'.4.773 .7?h 30RE HISTORY ) IMU- JIVE iTY REPRESENTAT ION IG70-!!C OF THE UNIVERSITY or ILLINOIS ILLINOIS HISTORICAL SI!VFY Js UNIVERSITY OF ILLINOIS STUDIES IN THE SOCIAL SCIENCES VOL. VIII Jr-NB, 1919 No. 2 THE HISTORY OF CUMULATIVE VOTING AND MINORITY REPRESENTATION IN ILLINOIS-, 1870-1919 BY BLAINE P. MOORE, PH.D. Associate Professor of Political Science University of Kansas REVISED EDITION PUBLISHED BY THE UNIVERSITY OF ILLINOIS \JRBANA [Entered as second class matter, July 27, 1915, at the post office at Urbana, Illinois, under the Act of August 24, 1912. Acceptance for mail- ing at the special rate of postage provided for in section 1103, Act of Oc- tober 3, 1917, authorized July 31, 1918.] UNIVERSITY OP ILLINOIS STUDIES IN THE SOCIAL SCIENCES The "University of Illinois Studies in the Social Sciences" are designed to afford a means of publishing monographs prepared by members of the faculty or graduate students in the departments of history, economics, political science, and sociology in the University of Illinois. Numbers are published quarterly, and constitute an annual volume of about 600 pages. The subscription price is three dollars a year. Vol. I, 1912 Nos. 1 and 2. Financial history of Ohio. By E. L. Bogart. $1.80. No. 3. Sources of municipal revenues in Illinois. By L. D. Upson. Out of print. No. 4. Friedrich Gentz: an opponent of the French Revolution and Na- poleon. By P. F. Reiff. 80 cents. Vol. II, 1913 No. 1. Taxation of corporations in Illinois, other than railroads, since 1872. By J. R. Moore. 55 cents. Nos. 2 and 3. The West in the diplomatic negotiations of the American Revolution. By P. C. Phillips. $1.25. No. 4. The development of banking in Illinois, 1817-1863. By Q. W. Dowrie. 90 cents. Vol. Ill, 1914 Nos. 1 and 2. The history of the general property tax in Illinois. By R. M. Haig. $1.25. No. 3. The Scandinavian element in the United States. By K. C. Bab- cock. Out of print. No. 4. Church and state in Massachusetts, 1691-1740. By Susan M. Reed. Out of print. Vol. IV, 1915 No. 1. The Illinois Whigs before 184(3. By C. M. Thompson. 95 cents. No. 2. The defeat of Varus and the German frontier policy of Augustus. By W. A. Oldfather and H. V. Canter. Out of print. Nos. 3 and 4. The history of the Illinois Central railroad to 1870. By H. G. Brownson. $1.25. Vol. V, 1916 No. 1. The enforcement of international law through municipal law In the United Stateg. By Philip Quincy Wright. $1.25. No. 2. The life of Jesse W. Fell. By Frances M. Morehouse. 60 cents. No. 3. Land tenure in the United States with special reference to Illinois. By Charles L. Stewart. 75 cents. No. 4. Mine taxation in the United States. By L. E. Young. $1.50. (Continued on page four of cover) UNIVERSITY OF ILLINOIS STUDIES IN THE SOCIAL SCIENCES VOL. VIII JUNE, 1919 No. 2 BOARD OF EDITORS : ERNEST L. BOGART JOHN A. FAIRLIE LAURENCE M. LARSON PUBLISHED BY THE UNIVERSITY OF ILLINOIS UNDER THE AUSPICES OF THE GRADUATE SCHOOL URBANA, ILLINOIS COPYRIGHT, 1920 BY THE UNIVERSITY OP ILLINOIS The History of Cumulative Voting and Minority Representation in Illinois, 1870-1919 BY ELAINE F. MOORE, PH.D. Associate Professor of Political Science University of Kansas REVISED EDITION PREFACE TO THE REVISED EDITION. The principal object of this revision has been to bring the statistical tables and current information up to date, with such changes and additions to the text as the modified tables and the passing of events since the original publication have made neces- sary or advisable. The enactment of a valid primary law by the State of Illinois in 1910 has presented a new question and a chapter has been included discussing the effect of the primary system as disclosed by its use over a period of five biennial elec- tions. The author is indebted to his colleague, Mr. Herman B. Chubb, who rendered material assistance in the revision. Dr. "W. F. Dodd has read the manuscript and made important sug- gestions, particularly regarding present local conditions in Illi- nois. The author is also under obligations to Miss Katherine Summy for assistance in proof reading. B. F. M. CONTENTS INTRODUCTION BY J. W. GARNER . . . . . . ..9 CHAPTER I NEW METHODS OF REPRESENTATION . 13 CHAPTER II ADOPTION OF THE CUMULATIVE SYSTEM IN ILLINOIS .... 24 CHAPTER III THE DEGREE OF MINORITY REPRESENTATION SECURED BY THE CUMULA- TIVE SYSTEM . . .... 28 CHAPTER IV PRIMARY LEGISLATION AND ITS EFFECT . . . i . . 43 CHAPTER V EFFECT ON PARTY ORGANIZATION . . . . ' . . . . 55 CHAPTER VI PRACTICAL DIFFICULTIES OF THE CUMULATIVE SYSTEM AND ITS EFFECT ON THE LEGISLATIVE PERSONNEL . . . . . . . 63 CHAPTER VII SUMMARY AND CONCLUSION . .... 68 INTBODUCTION BY JAMES "W. GARNER Professor of Political Science in the University of Illinois In the view of the early meeting of a Constitutional Conven- tion in Illinois and the certainty that the question whether the existing scheme of minority representation shall be retained will be the subject of much discussion in the Convention, the publication of a revised and up-to-date edition of Professor Moore's useful and impartial study of the actual working of the cumulative system from 1872 to 1919 is most timely. He sets forth the reasons which led the Convention of 1870 to estab- lish a system which departed from the practice of the rest of the oountry and has not yet found favor in any other state, examines the somewhat extravagant claims that were put forth in support of it by its advocates, and details the actual operation of the scheme, in an effort to show to what extent if any the advantages claimed for it have been realized in prac- tice. The results show that with a few exceptions the principal minority party in each of the legislative districts has been able to elect at least one of the three members of the house of rep- resentatives to which the district is entitled, there having been only six instances since 1872 in which one party succeeded in electing all three members. The system has therefore resulted in practice in enabling the chief minority party in the state to elect more than one-third of the members of the house of rep- resentatives. But as the author points out the system does not necessarily insure proportional representation; its advocates in fact did not claim that it would have this result. Nevertheless, so far as the two dominant parties are concerned, it has in prac- tice resulted in what amounts to a system of proportional rep- resentation approximating mathematical exactness. Since the senate is not elected according to the cumulative system and since 50 per cent of its members are always ''holdovers" it may 9 10 INTRODUCTION [152 and not infrequently does fall short of representing the pre- vailing political sentiment of the state at a given time. Thus in 1904-06 the principal minority party was represented in the senate by less than half the number of members it was entitled to on the basis of its vote at the last election. Mr. Moore also