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(Cumulative voting.)

it will cumulate its vote upon one-third the number of representatives to be chosen; where parties are nearly equal in strength in a state, the weaker one will cumulate its vote upon one-half the number of persons to be chosen, or within one of that number; where a party has a small majority in a state, and particularly where it is increasing in numbers, it will cumulate its vote upon one or two more than one-half the number of candidates; and finally, in states with large delegations, a party with so small a vote as one-fourth or one-fifth the whole number, will cumulate its vote upon the small number of one, two, three or more representatives, according to the proportion which its vote shall bear to the total vote of the state. The due working of the plan is secured by the selfish interests with which it deals, and it is a matter of congratulation that, under it, the very efforts of parties to secure power for themselves, will result in justice, that is, in the division of power between them according to their respective numbers.

It is idle to say, that voting in the great states will be confused and uncertain; on the contrary, it will run according to party organization, at all times, and will adjust itself, naturally and inevitably, to all changes of opinion and organization in the political body; and as political parties constantly divide society into parts, the relative strength of which can, at any time, be approximately stated, there need be no uncertainty nor confusion in the polling of votes. Even in times of transition and change, when popular power is departing from one party and attaching itself to another, or when some third party takes ground upon a particular issue, or faction diverts a fragmentary vote from a great party, the amount of disturbance, and consequent uncertainty produced, will not be considerable, and can be readily estimated, for all practical purposes, in fixing the number of candidates which any party shall support. The merit or practicability of a rule of elections is not to be judged upon a supposition which

(Cumulative voting.)

is unlikely or exceptional; but even in the cases supposed, the elements of error and mistake will be reduced to their smallest possible quantity. Where the relative strength of parties is uncertain, that is, cannot be exactly known or estimated, or where the boundary of power between them is near the dividing line between ratios of representation, it will rarely happen, that a mistake will be made beyond the extent of one member, and the general result for the state will be but slightly disturbed.

The argument for reform may be summed up in a few words; by it we will obtain cheap elections, just representation, and contentment among the people; by it we will also secure able men in the people's house; by it our political system will be invigorated and purified; by it our country will "take a bond of the future," that our government shall be a blessing and not a curse; that our prosperity shall be enduring; that our free institutions "shall not perish from the face of the earth."

The state of Pennsylvania has recently legalized the cumulative or free vote in the election of members of town councils, by the acts of 4th March 1870 and 2d June 1871. Purd. Dig. 1647.



to petition, form of, 538.

by whom administered, 544.


to petition, when allowed, 337, 349, 353, 477.
requisites of, 337, 349, 477.

of answer, not granted during the hearing, 349, 477.

not allowed by legislative committee, 350.

not reviewable in appellate court, 538, 548.


in contested election case, 538, 555-7.
what questions may be reviewed, 538.


privilege of electors from, 277.
and of election officers, 280.


if the law require the election to be by, vivâ voce
votes are void, 126.


definition of, 37.

nature of, 86.


not allowed in contested election cases, 467.


nature of, 41.

controlled by the constitution proper, 41.


right of, only determinable in quo warranto, 455
vacancy, how filled, 455.

nature of borough election, 457.


of elector, not an infamous crime, 134.


history of the, 641.


power to make, incident to corporations, 20.


duties of, ministerial, 261, 300, 305-6, 434.
have no judicial power, 300.

returns, when conclusive on, 423.


right of returning officer to give, 286.


of election, not conclusive, on trial of contested elec-
tion, 258, 320, 435.

will not be enjoined, though founded on fraudulent
returns, 314.

can only be impeached by a direct proceeding, 314,

is primâ facie evidence of title, 632.


effect of, in contested election case, 538, 577.
what reviewable on, 538.


privileges and immunities of, 38.


construction of, 291.

does not confer title, 302, 581.

cannot be recalled, unless vacated by judicial decision,


use of, if issued pending a contest, will be enjoined,


effect of, 581.


when valid, 16.


when illegal, under the election laws, 612.


the people have no legislative power in their primary
assemblies, 3, 24.

legislative power cannot be delegated, 3, 24.

laws that violate the principles of the constitution
are not valid, 5, 25.

legislature cannot add to the constitutional qualifica-
tions of electors, 44, 50.

registry laws, not unconstitutional, 51.

no person can be made to suffer for a criminal offence,
except by due process of law, 74.

construction of the federal constitution, 96.

taxes must be assessed on electors individually, 114.
disqualifications for office, 134.

meaning of provision that "elections shall be free
and equal," 50, 63, 176.

electors cannot be authorized to vote outside the dis-
trict of their residence, 214, 251.

construction of the state constitution, 231-4.

elector, by accepting office, may waive right of voting,

congress may punish fraudulent registration at con-
gressional election, 592.


must be determined on the merits, 270-4.
courts in determining, act judicially, 466.
practice in cases of, 466-7.

jurisdiction to try, when exclusive, 656.


powers of, not defined, 29, 32.


power of, to make ordinances, 20.


jurisdiction to punish for desertion, exclusively in, 78,


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