CHAPTER IV

THE REPRESENTATION OF MINORITIES

The one pervading evil of democracy is the tyranny of the majority that

succeeds by force or fraud in carrying elections. To break off that

point is to avert the danger. The common system of representation

perpetuates the danger. Unequal electorates afford no security to

majorities. Equal electorates give none to minorities. Thirty-five years

ago it was pointed out that the remedy is proportional representation.

It is profoundly democratic, for it increases the influence of thousands

who would otherwise have no voice in the Government; and it brings men

more near an equality by so contriving that no vote shall be wasted, and

that every voter shall contribute to bring into Parliament a member of

his own opinion."--LORD ACTON

The disfranchisement of minorities, noted in the two previous chapters

as the outcome of our electoral methods, attracted considerable

attention during the latter half of the nineteenth century, and several

legislative proposals were carried with the specific object of remedying

the evil. Indeed every electoral reform bill, beginning with that of

1832, has been accompanied with a demand or a suggestion for an

improvement in methods of election in order to secure for the House of

Commons a fully representative character. For it was clearly realized

that without some such improvement neither an extension of the franchise

nor a redistribution of seats would necessarily make the House a mirror

of the nation. These attempts to secure representation for minorities

have, however, often been confounded with the movement in favour of

proportional representation--the just representation of all parties--and

this confusion of thought may be partly due to the eloquent plea for the

representation of minorities advanced by Mill in the chapter in

_Representative Government_ devoted to the advocacy of Hare's scheme of

proportional representation. This confusion showed itself in the speech

which the Marquis of Ripon contributed to the debate[1] on the second

reading of the Municipal Representation Bill, introduced by Lord

Courtney of Penwith in 1907, for the purpose of enabling municipalities

to adopt a system of proportional representation. "It was a remarkable

thing," Lord Ripon said, "that so far as the experiments had gone they

had not succeeded, and that, he thought, should make them cautious when

looking into proposals of this kind." The experiments to which Lord

Ripon referred were legislative proposals for the representation of

minorities, and it cannot be admitted that these experiments were

failures. They did secure the representation of minorities. The

machinery provided did not enable them to do more, and an analysis of

the results of these experiments will show to what extent they succeeded

in their object, and at the same time disclose in what respects these

experiments fell short of a true electoral method.

_The Limited Vote_.]

The first of these experiments was known as the Limited Vote--a method

of voting which involves the creation of constituencies returning

several members but limits the elector in the number of his votes; the

elector is only permitted to vote for a number of candidates which is

less than the number of members to be elected, whilst he may not give

more than one vote to any one candidate. The Limited Vote was first

proposed by Mr. Mackworth Praed in Committee on the Reform Bill of 1831,

and the proposal was renewed by him in the following year in the Bill

which became the great Reform Act of 1832. Up to that time the

constituencies of England returned two members apiece, with the

exception of the City of London, which returned four, and of five

boroughs each returning one member. The Reform Bill provided that a

third member should be added to the representation of each of seven

counties, and that certain other counties should be divided into two or

more constituencies, each returning two members. Mr. Praed proposed to

drop this subdivision of counties, although permitting the additional

members to be given, and proposed that in constituencies returning

three or four members an elector should not be allowed to vote for more

than two candidates. The arguments advanced by Mr. Praed are worth

quoting. "He was of opinion," said he, "that it was an error in the

original construction of the Representative Assembly of this country to

allow any person to have more than one vote, for, by the present system,

it was frequently the case that the same persons, constituting perhaps a

bare majority of the electors, returned both members.... In the present

case, if large counties were not divided each freeholder would have four

votes. He wished to restrict them to two, and he thought that this

object might be attained even without the division of counties by

allowing each freeholder to vote only for two members although four was

to be the number returned. Some measure should be taken to make the vote

and views of a large minority known in the legislature."