points out that the scheme does not insure proportional representation to minor political parties: the Socialists, Progressives, Prohibitionists and others. In fact, however, third parties have been represented in every legisla- ture since 1872, with six exceptions, though it has rarely been in proportion to their voting strength. While, as stated above, the principal minority party in each district has, with six exceptions since 1872, always succeeded in electing at least one of the three representatives, it has also hap- pened in 47 instances that it elected two of the three. In 1912 this occurred in eleven districts. Such slips of the cog may be due as the author shows to the over-conservatism of the majori- ty party or to inaccurate estimation of its voting strength which causes it to nominate but one candidate ; it may also result from over estimation of its voting strength which leads it to nominate three candidates. This usually results in the division of its vote to the advantage of the minority party if the latter puts only two candidates in the field. Finally, and this is the most common, it may result from excessive cumulating or "plump- ing" of votes on a popular candidate to the detriment of his party running mate, or from the "knifing" of a nominee from another county in favor of the home man. Since the publication of the first edition of Professor Moore's study the primary law has been enacted and he very properly adds a chapter to the new edition, showing how the working of the cumulative system has been affected by the law. This law empowers the senatorial committee in each district to determine the number of candidates that shall be nominated by the party which it represents whereas formerly the number was deter- mined by the party managers. Prior to the enactment of the primary law a standing complaint of reform organizations such as the Legislative Voters' League was that the majority party in each district rarely nominated more than two candidates and the minority not more than one. As no more candidates were nominated than there were representatives to be chosen the 153] INTRODUCTION 11 voter had little choice at the election. Since the enactment of the primary law there has been some increase in the number of candidates nominated (42 per cent of the Cook County districts have nominated four or more candidates; in 1918, 17 districts outside of Cook County did this) but the proportion is still com- paratively low so that in the majority of districts the voters still have no choice at the general election. This is regrettable, but as Professor Moore points out, where a party nominates more candidates than it can elect it will be exposed to defeat through a division of its voting strength. If each party for example were to nominate three candidates as the Legislative Voters' League advocated, the majority would probably elect all three members and the system of minority representation would break down. In his general evaluation of the merits and demerits of the sys- tem Professor Moore shows, as stated above, that it has with the few exceptions mentioned enabled the minority party to elect over one-third of tlhe members of the house, and in this re- spect it has fulfilled the main purpose of its sponsors. But there is no evidence that it has resulted in the election of representa- tives of greater ability or larger breadth of view than were elec- ted under the old system prior to 1870 or are now elected in other states. Apart therefore from the advantage of insuring that the leading minority party be represented by a certain number of its own adherents the system does not appear to pos- sess any particular merit, if one considers only the intrinsic character of the legislature and the general interests of the state which it is intended to serve. The most serious defect of the system is to be found in the fact that it has in some cases resulted in the election of a house of representatives in which no political party had a major- ity. In such a house no party possesses power or responsibility ; party strife is accentuated; paralysis is apt to characterize the proceedings and the output of constructive legislation is likely to be disappointing. Furthermore, it sometimes results under the cumulative sys- tem that the party which elects the governor has only a small majority of the representatives. Under these circumstances a few members may hold the balance of power, and the governor may find it impossible to carry out the legislative program 12 INTRODUCTION . [154 upon which he may have made his campaign and which may have received the endorsement of the majority of the voters. To be sure this situation may, and sometimes does, happen in other states where the cumulative system is not in force, but it has happened more frequently in Illinois in recent years than elsewhere. On the whole, a study of the results, and they have been set forth by Professor Moore in a fair and judicial manner, does not quite convince one that the system is superior, if the general in- terests of the state as a whole be considered, to that of the other states. Certainly many of the advantages claimed for it in the beginning by its advocates have not been realized in fact, and it is doubtful whether the advantages that have been realized have not often been offset by the disadvantages. CHAPTER I NEW METHODS OF REPRESENTATION Elections by pluralities and the failure of large groups in each community to obtain representation in the government have led to the proposal of numerous remedies, the principal of which are indicated briefly below. (1) When but one officer is to be elected, plans of preferen- tial voting have been proposed whereby the voter may express his second or further choices. Thus, when there is but one official to be elected and three candidates, no one of the three may have a majority, and the expression of second and third choices may indicate an actual choice of the majority of the voters. Let us suppose that A has 400 votes, B, 300 votes and C, 300 votes. If A is declared elected upon the basis of this vote he is clearly a minority choice whereas 600 voters may pre- fer either B or C to A. The expression and count of a second choice does, it is claimed, produce a better representation of public sentiment and preferential voting of this character has been adopted in many parts of the world. There are a number of methods of counting second, third or further choices, of which the best known in this country (and perhaps the least satisfac- tory) is the so-called Bucklin system, first applied in Grand Junction, Colo., and now employed in Cleveland and other cities. (2) The limited vote. Where there are three or more per- sons to be elected, this plan has occasionally been adopted. For example, if three candidates are to be elected, each voter will be given but two votes, and the majority party will thus be able to elect only two candidates, if