Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1891-01-02
Supreme Court Decisions.

The Michigan legislature OF 1889 enacted
law providing for cumulative voting for
representatives, To the state legislature in
districts where more than ono is 10 be
chosen. Under this statute the Republi-
cans Of the Detroit city district, which is
entitled 10 seven representatives, cumu-
lated their votes upon four candidates, and
the Republicans of Grand Rapids, which Is
entitled 70 two, cumulated their votes upon
one. In each case Democratic boards of
canvassers canvassed the cumulative ballots
as single vote and issued certificates OF
election to the Democratic candidates. +.
a. Maynard of Grand Rapids, the Repuli-
can candidate for whom tho cumulative
votes were cast, applied TO the supreme
court for mandamus to compel the board
| OF canvassers TO issue a certificate of cleo
ton to him. This has been denied in an
opinion which declared the law unconsti-
tutional.
After quoting from opinions of Justices
ChristiancY, Cooley and Campbell relative
70 the construction of the constitution, JUS
tice Champlain, who wrote the opir ion in
the case says there can DO no doubt Of the
unconstitutionality OF the act. The
foundation OF a representative form OF
government always has been that
every elector entitled 10 cast his ballot
stands upon complete political equality
with every other elector and that the ma
iority or plurality Of votes cast for any per-
son or measure must prevail. The consti-
tuition by implication forbids any elector
TO cast more than one vote for any candi-
date and it is not in the power Of the legis-
lature to give to the choice Of an elector
more than a single expression. The decision
concludes IF the people OF this state de-
sire to provide for some different means TO
secure minority representation tn IN that
which in a measure is secured by the single
district system under the present Constitu-
ton, they must do so through an amen J.
ment to that instrument by which a propo-
sition so vitality interesting 10 them may DO
passed upon by the popular vote but it is
to be hoped that when a plan is submitted
TO them it will not be the system Of cumu-
lative voting which obtains such unequal
and unjust results, overturniug in many in
stances the VIII Of the majority. y
II proportional representation is desired the
Geneo or Gilpin plan approaches tho near
est TO exact justice, but every plan yet de-
vised is open to serious objection" The
opinion of the chief justice was coucurred
in by all the associate justices, save MIR.
The Supreme court affirmed the case of
Wellman VS.. Chicago 81 Grand Trunk rail-
way, thereby uphOlding the constitution
atty of the Chapman graded railway pls-
senger fare act of the last legislature II
III DO rememberel that under this law all
Michigan roads whose gross passenger earn
ings were 50. 900 per mile were lin ted to q
charge Of two cents per mile; those be-
tween 81, 900 and So, 900 TO two and one
half cents. and all others to three cents.
with special provisions for the upper PEN
| insula roads. The railroad company con-
tended that the legislature has no power to
prescribe absolutely a maximum rate for
| passenger fares. and that a railroad cor
poration is a common carrier, and the legis-
lature has no right to fix arbitrarily the
| limit of its charges. The opinion reviews
the opinions Of tho United States Supreme
court upon the right Of tho legislature itsolf
| TO determine the reasonableness of the
rates of which 1t may fix the maximum, and
continues that tho evident intention of the
| people in the constitutional enactments was
TO authorize the fixing OF reasonable maxi
mum rates exclusively by the legislature.
| All the justices concurre1.