This form of voting was proposed by Lord Aberdeen's Government in the

Parliamentary Representation Bill of 1854. In this Bill it was proposed

to give a third member to 38 counties and divisions of counties (in

addition to the seven counties which already possessed that privilege),

and also to eight boroughs. Lord John Russell, in introducing the

measure, made a powerful plea on behalf of the representation of

minorities in each of these constituencies, but the Crimean War rendered

further consideration of the Bill impossible. The system was, however,

applied to thirteen constituencies by the Representation of the People

Act of 1867. It was not provided for in the Bill as submitted by the

Government, nor was it supported by the leader of the Opposition. Its

introduction was due to the action of Lord Cairns, who, on 30 July 1867,

carried in the House of Lords, with the support of Lord Russell and Lord

Spencer, the following amendment:--

"At a contested election for any county or borough represented by three

members, no person shall vote for more than two candidates." A further

amendment applicable to the City of London, which returned four members,

was also carried. The system remained in force until the Redistribution

Act of 1885, when three-member constituencies were abolished. "There is

nothing," said Lord Cairns, in the course of a memorable speech, "so

irksome to those who form the minority of one of these large

constituencies as to find that from the mere force of numbers they are

virtually excluded from the exercise of any political power, that it is

in vain for them to attempt to take any part in public affairs, that the

election must always go in one direction, and that they have no

political power whatever."

The following table will show that Lord Cairns' proposal secured the

object which he had in view--the representation of minorities:--

1868. 1874. 1880.

Constituency. Actual Probable Actual Probable Actual Probable

results results results results results results

with without with without with without

Limited Limited Limited Limited Limited Limited

Vote. Vote. Vote. Vote. Vote. Vote.

L. C. L. C. L. C. L. C. L. C. L. C

Berkshire 1 2 0 3 1 2 0 3 1 2 0 3

Birmingham 3 0 3 0 3 0 3 0 3 0 3 0

Buckinghamshire 1 2 0 3 1 2 0 3 1 2 0 3

Cambridgeshire 1 2 0 3 1 2 0 3 1 2 0 3

Dorsetshire 1 2 0 3 1 2 0 3 1 2 0 3

Glasgow 3 0 3 0 2 1 3 0 3 0 3 0

Herefordshire 1 2 0 3 1 2 0 3 2 1 3 0

Hertfordshire 2 1 3 0 1 2 0 3 1 2 0 3

Leeds 2 1 3 0 1 2 3 0 2 1 3 0

Liverpool 1 2 0 3 1 2 0 3 1 2 0 3

London (City) 3 1 4 0 1 3 0 4 1 3 0 4

Manchester 2 1 3 0 1 2 0 3 2 1 3 0

Oxfordshire 1 2 0 3 1 2 3 0 1 2 0 3

Totals 22 18 19 21 16 24 9 31 20 20 15 25

The actual results show the relative strength of the two great political

parties in each constituency; the probable results are based on the

hypothesis that if each voter could have given one vote to each of three

candidates, each of the parties would have nominated three candidates,

and that as the electors would for the most part have voted on party

lines, the larger body would have secured all three seats. In Berkshire,

Buckinghamshire, Cambridgeshire, Dorsetshire, Hertfordshire,

Oxfordshire, Liverpool and London, the Liberal minorities each obtained

a representative, whilst the Conservative minorities in Herefordshire,

Leeds, and Manchester also obtained representatives. There were only two

constituencies--Birmingham and Glasgow--where the minority failed to

obtain representation, and this was due to the fact that the minorities

in these particular constituencies were comparatively small.

A consideration in detail of the election in Birmingham in 1880 will

show why the minority sometimes failed to obtain representation, and

will, at the same time, direct attention to the defects of the system.

