Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-04-11
CUMULATIVE Voting
UNCONSTITUTIONAL
Attorney Phibrek Holds With Attorney General on Prop
ositon Of Voting at forthcoming Election
for City Commissioners
Act Of Legislature Providing for Cumulative Voting Would
According to Good Authority, Be De-
CIared Unconstitutional
Only Safe Way 10 Vote Is the Usual Way Under Austral
ian Ballot System .One Vote Only
for Each Cdnd ate

John F. Philbric'l was asked as to
his opinion Of the praper way Of cast
ing a ballot at the coming election OF
commissioners in this city and from
the letter he wro:e it will be seen that
he is Of the opinion that there is but
ore safe wa to vote. and that is to
cast one ballot for each man you wish
to see placed in Office
The communication follows:
Bismarck, N. D., April 3, 1909.
john F.. Philbrick, Esq, Bismarck, N.
Dakota.
Dear Sir: I notice by the Tribune,
dated March "a, 1909, reporting the
proceedings Of the mass convention,
the following: 1.-THE mayor stated
that opinions as to the methods of
voting had been secured from City
Attorney Register, and from Assistant
Attorney General Zuger, which were
read by City Auditor Young. The
city attorney holds that voters will
have the privilege of casting one vote
for the president Of the commission
and four or less votes for. one or more
members Of the commission. Thus.
If the voter wishes he. can cast one
vote for the president and four votes
for any one candidate. or three votes
for one candidate and one for an
other, or two votes for two candidates.
The assistant attorney general held
that no one could vote more than one
vote for any one candidate. The
mayor announced that the style Of
voting advocated by the city attorney
would be the way It would be done
,~lA -
had the matter decided otherwise"
Since both of the opinions quoted
can not correctly state the law and as
no one has, taken steps to get 4 Ju-
dicial determination Of the question, I
wish you would advise me which. in
your opinion. ia right, the city attcr'
ney or the assistant attorney general.
Respectfully yours,
VIM. O'HARA.
Bismarck, N. D., April /, 1909.
VIM. O'Hara, Esq, Bismarck. N. D.
Dear Sir: Your letter of the 3rd
instant has been received, setting
forth q portion of the reported pro-
ceedings, by the Bismarck Tribune,
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, 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 for q single can
didate for commissioner.
The law to be considered In answer
to your inquiry is found in section Is
chapter IS of the laws of 1907, and
reads as follows: Each voter shall
be allowed as many votes for the Of
flee 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 valid one the views Of the
city attorney are right.
There has been a 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