the minority party is fairly strong and is well-disciplined. Such a plan will normally give repre- sentation to the strongest minority party. For some years this plan was employed in the election of aldermen in New York City and in Boston and is also used in the election of judges in Penn- sylvania. . (3) Cumulative voting, of which the most striking example 13 14 CUMULATIVE VOTING AND MINORITY REPRESENTATION [156 is that of Illinois, to which this study is devoted. The cumula- tive voting system provided for by the Illinois constitution of 1870, applies to a district electing three members, and gives each voter three votes to cast three votes for one candidate, one and one-half votes each for two candidates, or one vote each for three candidates. (4) Proportional representation. The limited vote and cu- mulative voting obtain a representation of minorities, but strengthen the party organizations, and give representation or- dinarily to the two strongest parties only. The ideal of propor- tional representation is that representation shall, as nearly as possible, be in mathematical proportion to the votes cast by each separate group or party. If a district elects only three repre- sentatives, this limitation of number means necessarily that at most only three groups of voters can be represented, and that usually under almost any system, only the two stronger will have representation. Proportional representation therefore requires larger districts, each electing a greater number of persons. Sup- pose for example, a district which has 70,000 voters and elects 7 members. A mathematical distribution of the votes of the seven members might be as follows: Kepublicans 30,000 votes 3 members Democrats 20,000 votes 2 members Progressives 10,000 votes 1 member Socialists 10,000 votes 1 member Even with larger districts and with a scheme that will count every vote effectively, exact mathematical results will, of course, not be obtained, but the result will be more nearly accurate than under cumulative voting. The several plans of proportional representation involve a considerable amount of technicality, though the actual opera- tion of the several systems is not particularly complex. The two plans most discussed are (1) the single transferable vote and (2) the list system. Under the single transferable vote system, the voter votes for but one candidate, no matter how many candidates are to be elected, but expresses also his second, third or fourth choices. If the candidate for whom he votes has more than enough votes to be elected, the surplus votes are transferred, in order of the choice expressed, to some other 157] NEW METHODS OP REPRESENTATION 15 candidate who has not sufficient votes; in this manner the loss of votes is reduced to the minimum. Under the single trans- ferable vote system there are several methods of counting, the best known of which was devised by Thomas Hare. Under this scheme parties follow the usual custom of designating candi- dates, but independent candidates may also be freely nom- inated. 1 The list system is best known through its use in Belgium. The system, as used in that country, involves the presentation of a list of candidates by each party, the voter then casting his ballot for the list and he may also express his preference among the candidates on the list. Each party obtains a number of seats in proportion to the votes cast for its list. The party arranges the order of the names on the list and the seats appor- tioned to each party go to the candidates in this order, unless the voters have expressed a different preference. Under the Belgian system the party thus not only designates the candidates but normally also determines the order in which they shall be declared elected. Other countries, while using the list system in its essentials as described above, have varied it in details. The variations are usually designed to lessen party control and give the voter a wider freedom of choice. Above are described the principal methods which have been used at various times in attempts to secure a fairer representa- tion in government councils than is afforded by the ordinary plurality method of election. A considerable number of other schemes have been applied but usually they are fundamentally based on some of the principles indicated above though they vary somewhat widely in details. The founders of the American Republic were thoroughly imbued with the spirit of equal political rights to all, but in a country so extensive and populous as the United States, direct participation in government by each citizen was obviously im- possible. To avoid this difficulty and yet apply the theory to a practical government a representative democracy was formed. i For a judicial discussion of the constitutional aspects of preferential voting see Brown v. Smallwood, 130 Minn., 492, and cases cited therein; for a different view see Orpen v. Watson, 87 N. J. Law, 69. 16 CUMULATIVE VOTING AND MINORITY REPRESENTATION [158 It was soon apparent, however, that the scheme adopted se- cured only partial representation inasmuch as officials were sometimes elected by an actual minority of the voters and con- sequently large classes had no authorized agent in the legisla- tive councils. The movement for representative reform was not accidental but was the logical result of prevailing conditions and theories. During the first half of the nineteenth century the various states occupied themselves with liberalizing their governments and properly distributing political power among the legislative, ju- dicial and executive departments. When this was accomplished to some degree of satisfaction their attention was next turned to securing better representation for minority parties and fac- tions which had greatly increased because of the wide exten- sion of the elective franchise about the middle of the last cen- tury. In England there was a particular reason for advocating proportional representation, for when the number of voters was largely augmented in 1867, the aristocratic and landed classes feared that they would be entirely excluded from representa- tion in the government unless some form of minority represen- tation should be provided. The political leaders, however, were soon convinced that they had nothing to fear, at that time, from the newly made voters and consequently lost interest in the reform. While active agitation for representative reform began about 1865, its origin can be traced farther back. In 1814 Norway made some provisions in its constitution for the representation of minority parties. During the discussion on the Reform Bill in England in 1832, minority representation was considered but received no legal recognition. In the United States some of the states, where the general ticket plan of election prevailed, were sending single party delegations to Congress, and in 1842 that body directed that Representatives in Congress should