The figures of this election were as follows:--

H. Muntz (Liberal) 22,969

John Bright (Liberal) 20,079

Joseph Chamberlain (Liberal) 19,544

62,592

Major F. Burnaby (Con.) 15,735

Hon. A. C. G. Calthorpe (Con.) 14,208

29,943

It will be seen that the Liberals obtained 62,592 votes and the

Conservatives 29,943 votes, and that the latter therefore numbered

slightly less than a third of the constituency. If the Liberal votes had

not been distributed as evenly as they were over their three candidates,

it might have resulted that the lowest candidate on the poll, Joseph

Chamberlain, would have received less votes than Major Burnaby, who was

the highest of the two Conservative candidates. In order to obtain the

full advantage of their numerical superiority it was necessary for the

Liberal organization to make an extensive canvass of their supporters,

to ascertain as accurately as possible their strength, and to issue

precise instructions to the voters in each district as to the manner in

which they should record their votes. The memorable cry associated with

these elections--"Vote as you are told and we'll carry you through

"--was fit accompaniment of these efforts of the Birmingham caucus.[2]

But had there been a mistake in the calculations of the Liberal

organization, had the polls disclosed a larger number of Conservatives,

disaster would have followed the nomination of three Liberal candidates.

If for example the votes had been as follows:--

Muintz Liberal)...... 21,000

Bright (Liberal)..... 20,000

Chamberlain (Liberal) 20,000

61,000

Burnaby (Conservative). 22,000

Calthorpe (Conservative). 21,000

43,000

the Conservatives would have returned two members, and the Liberals,

although in a majority, would have returned only one. In brief, the

party organizers had to be quite sure that their supporters numbered

more than 60 per cent. of the electorate, and that these supporters

would vote faithfully as ordered before they could recommend the

nomination of three candidates. The attempt to obtain all three seats at

Leeds, in the General Election of 1874, failed, with the result that the

minority got the larger share of the representation. The poll on this

occasion was as follows:--

M. Carter (Liberal)..... 15,390

E. Baines (Liberal) .... 11,850

Dr. F. R. Lees (Liberal). 5,945

33,185

W.St.J.Wheelhouse (Con.) 14,864

R. Tenant (Con.) . . .....13,192

28,056

In this election the total Liberal vote amounted to 33,185, and the

total Conservative vote amounted to 28,056, but the Conservatives

obtained two seats out of three.

The practical working of the Limited Vote has therefore shown that the

representation of a minority in a three-member constituency was always

secured whenever that minority numbered not less than two-fifths of the

electors, and as, in the majority of constituencies, the minority

exceeded this proportion the minority was able to return one of the

members. The system, however, possesses no elasticity. No party can put

forward a complete list of candidates without incurring considerable

risk, and even if the party has an ascertained strength of more than

three-fifths complete victory is only possible if the members of the

party are willing to carry out implicitly the instructions of the party

organization. It should be noted, in connexion with this system of

voting, that the more limited the vote the greater is the opportunity

afforded to the minority to obtain representation. When in a four-member

constituency each elector has three votes the minority must number

three-sevenths before it can obtain a representative; if, however, each

elector is limited to two votes a smaller minority, namely, a minority

which exceeds one-third of the electors, can make sure of returning a

member.[3]

_The Cumulative Vote_.]

The Cumulative Vote, the second of the experiments referred to by Lord

Ripen, although by no means free from serious defects, has also secured

the object for which it was designed--the representation of minorities.

