Legislature shall
designate for that purpose. He then explained the
evident object Of these clauses, That Of the first
THE QUALIFICATIONS or fIiE VOTER
as to age and residence, and to exclude all com,
In earlier constitutions, That of the other clause
was simply to transfer the power Of electing local
officers from TIE central authority at Albany where
selves. Hence he contended that these clauses had
no reference to the subject now under considera-
ton The only limitation IN the constitution n was vas
electors or appointed by the proper authorities, and
consequently that the constitutionality Of cumu
whether an election under that system could be
said to be an election or not. He argued that 1t
wonld be an election in the true meaning of the
term, because all the ordinary modes OF election
were adopted, the qualifications OF the ELECTORS
were uniform and the mode Of collecting and can
wasting the votes was according to the usual prac-
tice at elections. The only remaining inquiry,
therefore, would be whether this cumulative sys-
tenn correspondent with the general ideas involved
ment. This naturally led him into an examination
Of the essential elements OF
A REPRESENTATIVE FORM OF GOVERNMENT,
and which, to preserve the continuity OF his argu-
ment he proceeded to define. The representative
system, he said, must be so shaped that the major
ity, II they were disposed should have greater
weight In the representative body than the minor
ity. He claimed, however, that the representative
system did not require each elector to vote for all
his representatives. for If that were so, all the
members of the Legislature would have to be on a
single ticket and each voter would have to vote FOR
n Legislature. instead
members In designated districts 1t had long been
conceded that the electors might vote in districts;
thus the cumulative vote did not dfner nom the or
binary vote, so far as
THE ESSENTIAL ELEMENTS or REPRESENTATION
were concerned except that 1t allowed q diiierent
mode Of grouping the votes He argued tnat II
there were 1900 voters who voted for ntne men,
any system by which 900 voters could concentrate
their willis on single man would be representa-
tive system that it would not be possible for 1000
to have as much weight in representative body as
b,o0O as that accordingly the majority would have
more. This, he said was one of the leading
excellencies Of the cumulative system. Pro-
lessor Dwight proceeded then to show
some positive advantages which might rea-
sonably be expected to follow the adoption OF the
cumulative system. One OF these was that 1t would
be likely to increase the interest of the minority
in t'le government Of affairs. If the minority were
absolutely excluded from vote, In the Board OF
Aldermen, for instance, they would soon lose much
INTEREST IN THE ELECTIONS:
while, on the other hand, II they were sure OF
q voice Of warning, when anything was wrong,
they would be more likely TO see that such repre-
Wsas Entirely
from q voice In the representation. II, for ex-
ample, all the Aldermen should be elected on gene.
raj ticket in a city Ike New York, and all were OF
one political character, the minority would be res
tive, uneasy, and the ultimate result might ne
serious disturbance. The easy WORKING OF the rep
rcsentatve system being thing greatly to be
desired the true statesman should seek 10 frame
laws in such way as to remove as iar us possible