Alma record. (Alma, Mich.) 1878-1928, 1891-01-02

THE SUPREME COURT DECLARES
AGAINST CUMULATIVE VOTING.
The TwO-Cent Railroad Mileage Bill
Sustained.
Remarks Accompanying the Learn
ed Judges Opinions.

The Michigan legislature OF 1889 enacted
law providing for cumulative voting for
representatives, TO the state legislature in
districts where more than one is TO be
! chosen. Under this statute the Rcpubli-
cans of the Detroit city district, which is
| entitled TO seven representatives, cumu-
lated their votes upon four candidates, and
the Republicans of Grand Rapids, which is
entitled 20 two, cumulated their votes upon
one. In each case Democratic boards OF
canvasscrs canvassed the cumulative ballots
as single vote and issued certificates OF
election TO the Democratic candidates. T..
"A. Maynard of Grand Rapids, the Repuli-
can candidate for whom the cumulative
votes were cast, applied to the supreme
court Tor mandamus To compel the board
or canyassers to issue certificate OF cleo
ton TO him. This has been denied in an
opinion which declared the law unconsti-
tutOnal.
After quoting from opinions of Justices
Christiancy, Cooley and Campbell relative
TO the construction Of the constitution, JUS
tice Champlain, who wrote the opinion in
the case says there can be no doubt of the
unconstitutonality OF the act. The
foundation Of representative form OF
government always has been that
every elector entitled 20 cast his ballot
stands upon complete political equality
with every other elector and that the ma
jority or plurality of votes cast for any per-
son on measure must prevail. The consti-
tuition by implication forbids any elector
10 cast more than one vote for any candi-
date and it is not in the power of the legis-
laturo 10 give 10 the choice Of an elector
more than a single expression. The decision
concludes : 'lf the people OF this state de-
sire 10 provide for some different means TO
secure minority representation than that
which in a measure is secured by the single
district system under the present constitu-
ton. they must do so through an amend
ment TO that instrument by which propo-
sition so vitality interesting TO them may be
passed upon by the popular vote, but it is
to be hoped that when plan is submitted
TO them it will not be the system Of cumu-
latiye voting which obtains such unequal
and unjust results, overturning in many in
stances the VIII Of the majority.
II proportional representation is desired the
Geneo or GUpin plan approaches the near
est to exact justice, but every plan yet de-
vised is open 10 serious objection" The
opinion of the chief justice was concurred
in by all the associate justices, save Mr..
Justice Cahill.
The Supreme court affirmed the case Of
Wellman VS.. Chicago Il Grand Trunk rail-
way, thereby upholding the constitution
atty Of the Chapman graded railway pas
senger fare act of the Last legislature, IL
VIII be remembered that under this law all
Michigan roads whose gross passenger earn
ings were 50, 600 per mile were limited to a
charge of two cents per mile; those be-
tween e., 900 and $4,000 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 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 the United States Supreme
court upon the right of the legislature itself
To determine the reasonableness of the
rates of which it may tx the maximum, and
continues that the evident intention of the
people in the constitutional enactments was
10 authorize the fixing of reasonable maxi
mum rates exclusively by the legislature
All the justices concurred.