With this system the member has as many votes as there are members to be

elected, and is permitted to distribute them amongst candidates, or to

cumulate them among one or more candidates according to his own

discretion. It was warmly advocated for the first time under the name of

the Cumulative Vote by James Garth Marshall in an open letter entitled

"Minorities and Majorities: their Relative Rights," addressed by him in

1853 to Lord John Russell. But three years earlier, in 1850, it was

recommended[4] by the Committee of the Privy Council for Trade and

Plantations, and adopted by Earl Grey in the draft Constitution proposed

for the Cape of Good Hope. The Legislative Council of Cape Colony

continued to be elected under this system until the Council disappeared

under the new Constitution of United South Africa. The Cumulative Vote

secured the representation of minorities in the Legislative Council of

Cape Colony, and a striking testimony to its value, from this point of

view, was given by Lord Milner when speaking in the House of Lords on 31

July 1906, on the announcement of the terms of the new Transvaal

Constitution:--

"I hope," said Lord Milner, "that when the time for making the Second

Chamber elective comes, this matter may be reconsidered, for it is

certainly very remarkable how much more fairly the system of

proportional representation works out in the Cape Colony than the

system, not of single members there, but of double-member

representation. Take only a single instance. In the Cape Colony, take

the bulk of the country districts; you have, roughly speaking, about two

Boers to every one white man who is not a Boer. On the system which

prevails for the Lower House the representation of these districts is

exclusively Boer, for one-third of the population is absolutely excluded

from any representation whatever. Under the system which prevails in the

election to the Upper House, as nearly as possible one-third of the

representatives of those districts are British. Inversely, in the case

of the Cape Peninsula, where there is an enormously preponderant British

population, but still a considerable Dutch population also, you get in

the Lower House no single Dutch representative, whereas in the Upper

House there are three representatives, one of whom represents the Dutch

section. You could not have a more curious illustration of the great

difference in fairness between the two principles as applied to the

practical conditions of South Africa. And I cannot help hoping that

between this time and the time when the Constitution of the projected

Upper House comes to be decided, there may be such a development of

opinion as will enable and justify the Government of that day adopting

the far sounder principle for the elections to the Upper Chamber. It

certainly has a great bearing upon that development of better feeling

between the two great races of South Africa whom we are all agreed in

desiring to see ultimately amalgamated and fused."

The Cape Assembly was elected by constituencies returning one or more

members, and when more than one each voter could give a single vote to

as many candidates as there were members to be elected, with the

consequence that the majority in every constituency commanded the whole

of its representation. The Council was elected by larger areas with the

cumulative vote. Lord Milner in his speech refers to the cumulative vote

as proportional voting, but it cannot, strictly speaking, be so

described. Nevertheless his testimony clearly shows that the cumulative

vote secured the representation of minorities--the great need of which

has been recognized by all impartial students of South African political

conditions.

Mr. Robert Lowe endeavoured to introduce this form of voting into the

Electoral Reform Bill of 1867, but failed, and the only practical

application of the system within the United Kingdom has been in

connexion with School Board elections. It was introduced into the

Education Act of 1870 on the motion of a private member, Lord Frederick

Cavendish, whose proposition, supported as it was by W.E. Forster,

Vice-President of the Council for Education, by W.H. Smith and by Henry

Fawcett, was carried without a division. Under this Act London was

divided into eleven electoral areas, returning from four to seven

members each; whilst the large towns, such as Manchester, Birmingham,

and others, each constituted an electoral area itself, electing a Board

of some fifteen members. The Education Act for Scotland which followed

in the same Parliament embodied the same principle in the-same manner.

The figures of any School Board election will show that the object aimed

at--the representation of minorities--was undoubtedly achieved. The last

election of the School Board for London, that of 1900, will serve for

purposes of illustration. The figures are as follows:--

Votes Obtained. Members Returned.

Constituency. Mode- Pro- Inde- Mode- Pro- Inde-

rate. gressive. pendent. rate. gressive. pendent.

City 4,572 2,183 3 1

Chelsea 7,831 5,408 2,144 3 2

Finsbury 7,573 7,239 837 3 3 1

Greenwich 6,706 6,008 3,375 2 1

Hackney 5,438 9,130 1,579 2 3

Lambeth, E 4,370 9,913 1,313 1 3

Lambeth, W. 8,709 14,156 54 2 4

Marylebone 9,450 7,047 536 4 3

Southwark 2,636 3,430 2,328 1 2 1

Tower Hamlets 6,199 7,437 5,495 1 3 1

Westminster 4,829 2,354 3 2

Totals 68,313 74,305 17,661 25 27 3

In each constituency the minority was enabled to obtain some

representation, and although in the majority of cases the representation

was still confined to the two main parties, yet it was possible for an

independent candidate, as in the Tower Hamlets, or a Roman Catholic

candidate, as in Southwark, to succeed in their respective candidatures.