be elec- ted by the district method, thus insuring better representation for both parties and localities. In 1845 the Danish government adopted a plan of proportional representation. The year 1844 marks the beginning of a permanent literature and systematic study of the subject. In that year appeared Thomas Gilpin's work entitled: "On the Representation of Mi- norities of Electors to Act with the Majority in Elected Assem- 159] NEW METHODS OF REPRESENTATION 17 blies," but the volume attracted little attention at the time of its publication. Ten years later James Garth Marshall published his "Majorities and Minorities: Their Relative Rights," a book which contained the first printed account of the cumulative vote. In 1859 Thomas Hare produced his noted volume, "The Election of Representatives, Parliamentary and Municipal." John Stuart Mill became an advocate of representative reform in 1865 and popular interest in the scheme was now fairly well started. In England the discussion crystallized into law in 1867 when the limited vote was adopted for parliamentary districts re- turning three members. In 1870 the members of the English school boards were elected by the cumulative vote. The number of places to be filled was comparatively large, sometimes as many as fifteen, and the voters manipulated their ballots to suit their individual tastes, which inevitably resulted in con- fusion and inequalities. In the United States, during the period of the bitter struggle in Congress following the Civil War, the need of representative reform became evident, for not only was the Congress then sitting representative of only one section of the country but fresh in the minds of the people was the mem- ory of a great war, hastened, if not brought on, by the action of the governing bodies in which the radicals of both sections predominated to the exclusion of a large body of conservatives. In 1867 2 and 1869 3 Mr. Buckalew of Pennsylvania proposed in the Senate of the United States that the cumulative vote be applied to the election of Representatives in Congress. In 1870 * and again in 1871 5 the subject was debated in Congress, but this body was not inclined to make concessions to the Demo- cratic minority. Although the various representative reform bills failed in Congress more success was attained in the states. In 1867 New York used the limited vote in the election of delegates to a constitutional convention. 6 A clause providing for minority representation in the state legislature was incorporated in the 2 Congressional Globe, 40th Congress, 1st Session, 513. 3 Congressional Globe, 40th Congress, 3rd Session, 320. * Congressional Globe, 41st Congress, 2nd Session, 4735, et seq, s Congressional Globe, 42nd Congress, 2nd Session, 63, 110. e Session Laws, 1867; Ch. 194, 286. 18 CUMULATIVE VOTING AND MINORITY REPRESENTATION [160 Illinois constitution of 1870. The cumulative vote was applied to municipal elections in Pennsylvania in 1871 7 and to Wil- mington, North Carolina, in 1872, 8 but in both cases the laws authorizing this were soon repealed. In the latter year, in an attempt to break the power of Tammany, the cumulative vote was provided for in a new charter for the city of New York, but the Governor interposed his veto. 9 Pennsylvania applied the limited vote in 1873 to the election of certain judicial officers. By constitutional provisions the cumulative vote has been ap- plied to the election of directors in private corporations in eleven states. 10 Popular interest in the reform waned after 1875 and for some years it made but little progress. Later, however, in- terest in the question revived both in the United States and in foreign countries and more recently slow but continued ad- vance has been made. Ohio " in 1884 and Michigan 12 in 1889 made a limited application of the principle of minority repre- sentation, but in both cases the statutes applying the theory were held to be unconstitutional. 13 In 1891 South Dakota re- jected a proposed constitutional amendment providing for mi- nority representation in the Legislature. About the same time several of the Swiss cantons provided for proportional repre- sentation, and in 1899 Belgium adopted a modification of the Swiss plan for the election of members to the lower house of the national Legislature. In 1900 Japan provided for the elec- tion of members to the popular branch of parliament by a pro- portional representation scheme of the single non-transferable vote type. During the last decade the movement for a more representa- " Session Laws, 1871, 283. s Private Laws, Session 1871-72, 139. 9 Public Papers of Governor John, T. Hoffman, 353; also Journal of the Assembly, New York, 1872, Vol. 2, 1596. This message discusses at con- siderable length the advantages and disadvantages of minority representa- tion. 10 111., Neb., Gal., Pa., W. Va., Miss., Idaho, Ky., N. Dak., Montana, Mo. Commons, "Proportional ^Representation. " 11 Session Laws, 1884, 121. 12 Session Laws, 1889, 374. is State v. Constantine, 42 Ohio, 437; Maynard v. Board of Commission- ers, 84 Michigan, 228. 161] NEW METHODS OF REPRESENTATION 19 tive system of electing members of deliberate bodies has made considerable progress. In several instances countries have ex- perimented with the idea of proportional representation in a restricted manner, as for example, electing a limited number of representatives under the system rather than applying the prin- ciple to the whole legislative body. In 1906 provision was made to elect the Finnish Diet by proportional representation, but later this was interfered with by Eussia. In 1908 a statute was enacted providing for the election of councilmen in the Danish cities on the proportional basis, and in 1915 a law was passed providing for a system of proportional representation for parliamentary elections which is combined with a system of single member districts. The first election under the system was held in April, 1918. 14 In 1909 Tasmania made general what had previously been applied only partially and provided for the election of all mem- bers of Parliament by a proportional scheme. In the same year Sweden arranged for the election of members of both houses of Parliament and the committees of those houses by the list system ; a similiar plan was also applied to the election of mem- bers of the county and municipal councils. Likewise in 1909 South Africa applied the proportional representation idea to the election of members of the Senate and also to the elections in a limited number of local political units. In 1913 the Chinese Parliament was elected by a rather crude system of proportional representation. Two years later New Zea- land provided for the election of the legislative council by a pro- portional representation scheme, and also made the plan optional with the cities for the election of local officials. The Russian constituent assembly, chosen in 1917, was elected on a proportional basis. The same year Holland adopted the recommendation of a commission appointed to report on the sub- ject, and provided for the election of the lower house of Parlia- ment and for the provincial and municipal councils by a scheme of proportional representation based on the Hare system. In 1918 the lower house of the New South Wales legislature was chosen on a proportional basis. Proportional representation is 14 The system and the results under the first election are explained in the American- Political Science Review for November, 1919. 