Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-04-09

OF the mass convention recently held,
and asking, In effect, for my opinion
as to the proper mode Of voting for
city commissioners at the forthcoming
city election. In word, I take It,
you wish to know whether or not an
elector Is limited to one vote for each
commissioner to be elected, or he may
legally cast more than one vote and
not to exceed four tor single can
didate for commissioner. ,Fr.f. T.
The law to be considered in answer
to your inquiry is found in section Is
chapter As Of the laws Of 1907, and
reads as follows: Each voter shall
be allowed as many votes for the Of
flce of city commissioner as there are
commissioners to be elected, such
votes to be distributed among the can
didates as the voter shall see At, but
no voter shall be allowed to cast more
votes than candidates to be elected"
The question involved is solely as to
the constitutionality Of the above
quoted law, for think the intention
Of the legislature Is clearly expressed
In the act, that is, the legislative in
tent was to allow what Is known as
Cumulative voting" for the candi-
dates for city commissioners. II the
law is a valid one the views Of the
city attorney are right.
There has been q tendency during
the past thirty Or forty years at times
in various state legislatures to secure
to minorities q proportionate repre-
sentation in legislative and corporate
bodies. To bring about this condition
numerous schemes were attempted,
such as the restrictive" the Gen
eva'' or, "Gilpin" plan, the "Hare"
plan or Single vote" and the "Cumu-
lative" plan. The cumulative plan re-
quires two or three or more to be
elected and permits the elector to cast
as many votes as there are persons
to be elected and to distribute votes
among the candidates as the elector
may choose. The courts have held
that none Of these schemes were su-
sceptible Of accomplishing the result
desired, namely, q proportionate mi
nority representation, because the &C.
tual working effect of the cumulative
plan was to defeat and override the
will of an individual elector In such
case. but which do represent a legal
stufing of the ballot boxes with false
votes; the effect being in case # the
restrictive plan, to take away
constitution rights OF the elector. All
Of the original state constitutions pro-
vided that the elector may express his
will by casting one vote for an off,
Ger to be elected or on q proposition
submitted and no more. and by nee
essary implication forbid the casting
of more than one vote. This method
is the only way to express the will Of
the majority, and the majority rule
is the fundamental principle involved
in Republican or Democrat govern
ment, that is, a government by the
people. It Is declared in the text Of
the Am. and Eng. Encyclopaedia Of
Law Vol. 8, page 494, that the right to
cumuiate %ctes did not exist as CON-
mon law, nor does it now exist in
any case unless conferred by express
constitutional or, statutory provision.
Illinois is the only state in the Union
that permits cumulative voting for
public officers by constitutional pro-
vision; the. people included this feat
ure of voting In the constitution
adopted in 1870. The legislative en-
actments Of every other state that at
tempted to provide any scheme to
secure minority representation, indie
pendent of constitutional authorize
ton, have been held unconstitutional.
I'm michigan an act Of the legislature