The Cumulative Vote not only secured the representation of minorities,

but in so doing facilitated very considerably the working of the

Education Act. Mr. Patrick Cumin, at that time permanent secretary of

the Education Department, in giving evidence before a select committee

of the House of Commons, stated that "it would not have been possible to

carry the Act into effect, and certainly there would have been more

friction if the cumulative vote had not been in existence; for instance,

he did not believe that the bye-laws could possibly have been carried

into effect without co-operation." The Right Hon. W.E. Forster and Sir

Francis Sandford bore similar testimony, and the Royal Commission on the

Elementary Education Acts, in the Report issued in 1888, strongly

advised the retention of a system of minority representation.

The Cumulative Vote was also adopted by the State of Illinois for the

elections to the State House of Representatives. Each constituency

returns three members, and the elector may cumulate or divide his votes,

giving one vote to each candidate, or one and a half votes to each of

two candidates, or three votes to one candidate. "As a result," says

Professor Commons, "both parties have representatives from every part of

the State instead of from the strongholds only, and there are no

hopeless minorities of the two main parties. Every citizen who has

business before the Legislature has some member of his own party to

transact that business." Constituencies returning three members are,

however, not sufficiently large to do justice to this method of voting.

The Cumulative Vote, whilst securing representation to the minority,

does not necessarily secure the representation of majorities and

minorities in their true proportions. As with the Limited Vote, the

party organizations, if they desire to make use of their polling

strength to the fullest advantage, must make as accurate an estimate as

possible of the numbers of their supporters, and must issue explicit

directions as to the way in which votes should be recorded. To nominate

more candidates than the party can carry may end in disaster. In the

first School Board elections in Birmingham the Liberal organization

endeavoured to obtain the whole of the representation, and nominated

fifteen candidates. The party polled a majority of the votes, but as

these votes were distributed over too many candidates, the Liberals

succeeded in returning only a minority of representatives. It is not

easy to understand how the Birmingham National League came to imagine

that, with the Cumulative Vote, they would still be able to elect a

Board composed of members entirely of their own side, and Mr. Forster

banteringly suggested that the League should obtain the assistance of a

well-taught elementary schoolboy who would be able to show them that it

was impossible to get the return which they supposed they might obtain.

While there was little excuse for the mistake made by the Birmingham

National League, it must be remembered that with the Cumulative Vote it

is easy to fall into the opposite error of nominating too few

candidates. Every School Board election furnishes examples of an

excessive concentration of votes upon individual candidates. The Glasgow

School Board election of 1909 resulted as follows:--

Elected----James Barr 81,109

Canon Dyer 58,711

John Shaughnessy 54,310

Charles Byrne 54,236

Rev. James Brisby 51,357

W. Rounsfell Brown 35,739

R. S. Allan 24,017

Rev. J. Fraser Grahame 23,806

Dr. Henry Dyer 23,422

Mrs. Mary Mason 22,929

W. Martin Haddow 21,880

Rev. Robert Pryde 21,692

Miss K. V. Bannatyne 18,864

Mrs. Agnes Hardie 18,794

J. Leiper Gemmil 18,619

Unelected--Rev. J. A. Robertson 18,534

James Welsh 13,951

Dr. Sloan 13,114

S. M. Lipschitz 12,680

Dr. Charles Workman 7,405

James Laidlaw 4,869

Patrick Gallagher 2,478

-------

602,516

It will be seen that the candidate at the head of the list, Mr. Barr,

obtained over 81,000 votes, and the highest of the unsuccessful

candidates 18,534 votes. The total number of votes polled was 602,516,

and one-fifteenth of this number, viz. 40,167, would have been amply

sufficient to secure the return of any one candidate. The votes given to

Mr. Barr in excess of this number were wasted, and thus, although with

the cumulative vote minorities can secure representation, neither

majorities nor minorities secure with any degree of certainty

representation in their true proportions.

_The Single Vote_.]