20 CUMULATIVE VOTING AND MINORITY REPRESENTATION [162 provided for in the new constitutions of Germany, Czecho-Slo- vakia and Poland. In 1919 the French Parliament after long discussion of the subject and much agitation throughout the country enacted a law providing for a system of proportional representation in the Chamber of Deputies. Hereafter every department will choose as many deputies as it has multiples of 75,000 inhabi- tants of French nationality. Remainders in excess of 37,500 will choose an additional deputy. Departments whose popula- tion entitle them to more than six deputies will be divided into sections each of which will elect three deputies according to the list system. The first elections under the new law take place in November, 1919. In England in recent years the question of representative re- form has also been attracting attention. In 1906, in response to an address, a report was made by the Foreign Office to the House of Commons indicating what representative reforms had been made, or were in the process of being carried out, in various foreign countries. At the close of 1908 a Royal Commission was appointed to investigate the various schemes adopted or pro- posed in order to secure a fully representative character for popularly elected legislative bodies and to consider to what extent these systems might be applicable to the English elector- ate. This Commission conducted quite an elaborate investiga- tion. Because of the peculiar political conditions and traditions of England this Commission was unable to recommend for pre- sent adoption the transferable vote system for the election of pol- itical officers. The Commission, however, did recommend the use of the alternative vote in those constituencies returning more than two members. In 1910 Parliament passed an act authorizing all English and Welsh cities, at their option, to apply the proportional repre- sentation scheme in the election of local officials. In the Home Rule Bill for Ireland, passed in 1914, proportional representa- tion was provided for the Senate, as soon as popular elections should begin, and for 31 constituencies returning three or more members to the lower house. In 1918 "The Representation of the People Act," passed by Parliament, provided that the eleven University members of the 163] NEW METHODS OF REPRESENTATION 21 House of Commons should be elected by the Hare System of proportional representation. The act also provided for the appointment of commissioners to prepare a scheme for the elec- tion of 100 members of the Commons on the principle of pro- portional representation for those constituencies returning three or more members. This commission was duly appointed and in a report rendered a short time later recommended that propor- tional representation be applied in certain districts, but did not propose any definite plan, and none has as yet been adopted. In the United States representative reform has also recently received a considerable amount of attention, mainly in the cities, and the idea has made no very definite progress in any political unit of a larger nature. However, in 1917, Congress arranged for a mild form of proportional representation in Porto Eico. In an act passed in March 15 of that year it is provided that five of a total of nineteen Senators shall be elected at large, each voter to have one vote and the five candidates receiving the high- est number to be declared elected. The act also provides that four representatives out of a total of thirty-nine are to be elec- ted at large by the same scheme. The civic awakening in American cities since the beginning of this century which has resulted in various changes in the structure of municipal government, such as the commission plan in varying forms and the more recent city manager, has also brought with it serious consideration of representative re- form. While the latter has been discussed in a considerable number of instances in connection with municipal reforms, in but a few cases up to the present has proportional representa- tion been actually adopted. In 1915 Ashtabula, Ohio, adopted a charter which provided for the election of a council of seven at large from the city by proportional representation, using the quota system. The first election under this charter was held in November, 1915. There were fourteen candidates for the seven places and 3,334 ballots were cast. Practical difficulties in counting the votes under this system did not seem to appear and the council elected was of a representative character. The second election was held in No- vember, 1917, and the immediate results seem to be satisfactory. is If. S. Statutes at Large, Vol. 39, 959. 22 CUMULATIVE VOTING AND MINORITY REPRESENTATION [164 Boulder, Colorado, a city with a population of about 12,000, adopted in the latter part of 1917 a new charter providing for a council of nine members, three to be chosen every two years and each group of three to be elected by the Hare system of proportional representation. One election has been held under this charter, and no practical difficulties seem to have been en- encountered in either casting or counting the votes. In the early part of 1918, Kalamazoo, Michigan, adopted a charter which provides for a city council of seven members to be elected at large under the Hare system of proportional repre- sentation. At the first election held under the new charter, twenty-three candidates appeared. Unfortunately issues other than local become involved. The election was held during war times and questions of loyalty were injected into the campaign. One candidate classed as a socialist and radical was bitterly at- tacked. Nevertheless he was elected, and this at the time caused considerable dissatisfaction and adverse criticism on the part of certain classes. However, the fact that such a candidate could be elected under the circumstances is a good proof of the repre- sentative results secured by the system, as a limited number of voters, which otherwise would have been hopelessly outnumbered, were able to select the candidate of their choice. That a theory which contains so much inherent justice has failed to receive wider application is due to a variety of causes, the most important of which are the practical defects of the vari- ous plans tried and the failure to protect them from abuse. Moreover, the enactment of such a law involves