Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1873-06-12
Columbus Letter.
CorunBus, o.. June 9, 1873.

5CAEaDCS TO even u GdSudl OD5SFSSEs anu Tile 4
people have evidently been careful in their
selections, with but few exceptions.
Asyet there has been no exhibition of any
partisan feeling, and it strikes me that the
is remarkably clear of any thing
Of the kind Every member seems to under
stand fully that he is working to make Con
stitution for the people. without regard to the
political proclivities ofany.
There have been a great many propositions |
introduced to amend the present Constitution,
and locking to them and their scope, it would |
seem as though it was intended to radically |
change the Cons stitution in the main; and yet, /
1 think. am safe in saying, that the text of
the present Constitution in the main will
be retained, such changes only being made as
seems to be demanded by the experience of
the past twenty years.
There has been more complaint of the pres
ent judicial system, than perhaps any other
part of the present Constitution, but the
change in that will not be radical as many
suppose.
The Supreme, Common Pleas and Probate
Courts, will be retained, substantially, as they
now are.
The jurisdiction of the Probate Court may
be enlarged so rs to include appeals from Jus
tees of the Peace in civil cases, and prose-
cutions in minor criminal offenses. Upon the
other hand, it will be strongly urged to limit
its jurisdiction entirely to probate, testamen-
tary and guardian matters.
The District Court as now constituted, will
be abolished and in its stead new Court will
be created, which will probably be called
Circuit Court. It will be omposed of three
judges elected exclusively for that Court, and
will have two terms a year in each county,
and will be the Court between the Common
Pleas and Supreme Court. It's jurisdiction
will be the same as the District Court now
has, and, in all probability, will have appel
late jurisdiction in the cases that now are en-
titled to a second trial in the Common Pleas.
| Quite a plumber of the delegates came here
strongly preiudced against the Probate Court,
| if possible, to have it abolished; but that
Court seems to be so much in favor with the
people, because of its general convenience and
accessibility, that it will be hardly possible
to overthrow it.
| A very respectable portion of the Conven-
tion are favorable to the County Court sys-
tenn, which is a Court having the general jur-
| isdiction now had in the Common Pleas and
Probate Court-one Court answering the
present Probate and Common Pleas Courts
The principal objection to this is, that on the
one hand the character of the Common Pleas
is lowered, and on the other that the con-
venienee of the Probate is taken away
One of the great questions of the Convention
Il
which is the system by which minority party
can always have share of the offices. There
are several theories for this end, but two only
of which are considered practicable. The first
is, the restrictive voting system.
By this system the elector is not permitted
to vote for all the officers to be elected.
can only be applied when there are two O
more candidates to be elected to the SAM
office (and this is true of all the systems fo
this purPose.) If there are two persons to b
elected to the same office by this system, tn
eleetor can only vote for one of them, so tina
eaeh party can thereby certainly elect one.
there three to elect, the eleetor is restricted
: to voting for but two, this certainly securing
to the minority one. And if more than fou
are to be elected, the elector can vote for onll
a majority or the number to be elected, &c.
The second plan is, ''The cumulative or fre
voting system" By this plan the elector MAJ
distribute his vote among the candidates,
there are two or more to be elected. h
pleases. To illustrate, suppose there are TIVE
to be elected to the same office, the eleetor ma
vote for two candidates one vote each, or maj
vote two votes for one candidate. So. if ther
: L l.
the elector could vote vote for five differen
persons, or five votes for one person, or thre
votes for one, and two votes for another, or q
votes for each of two, or divide his votes u
2 in any manner he chose, so he got in his fy
. votes
Suppose you wish to elect board of Towr
. ship Trustees or County Commissioners, b
the restrictive system, no electOr could vol
, for more than two ofthem so that the politics
. party that was in the minority could elect 1
;. least one of them.
This system does not give to them the rigl
? ? to vote en- all the persons to be elected, and i
. to some extent, q restraint on his freedom
- choice.
# By the cumulative system, the elector is fir
to vote for three members of the board, beir
. one vote for each, or he may vote three vot
cr for one candI date, or he may vote two Yot
q for one, and one vote for another, or he ms
q. vote a vote and half for each of the tv
! candidates. By this system, well Il
n other, the minority is certain of electing o.
at or more of the board. The argument in fav
of this new plan is to insure proportional re
= resentation of minorities in all political bodI
re or local boards, as in Legislative bodie
ID Boards of County Commissioners, Townsh
n Trustees, Town Councils, &c.
.?1 There is strong element of strength
IS favor of the cumulative or free voting systel
to manifest in the Convention, but think VII
ld ever may be done in reference to the matte
We will be submitted to the people in seperate
I'd ticle. 1t is q new doctrine, and ought to
we'll considered before making it part of t
d. Constitution. l think the better course wou
be to leave the matter in the hands of the &c
its eral Assembly, SO that it may be changed
necessity may require, or the wishes of t
people indicate. e
q The Asiatic Plague at NIemph
al MEMPHIS, June 1O.-The choIery
on undoubtedly increasing. The inte
lat ments day were Is, against II ye
ed terday, while the undertakers had !
ed ceived at six O'Clock ordes for fourte
nv tomorrow. The weather con tint
mt cloudy, hot and sultry. Hon. Jac
IN, Thompson, Secretary of the Inter-