Japan, keenly alive to the evils of a defective electoral system,

abandoned, after a short trial, the system adopted when the Japanese

Constitution was promulgated in 1889. The administrative areas (with

some exceptions) were then divided into single-member constituencies,

but it was soon found how unsatisfactorily this system works. It would

appear from a memorandum prepared by Mr. Kametaro Hayashida, Chief

Secretary of the Japanese House of Representatives--a memorandum which

is printed in full in Appendix I.--that in certain of the administrative

areas a minority of the voters often obtained a majority of the members

elected. It was almost impossible for political parties to obtain

representation in proportion to the strength of their supporters. In

1900 a new election law was adopted. The administrative areas,

irrespective of size, were made parliamentary constituencies returning a

number of members varying from one to twelve according to the population

of the area, but the voter in any area was permitted only one vote. He

can vote for one candidate and no more. Under this system minorities can

and do get a share of representation whenever the area returns two or

more members. A secondary advantage of considerable importance was

secured by making the administrative areas conterminous with the

parliamentary constituencies. Future redistributions of seats would

leave the boundaries of these areas untouched; they would merely

consist of a re-arrangement of the number of members to be returned by

each area.

The new system secured not only the representation of minorities, but

also the representation of the chief parties in reasonable proportion to

their voting strength. Further, to men of independent mind and character

the new system offered a greater opportunity of maintaining their

position in the House of Representatives. As will be seen from Mr.

Hayashida's memorandum, both Mr. Ozaki, the Mayor of Tokio, and Mr. S.

Shimada, have never lost their seats in Parliament, although they have

stood as independent candidates. At the General Election of 1908 they

were returned for their native prefecture or town with a great number of

votes. These are results of no mean value which are certainly not

possible with our Parliamentary system of single-member constituencies,

or with the block vote as used in the London municipal elections. Yet,

in spite of the marked superiority of the Japanese system, it falls

short of a true system of representation; it lacks the elasticity and

adaptability which should characterize such a system. Like the limited

vote and the cumulative vote, the Japanese system of the single vote

demands exact calculations on the part of party organizations, which

otherwise may fail to secure for their party the maximum number of

representatives. The number of candidates nominated must depend upon a

careful estimate of probable support, and when the nominations have

taken place efforts must be made by the party organizations to allot

this support to their candidates in such a way that not one of them is

in danger of defeat. Moreover, as the nomination of too large a number

of candidates would, as with the limited vote, be disastrous, parties

have in some constituencies been unwilling to nominate more than the

number of candidates who were successful at the previous election.

_The need of minority representation_.]

It cannot be maintained then, as was suggested by Lord Ripon, that the

experiments made for the purpose of securing the representation of

minorities have failed. All the methods tried--the limited, the

cumulative, and the single vote--have without question accomplished

their purpose. They have done even more. The cumulative vote facilitated

the smooth working of the Elementary Education Act, the single vote has

secured for Japan a House of Representatives which reflects in

reasonable proportions the political forces of the country. The problem

for the future is not the abandonment of the principle of minority

representation, but the adoption of such improvements in voting

mechanism as will do justice to majorities and to minorities alike. For

the need of minority representation is becoming more and not less

urgent. A brief reference to the more important Parliamentary Bills of

recent years will show that the most difficult problems which our

administrators have had to face in the framing of those Bills have

centred round the problem of representation--and that problem will recur

with greater frequency in the future. Mr. Birrell, the Chief Secretary

for Ireland, considered it essential that some special provision for the

representation of minorities should be embodied in the Irish

Administrative Council Bill introduced into the House of Commons in May

1907. But the method proposed--that the Council should consist of

eighty-two elected members and twenty-four nominated members--was

essentially undemocratic. The nominated members, even if they were

representative of the minority, would never have had the same authority

or influence as they would have had as members duly elected by the votes

of the minority; and even if we admit the special difficulties attending

the representation of minorities in Ireland the solution proposed by Mr.

Birrell was in every sense of the term unsatisfactory, and obviously of

a temporary character. The first step towards the solution of Irish

problems will have been taken when due provision has been made by

popular election for the representation of minorities.