giving large power to an opposing minority and such self-sacrifices are not common in the history of political parties. Since the adoption of the proportional representation scheme by the cities of this country has been so recent, it is as yet im- possible to ascertain with any certainty the merits of the plan as determined by actual tests in the municipalities. In two states, however, Illinois and Pennsylvania, minority representa- tion has extended over a period of time sufficiently long to afford it an opportunity to work out logical results. The con- stitution of Pennsylvania, in a special provision for Philadelphia, provides that in the election of city magistrates, "No voter shall vote for more than two-thirds of the number of persons 165] NEW METHODS OF REPRESENTATION 23 to be elected when more than one are to be chosen. ' ' 1G The constitution also states that "Whenever two judges of the su- preme court are to be chosen for the same time of service, each voter shall vote for one only, and when there are three to be chosen he shall vote for no more than two." 17 Although ex- cellent judges have generally been chosen, yet the limited vote seems to be regarded as a useless complication and will probably be dropped at the first opportunity. i Constitution of 1873, Art. 5, Sec. 12. IT Constitution of 1873, Art. 5, Sec. 16. CHAPTER II ADOPTION OF THE CUMULATIVE SYSTEM IN ILLINOIS In Illinois the defects of the second constitution, especially the legislative provisions, were constantly becoming more ap- parent to political leaders, and in 1862 an unsuccessful attempt was made to remodel the organic law of the state. 1 As soon as the Civil War was over constitutional reform was again con- sidered, and the question of calling a convention was referred to the people for decision. Although there was practically no opposition the indifference was so great that the proposition was carried by a very small majority. Delegates were duly elected and the convention met December 13, 1869. The assembly was probably the ablest body that ever met in the state, a large num- ber of the members having had extensive experience in public affairs. The first week was consumed in organizing and on De- cember 20th the standing committees were announced. 2 One of these was designated as the Committee on Electoral and Re- presentative Reform, Joseph Medill of Chicago being chairman. The fact that this committee included some of the best known and ablest men in the assembly shows how important the con- vention considered the need of representative reform. The peo- ple at large, however, judging from the small number of peti- tions sent in to the committee, took but little interest in the sub- ject. A few petitions proposing various plans of proportional re- presentation were received, and at least one remonstrance against the adoption of any such innovation was presented. 3 On February 10, 1870, the committee made a report em- bodied in five sections. The first provides for the ratio of sen- atorial representation; the second, that three times the number required for a senatorial ratio should constitute a senatorial i See O. M. Dickerson, ' < The Constitution of 1862, ' ' University of Illi- nois Studies, Vol. 1, No. 9. - Debates and Proceedings, Constitutional Convention, Vol. 1, 75. s Ibid., 703. 24 167] ADOPTION OF THE CUMULATIVE SYSTEM 25 district, each of which should choose three senators. Similiar provisions are made for representatives and representative dis- tricts. Sections three and four are "floater" clauses, providing that in case any district should have a fraction of population above the ratio so large that being multiplied by the number of regular sessions of the legislature in a decade the result should be equal to one or more ratios, that district should elect an extra representative or senator in those years in which the frac- tion so multiplied would produce a whole ratio. The fifth section states that "In all elections of Senators and Representatives each qualified voter shall be entitled to as many votes as there are Senators or Representatives to be elected by the same constituency and may distribute them (or equal fractions thereof), equally or unequally among the candidates or concen- trate them upon one, at his option ; and the candidate highest in votes shall be declared elected. ' ' 4 The committee's recommendations were taken up in the con- vention on May 6th and the chairman then offered a substitute for the previous report. This substitute is much shorter than the original provision and consists of but three sections. The first provides that the apportionment for the Senate shall be made every ten years, beginning with 1871 ; the second, that the House of Representatives shall consist of three times the number of the members of the Senate, and that three Representatives shall be elected in each senatorial district. Section three contains the cumulative voting provision and is as follows: "In all elections of Representatives aforesaid each qualified voter may cast as many votes for one candidate as there are Representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates as he may see fit; and the candidate highest in votes shall be declared elected." 5 The report also recommended that these sections be submitted to the people as a distinct proposition, separate from the main body of the constitution, for their rejection or approval. It will be seen from the above that cumulative voting was to be restricted to election of members of the lower house of the * Debates and Proceedings, Constitutional Convention, Vol. 1, 561. s Ibid., Vol. 2, 1726 26 CUMULATIVE VOTING AND MINORITY REPRESENTATION [168 legislature instead of applying to both houses as in the original report. Also the "floater" idea was entirely abandoned. The argument accompanying the report is a summary of the theories of the times regarding minority representation. The first part is devoted to a review of the general theory of the subject, pointing out the injustice and inequalities of the usual majority rule and showing how unrepresentative most delibera- tive bodies really are. An argument is then presented for the particular system recommended. It is asserted that obviously single member districts could give no opportunity for anything but majority rule, while two member districts might easily afford the minority undue power, hence the smallest district that would make minority representation possible is a three-member one. The districts should be as small as possible consistent with the ends sought, so as to make the members representative of lo- calities and also do as little violence as possible to existing cus- toms. The argument which applies especially to local conditions and at the time the most effective one in the entire report, is that referring to sectional representation. It is stated that since 1854, with few exceptions, all the senators and representa- tives in