New-York tribune., 1872-02-14
PROPORTIONAL REPRESENTATION.
OPINION OF THE HON. THEODORE w. DWIGHT
PROVISION FOR CUMULATIVE VOTING CON


sTIIUTIONAL.
ALBANY, Feb. 13-TheOdOre w. Dwight,
esq., has at the request OF the Committee Of Seventy
examined the cOnstitutionay OF certain clauses IN the
pending Charter providing for proportional representa-
ton He averses the legal aspects OF the various sec
tons in detail and points out such provisions as might
give ground for complications with the requirements OF
the Constitutions The only point where there might be
conflict found the suffrage clause OF the Consttu-
tion Of 1886 10 this effect:
"All city, town, and village officers whose election OF
sa be elected by the electors OF such cities towns and
villages or of some division thereof OF apPointeu py
authorities thereof the Legislature shall designate
for that purpose"
An exhaustive review Of the question from this start
ing point leads the following conclusions which sub
stantiay embrace the material arguments OF the .docu
ment:
l. The object OF Article 10 Section OF the New-York
Constitution in reference cities. towns, and villages s
10 require the Legislature 10 confer the power OF the
having local origin. With this restriction the Legsla
ure may resort either the method OF election or OF
Gred by the Constitution that should be by the vote
" he electors OF the city, or OF some division there
votes 3 in providing for an election the Legsla-
stanaly comply with the general principles OF the
rePresenatye system as Applicable to legislative or
the Board OF Aldermen may he considered as such a
Gea In hs se %, that the
should uhabit defined territory; should be placed on
perfect equality their vote that they should be
able group themselves together as to elect repre-
sentative that there should be definite rules concerning
qualifications OF the voters and the canvassng OF the
and that within such territorial district greater
weight should he given 10 the majority than the
minority. Within these general limits the legislative
may provide from time TO time different modes or
ascertanng the electoral will. This proposition must
he taken subject to restriction found In the Cost
tuition. The proposed provision for cumulative vote
in the plan for charter Of The CITY Of New-fork COM
plies with the general rules laid down ID the fourth pro-
position, and Is within the power OF the Legislature II
abrdges in respect the general right OF suffrage pro-
vded III the Constitution. Ii Is but mode OF carrying
the representative system into effect While IL contains
all the elements Of true representative SYSTEM pron
ises to relieve of the imperfectiOns whch now
exist and with the general current OF opinion
among political thinkers not only in this country put
elsewhere. 9. In the strongest view thas . can
be taken against II, the result would only DC tnat
the cumulative vote could not be counted Inc
law in other respects would be upheld and the Cnarr
would continue IN operation until amended by asucceeu
ing Legislature. T. The provision for the appohtmnt
by Board OF Aldermen of the heads or executiVe
departments the general plan OF tne cuIhua.e
vote s but mode OF appointment and is not uhconst
tutiOnal will only add in conclusion that II Lhls pia
of voting he eectua as appled 10 tne great
City Of New York IL will beyond doubt De exIensvey
introduced into other cities and perhaps into state anu
National representation. VIII also furnsn PROOF
the capacity OF representative 10 repair
will practical evils impeding their usefulness ana VIII
cheer the hearts and strengthen the hands OF he ehds
Of republican Institutions throughout the world.