Lord Morley of Blackburn, in preparing his great scheme of Indian

reforms, found himself face to face with the same problem--the

representation of minorities. He had, moreover, been advised by the

Indian Government that "in most provinces the Muhammadans are in favour

of election, and regard nomination as an inferior method of obtaining

admission to the Legislative Council."[5] Lord Morley, willingly or

unwillingly, was compelled to brush aside the English electoral methods

as inapplicable to India, and to provide for the representation on the

proposed Provincial Legislative Councils of Hindus and Muhammadans in

proportion to their strength. The method proposed was an arbitrary one,

and can be best described by quoting the terms of Lord Morley's

preliminary despatch.

"Let it be supposed that the total population of the Province is twenty

millions, of whom fifteen millions are Hindus and five millions

Muhammadans, and the number of members to be elected twelve. Then since

the Hindus are to Muhammadans as three to one, nine Hindus should be

elected to three Muhammadans. In order to obtain these members, divide

the Province into three electoral areas, in each of which three Hindus

and one Muhammadan are to be returned. Then, in each of these areas,

constitute an electoral college, consisting of, let us say, a hundred

members. In order to preserve the proportion between the two religions,

seventy-five of these should be Hindus and twenty-five Muhammadans. This

electoral college should be obtained by calling upon the various

electorates ... to return to it such candidates as they desired, a

definite number being allotted to each electorate. Out of those offering

themselves and obtaining votes, the seventy-five Hindus who obtained the

majority of votes should be declared members of the College, and the

twenty-five Musalmans who obtained the majority should similarly be

declared elected. If the Musalmans returned did not provide twenty-five

members for the Electoral College, the deficiency would be made good by

nomination. Having thus obtained an Electoral College containing

seventy-five Hindus and twenty-five Musalmans, that body would be called

upon to elect three representatives for the Hindus and one for the

Muhammadans; each member of the College would have only one vote, and

could vote for only one candidate. In this way it is evident that it

would be in the power of each section of the population to return a

member in the proportion corresponding to its own proportion to the

total population."[6]

Lord Morley proceeded to explain that "in this manner minorities would

be protected against exclusion by majorities, and all large and

important sections of the population would have the opportunity of

returning members in proportion to their ratio to the total population.

Their choice would in that event be exercised in the best possible way,

that, namely, of popular election, instead of requiring Government to

supply deficiencies by the dubious method of nomination." The system of

nomination, considered by Mr. Birrell as an adequate solution of this

problem in Ireland, was summarily rejected, and rightly so, by Lord

Morley as being inferior to popular election, inferior even to the

arbitrary method proposed by himself. The plan finally adopted by Lord

Morley was a modification of the proposal here outlined, and its

working, as the working of all arbitrary schemes must, has evoked

criticism on the ground that it does not hold the scales even as between

the two sections to be represented.

The Select Committee appointed by the House of Lords "to consider the

suggestions made from time to time for increasing the efficiency of that

House," was compelled to propose a method of election by which the

Liberal minority might retain some representation in that House. In the

election of Representative Peers for Scotland the majority method of

election is followed, with the result that none but Unionists are

chosen. It was obvious that no proposal for the reform of the House of

Lords which embodied an electoral method so unjust could possibly be

entertained, and therefore this Select Committee, following in this all

previous proposals for the reform of the Upper House, reported that the

representation of the minority was essential. A new Second Chamber is

now advocated both by Liberals and Unionists.

Again, Mr. Asquith's Government experienced a very distinct rebuff in

its attempt to abolish the cumulative vote in the elections of Scottish

School Boards without making any alternative provision for the

representation of minorities. The Government proposed to substitute the

block vote for the cumulative vote. The block vote would have enabled

the majority of the electors to have secured the whole of the

representation on the Board. The deletion of the Government's proposal

was proposed in the Scottish Grand Committee, but was defeated. A

further amendment by Mr. Phipson Beale in favour of the principle of

proportional representation was, in spite of the strong opposition of

the Secretary for Scotland, defeated only by twenty-two votes to

eighteen. The Government finally withdrew their proposal to abolish the

cumulative vote, and it has been made abundantly clear that, while the

cumulative vote is far from satisfactory, it can only be dispensed with

by the introduction of a better and more scientific way of securing the

representation of minorities.