the northern half of Illinois had been of one political party, while the legislators from the other half of the state, with equally few exceptions, had been of the opposing party. In round numbers, 100,000 Republicans living south of the state capital had been practically disfranchised and almost as many Democrats in the northern districts had suffered from the same discrimination. It is pointed out that if alternate districts throughout the state were Republican and Democratic, condi- tions would not be so bad as where an entire section was wholly under the domination of one or the other party, but such was distinctly not the case. An examination of statistics showed also that in the previous legislature a minority of electors had elected a majority of representatives in that body. The freedom and power of the voter is also emphasized in the report. Under the ordinary election method, when more than one official is to be chosen for an office, if a voter objects to any one candidate, and refuses to vote for him, he simply loses a portion of his privilege. Under the cumulative method, 169] ADOPTION OF THE CUMULATIVE SYSTEM 27 or "free ballot," as it was called, he may transfer his entire vote to other candidates and hence lose nothing. The argument concludes with a glowing account of the benefits which would result from the proposed reform. "The adoption of this great reform would do much towards abating the baneful spirit of partisan animosity and removing the temptations and opportuni- ties which now exist for the corrupt use of money at elections. It will also tend powerfully to relieve the voter from the des- potism of party caucuses, and at the same time constrain party leaders to exercise more care in selecting candidates for law- makers. There is nothing which will more effectually put an end to packing conventions than arming the voter with the three- shooter or triple ballot, whereby he may fire 'plumpers' for the candidate of his choice and against those of his aversion. It will increase the usefulness of the legislature by improving the membership. It will enable the virtuous citizens to elect the ab- lest and purest men in their midst and secure to the legislative councils a large measure of popular confidence and respect. ' ' 6 After briefly considering the report, the convention, by a large majority, adopted all its sections, but as it was distinctly understood that this was simply referring the question to the people the vote did not necessarily reflect the sentiment of the convention, nor was there any debate on the subject which would indicate the individual opinions of the members. At the popular election the people, by 99,022 affirmative and 70,080 negative votes, adopted the scheme. The advocates of the meas- ure rejoiced that Illinois was thus the first state to inaugurate this democratic and beneficent reform in the choice and con- struction of the legislature, and was thus to stand as the pioneer m a movement which they thought would strengthen and purify our political system and which would eventually be universally applied. Across the Atlantic the "London Times," in its issue of January 13, 1870, in discussing the subject, said: "And in Illinois, and what Illinois thinks today the Union will think to- morrow, the discussion is passing from theory to practical ap- proval. ' ' s Debates and Proceedings, Constitutional Convention, Vol. 1, 563. CHAPTER III THE DEGREE OF MINORITY REPRESENTATION SECURED BY THE CUMULATIVE SYSTEM In the preceding chapter the conditions prevailing at the time of the adoption of the cumulative system of voting in Illinois and the advantages which the supporters of the measure promised, have been described. It is now proposed to consider the actual results of nearly fifty years ' practical test of the plan and to ascertain, as far as possible, to what extent the method has justified the expectations of its advocates. A question that logically arises at once is, does the cumulative voting system always give in each district a minority party representation? The answer to this question, with a few rare exceptions which will be noted later, can be given definitely and decisively in the affirmative. In every senatorial district in the state, with the few exceptions mentioned, at least two parties and occasionally three have been represented in the lower House of the Legislature. The time-honored and usual practice is for the majority party to have two representatives and the minority one, with ocasionally a third party candidate defeating one of either the two principal party nominees. Although there have been biennial elections in each of the fifty-one districts since 1872 under the present constitution, in but six instances have all three representatives been the regular nominees of one party. 1 In several other instances the Republicans have had nominally three members but in these cases one or two of the representa- tives ran on independent tickets as Independent Republicans, i These instances are: District No. 38 in the 36th General Assembly (1888-1890) when the Democrats had three representatives. Districts Nos. 5 and 10 in the 40th Assembly (1896-98) where there were three Repub- licans in both cases. District No. 27 in the 47th Assembly (1910-12) when the Democrats had three representatives. Districts Nos. 10 and 14 in the 51st Assembly (1918-20) when there were three Republicans elected in each case. 28 171] THE DEGREE OF MINORITY REPRESENTATION 29 and were not regular nominees of the party. 2 This was espe- cially true of the elections in 1874 for the Twenty-ninth Assem- bly, when in many districts the Democrats nominated no can- didates and helped elect the independents. The figures show that the cumulative method has in practic- ally all cases given a minority party representation, but this does not necessarily imply that it gives exact proportional re- presentation. The originators of the scheme did not assert that it would secure proportional representation to any degree of exactness but contented themselves with calling the plan minor- ity representation. It is a mistake to suppose that the system is based primarily on the proportional idea, yet so far as the two dominant parties are concerned it has led to a proportional re- presentation approaching mathematical exactness, as is indicated by Table I. Absolute conclusions cannot be drawn from this table for any one year because of the fact that but half of the Sen- ate is renewed at any one election. Hence, there are at every session 50 per cent of "holdovers" in the Senate, who may or may not represent the present majority party in their respective districts, and this may operate to prevent the Senate from being as representative as the House. As a whole the table indicates how nearly each House has come to representing the prevailing 2 The following table indicates districts and time of such occurrences: 1874 29th General Assembly, District 15, 1 regular and 2 Independent Eepublicans. 