Such is the rule in every association of interests, even in stock companies in which the distribution of charges allows of no favor or disfavor to any associate. It must be noted that, in these companies, co-operation is not compulsory, but voluntary; the associates are not, as in the local society, conscripts enlisted under the constraint of physical solidarity, but subscribers bound together under the impulsion of a deliberate preference, each remaining in its of his own free will just as he entered it; if he wishes to leave it he has only to sell his stock; the fact of his keeping this confirms his subscription, and, thus holding on to it, he daily subscribes anew to the statute. Here, then, is a perfectly free association; its is accordingly perfectly equitable, and its statute serves as a model for others.
Now this statute always makes a distinction between the small and the large stockholders; it always attributes a greater share of authority and influence to those who share most largely in the risks and expenses; in principle, the number of votes in confers on each associate is proportionate to the number of shares of which he is the owner or bearer. - All the stronger is the reason why this principle should be embodied in the statutes of a society which, like the local community, diminishes the burden of the small taxpayer through its reductions, and increases by its extra taxation the burden of the large or average taxpayer; when the appointment of managers is handed over to universal suffrage, counted by heads, the large and average taxpayers are defrauded of their dues and deprived of their rights, more so by far and more deeply wronged than the bearer or owner of a thousand shares in an omnibus or gas company if, on voting at a meeting of stockholders, his vote did not count for more than that of the owner or bearer of a single share. -How is it then when a local society adds to its natural and unavoidable purpose an optional and supplementary purpose;* when, increasing its load, it undertakes to defray the cost of public charity and of primary education;* when, to support this additional cost, it multiplies the additional centimes;* when the large or average taxpayer pays alone, or nearly alone, for this benevolent work by which he does not benefit;* when the small taxpayer pays nothing, or next to nothing, to this benevolent work by which he does benefit;* when, in voting for the expense thus apportioned, each taxpayer, whatever the amount of his contribution, has one vote and only one?
In this case, powers, benefits, reductions, and exemptions, all the advantages are on one side, that of the poor and half-poor forming the majority and who if not restrained from above, will persistently abuse their numerical force to augment their advantages, at the increasing expense of the rich or well-do-do minority. In the future, in the local society, the average or large taxpayer is no longer an associate but a victim; were he free to choose he would not enter into it; he would like to go away and establish himself elsewhere; but were he to enter others, near or remote, his condition would be no better. He remains, accordingly, where he is, physically present, but absent in feeling; he takes no part in deliberate meetings; his zeal has died out; he withholds from public affairs that surplus of vigilant attention, that spontaneous and ready collaboration which he would have contributed gratis; he lets matters go along without him, just as it happens; he remains there just what he is, a workable, taxable individual in capricious hands, in short, a passive subject who gives and has become resigned. - For this reason, in countries where an encroaching democracy has not yet abolished or perverted the notion of equity, the local statute applies the fundamental rule of an equitable exchange; it lays down the principle thathe who pays commands, and in proportion to the sum he pays.[22]
In England, a surplus of votes is awarded to those most heavily taxed, even six votes to one voter; in Prussia, local taxation is divided into thirds, and, accordingly, the taxpayers into three groups, the first one composed of heavy taxpayers, few in number, and who pay the first third, the second composed of average taxpayers, average in number, and who pay the second third, and the third composed of the great number of small taxpayers, who pay the last third.[23] To each of these groups is assigned the same number of suffrages in the commune election, or the same number of representatives in the commune representation. Through this approximate balance of legal burdens and of legal rights, the two sides of the scales are nearly level, the level which distributive justice demands, and the level which the state, special interpreter, sole arbiter and universal minister of distributive justice, should establish when, in the local community, it imposes, rectifies, or maintains the articles in accordance with which it derives its income and governs.
IV. On unlimited universal suffrage.
How unlimited universal suffrage found its way into local society. -Object and mode of the French legislator.