In framing the Port of London Bill, Mr. Lloyd George had to make some

provision for the representation of the various interests concerned, and

so far as possible, in due proportion. It was impossible to entrust the

control of the new Port to the largest interest only, and accordingly he

proposed that "in prescribing the manner in which votes are to be

recorded, the Board of Trade shall have regard to the desirability of

votes being so recorded, whether by allowing the voter to record a vote

for a number of candidates in order of preference or otherwise, as to

secure that so far as possible the several interests concerned shall be

adequately represented on the Port Authority."[7] The reports of the

Poor Law Commission also raise in an acute form the problem of minority

representation. If the far-reaching suggestions of these reports are to

become law, and especially if the powers of County and County Borough

Councils are to be still further increased, the constitution of these

bodies will have to be closely examined. Are minorities to be excluded

altogether from the new authorities; are they to secure representation

through the processes of co-option and nomination; or are they to obtain

a hearing by a system of election that will provide them with

representation in their own right?

While these and other matters are bringing into greater prominence the

need of minority representation, a new problem--one with which the

Continent has long been familiar--has arisen in connexion with English

parliamentary elections. In an increasing number of contests three or

more candidates have taken the field, and the candidate obtaining the

highest number of votes has been elected although he may have received

less than half the votes recorded. A member so chosen obviously

represents only a minority of the electors in the constituency for which

he has been returned. Such results have come as a shock to those who

have hitherto accepted with composure the more glaring anomalies of our

electoral system, and so the growing frequency of three-cornered fights

will assist those other forces which are making for a complete

readjustment of our electoral methods. The new problem is, however,

quite distinct from that of minority representation, and is of

sufficient importance to warrant consideration in a separate chapter.

[Footnote 1: 30 April 1907.]

[Footnote 2: "One ward voted for A and B, another for A and C, a third

for B and C, a fourth for A and B, &c. The voter who had left the

selection of the three candidates to the general committee was also to

renounce the privilege of selecting from them the two which he

preferred. 'Vote as you are told' was the pass word."--Ostrogorski,

_Democracy and the Organization of Political Parties_, vol. i. p. 162.]

[Footnote 3: If in a four-member constituency the number of voters is

21,000 and the parties are in the ratio of 12,000 to 9000, the larger

party would, if each elector had three votes, have 36,000 votes in all

and the smaller party would have 27,000. No candidate of the smaller

party could obtain more than 9000 votes, whilst the 36,000 votes of the

larger party carefully divided among four candidates would also allow

each candidate to receive 9000 votes. If then the larger party had

slightly more than 12,000 supporters out of a total of 21,000, the

larger party would obtain all four seats, as each of its candidates

would, if the votes were carefully distributed, receive more than 9000

votes each.]

[Footnote 4: "If it is desired that the body should not be a

representation of a single interest and a single class of opinions, some

means must be adopted to guard against its falling entirely into the

hands of the dominant party. With this view we would recommend that, in

the election of the council, each elector should have as many votes as

there might be members to be chosen, and should be entitled to give all

these votes to a single candidate, or to distribute them among several.

By this arrangement a monopoly of power in the Legislative Council by

any one party, or any one district of the Colony, would be prevented,

since a minority of the electors, by giving all their votes to a single

candidate, would be enabled to secure his return."--Earl Grey, _The

Colonial Policy of the Administration of Lord John Russell_, vol. ii.,

Appendix, p. 362.]

[Footnote 5: _East India_ (Advisory and Legislative Councils, &c.) (Cd.

4426), p. 14.]

[Footnote 6: _East India_ (Advisory and Legislative Councils, &c.) (Cd.

4426), p. 45.]

[Footnote 7: Port of London Act, 1908, Schedule I., Part IV. (1).]

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