1874 29th General Assembly, District 20, 2 regular and 1 Independent Eepublican. 1874 29th General Assembly, District 23, 2 regular and 1 Independent Eepublican. 1874 29th General Assembly, District 28, 2 regular and 1 Independent Eepubliean. 1874 29th General Assembly, District 29, 2 regular and 1 Independent Eepublican. 1874 29th General Assembly, District 30, 2 regular and 1 Independent Eepublican. 1874 29th General Assembly, District 30, 2 regular and 1 Independent Eepublicana. 1874 29th General Assembly, District 46, 1 regular and 2 Independent Eepublicans. 1886 35th General Assembly, District 16, 2 regular and 1 Independent Eepublican. 30 CUMULATIVE VOTING AND MINORITY REPRESENTATION [172 o i EH co o 60 IB V JP* * 4*J S r r2 O r* .2 c O CO -*J -M s-i C |l 6 |a| i ' e 03 CQ '-3 *o"S 1 1 9811 OJ] esnoji JO 173] THE DEGREE OP MINORITY REPRESENTATION 31 political opinion through a series of years, and a close correspon- dence will be found between the ratios indicated in columns 5 and 7 of the table. It will be observed that, except in two instances (1874 and 1884) when the two parties approximated proportional representation in both houses, the lower house comes much nearer indicating the relative strength of the two dominant parties than does the Senate. The variation in the House in 1874, when the minority Democratic party had con- siderably less members than it was proportionately entitled to, was due to the Independents winning 41 seats 3 at the expense of the Democrats. The variation in 1912 when the Democrats, then the plurality party, had more than their proportional share, was due to the Progressives splitting the Republican vote to the ad- vantage of the Democrats. The variation in 1902 can only be explained by unusual local conditions, there being no less than fifteen 4 so-called parties represented by candidates at the gen- eral election. This alignment apparently operated at the ex- pense of the Democrats. In all other years the percentage of votes cast corresponds fairly closely to the percentage of mem- bers of the party in the House. The Senate shows a wide variation. In 1904 and 1906, the minority party had less than half the number of senators it was entitled to as compared with the majority party, while all the years (1874 and 1884 excepted) show a large discrepancy, the majority, as is to be expected, usually though not always having more members than its just proportion. In this con- nection it should be remembered that senators and representa- tives are elected from the same districts. It is mathematically demonstrable that any party which is able to poll more than one-fourth of the votes in a district may, by "plumping", that is, casting all three votes for one man, elect a representative. That a comparatively small vote can thus elect a member presumably would operate for the benefit of third parties, but as a matter of fact the minor parties have had but few representatives in the House. The total vote which s See Moses, Illinois: Historical and Statistical, Vol. 2, 1189. * Republican, Democratic, Prohibition, Socialist, Socialist Labor, Peoples, Single Tax, Independent, Independent Republican, Independent Democrat, Independent Labor, Public Ownership, Union Labor, Progressive Labor and Progressive. 32 CUMULATIVE VOTING AND MINORITY REPRESENTATION [174 they have cast in the state as a whole has been quite large, yet it seldom happens that any minor party has more votes than the weaker of the two large parties in any one district. How- ever, with the exception of 1872, 1892, 1894, 1900, 1908, and 1918, third party men have been in every legislature. Table 1 shows to what extent the cumulative vote affords proportional representation when only the two dominant parties are considered. Table II gives the total legislative vote, the vote by parties, and the actual and proportional representation of each party in the House of Representatives from 1910 to 1918. The columns indicating the number elected (3) and the mathe- matical proportion to which the parties would have been en- titled (4), show that the larger parties gained at the expense of the smaller ones, although in 1912 the Progressive party ob- tained all the seats to which it would have been entitled upon an exact proportional basis. Opponents of the cumulative method have called attention to the large number of votes cast in the state by the minor parties which elect few or no candidates. In the election of 1914, the Progressive and Socialist parties and Independents had in the aggregate 476,875 votes (not voters), which was about seven- teen per cent of the total vote, yet all these combined elected but four members of the House. This simply establishes what has already been asserted, that the cumulative voting plan does not claim to be primarily a proportional representation scheme, but a minority party representation device, and tfhe tables and fig- ures cited above indicate how far the system gives a minority party representation and to what extent it gives, or fails to give, proportional representation to all parties. While it is true that minor parties receive no great benefit from the scheme, the defect may not be really so great in prac- tice as it appears. The principle of government by parties is firmly fixed in American politics, the few third party mem- bers of legislative bodies are not taken into the councils of either of the dominant parties, and, except in the unusual cases where they happen to hold the balance of power, they are given but little consideration and have but little opportunity to exert any influence. Moreover, where a large number of parties are represented, a legislative body almost inevitably degenerates 175] THE DEGREE OP MINORITY REPRESENTATION 33 fc p o o X jo JQJ jo aoj jo JOJ jo jo JOJ I OS 03 * OS 00 rH t>. rH rj* (jq iO^ rH r-r-T xfl CO 00 00 T* CM CO t-- t>. CO * OJ 1-rHOO r-l oa N O co in t~ IM ?O O CO O CO rH -aoi-(Offqi-i CO O ** * ****** (M ** * *** * * i I ******** ************** * * " rHWrH (MtH I I * rH rH * * OS in n oo N ^ c^op^os in oo co^ea oo t^ tH 53 OJ rH O OO O rH *rHrHrHrH* tH rH * * & o b- oo eg eg OJ CO to b- O^rH^OJ^ ^^ r-Too^eg" oTeg^ * * P m m TH b- o __.;_, Ol CO Oi r- CO * CO IN (O OJ OO r-H lift O IN CO rH rH CO IN CO CO * O rH CO CO r-^O^ ^ OJ COTTj Morphology and biology of some turbellaria from the Mississippi Basin. With 3 plates. By Ruth Higley. $1.25. No. 4. North American Pseudophyllidean cestodes from fishes. With 13 plates. By A. R. Cooper. $2.00. Vol. V No. 1. The skull of Amiurus. By J. E. Kindred. $1.50. UNIVERSITY OF ILLINOIS STUDIES IN LANGUAGE AND LITERATURE Vol. I Nos. 1 and 2. The phonology of the dialect of Aurland, Norway. By George T. Flora. $1.25. Nos. 3 and 4. Studies in the Milton tradition. By John W. Good. $1.75. Vol. II No. 1. Thomas Warton : a biographical and critical study. 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