The Blackfoot optimist., 1916-12-07
York, with 250,935 more popular votes
than were cast for Hayes, lost the
election by a single electoral vote.

York, with 25O,935 more popular votes
than were east for Hayes, lost the
election by a single electoral vote.
Fortunately the trainers of the con-
stitution made that instrument elastic,
for it was not their expectation
that the people should have a direct
voice even in the choice Of the presi-
Dental electors who were to choose
the president, way was found under
the Constitution to give expression to
the popular will. The Constitution
merely provides that "each state shall
appoint in such manner as the leg
islature thereof may direct, number Of
electors equal to the whole number Of
senators and representatives to which
the state may be entitled in the con-
gress."
For q quarter Of century after the
adoption Of the Constitution the
electors in majority Of the states
were chosen by the legislatures. Prior
to 1928 the popular vote for president
was meager and had little weight in
determining the contests.
Even now the popular will has no
legal standing and is only morally
binding. If the presidential electors Of
this state, for illustration, should
choose to vote for Washington = seven
electoral votes for Hughes they would
have to be counted for Hughes. Under
the Constitution that would be the
lawful privilege of the electors, and it
was, indeed, the original intent Of the
Constitution that the presidential elect.
Ors should be free agents in the election
of the president.
But in fact and practice the moral
obligation of presidential elector to
vote for the candidate preferred by a
majority Or plurality Of the voters in
his state is as binding as If it were
Reinforced by legal chains. An elector
who might violate his party trust by
voting for the opposition candidate for
president would find himself execrated
by men and women Of all parties.
i Yet political parties are given no
recognition in the Constitution. They
were an aftergrowth, and Washington
observed with alarm their coming into
political power in the young republic,
and solemnly warned his coYntrymen
against the dangers Of partisanship.
Manifestations of public sentiment
toward Senator Chamberlain 8 proposed
constitutional amendment will be watch
ed with interest. So far the weight Of
Authoritative judgment has been on the
side of retaining the presidential elec-
toral system. In times past it has ex-
erted wholesome restraining influence
against election frauds. Under it there
was no incentive to rolling up abnormal
or fraudulent majorities in those states
where the election machinery was in
the hands of radical or unscrupulous
partisans. The vote Of Texas, for ex.
ample, counts as heavily for the demo.
cratic candidate for president with 50,.
900 plurality as it would with 250,000,
but if the electoral system should be
abolished sharp incentive would be
given to the Texas democracy to roll
up the biggest possible plurality for the
Democratic nominee.
In the days when ballot box stuffing
was both a northern and southern crime
it would have been perilous to throw
the election Of president open to
competitive fraud in states of intense
partisan passion. With the adoption of
the Australian ballot and the growth
of higher standards of political opinion
and practice that danger would now be
80 great as it was 20 or 80 years ago.