Chapter 1 of 3 · 13736 words · ~69 min read

part iv

., and the Municipal Elections (Corrupt and Illegal Practices) Act 1884, the latter annually renewable. The provisions of these enactments have been applied with necessary modifications to municipal and other local government elections in Ireland by orders of the Irish Local Government Board made under powers conferred by the Local Government (Ireland) Act 1898. In Scotland the law regulating municipal and other local government elections is now to be found in the Elections (Scotland) (Corrupt and Illegal Practices) Act 1890.

The alterations in the law have been in the direction of greater strictness in regard to the conduct of elections, and increased control in the public interest over the proceedings on election petitions. Various acts and payments which were previously lawful in the absence of any corrupt bargain or motive are now altogether forbidden under the name of "illegal practices" as distinguished from "corrupt practices." Failure on the part of a parliamentary candidate or his election agent to comply with the requirements of the law in any particular is sufficient to invalidate the return (see the articles BRIBERY and CORRUPT PRACTICES). Certain relaxations are, however, allowed in consideration of the difficulty of absolutely avoiding all deviation from the strict rules laid down. Thus, where the judges who try an election petition report that there has been treating, undue influence, or any illegal practice by the candidate or his election agent, but that it was trivial, unimportant and of a limited character, and contrary to the orders and without the sanction or connivance of the candidate or his election agent, and that the candidate and his election agent took all reasonable means for preventing corrupt and illegal practices, and that the election was otherwise free from such practices on their part, the election will not be avoided. The court has also the power to relieve from the consequences of certain innocent contraventions of the law caused by inadvertence or miscalculation.

Election petitions.

The inquiry into a disputed parliamentary election was formerly conducted before a committee of the House of Commons, chosen as nearly as possible from both sides of the House for that particular business. The decisions of these tribunals laboured under the suspicion of being prompted by party feeling, and by an act of 1868 the jurisdiction was finally transferred to judges of the High Court, notwithstanding the general unwillingness of the bench to accept a class of business which they feared might bring their integrity into dispute. Section 11 of the act ordered, _inter alia_, that the trial of every election petition shall be conducted before a _puisne judge_ of one of the common law courts at Westminster and Dublin; that the said courts shall each select a judge to be placed on the rota for the trial of election petitions; that the said judges shall try petitions standing for trial according to seniority or otherwise, as they may agree; that the trial shall take place in the county or borough to which the petition refers, unless the court should think it desirable to hold it elsewhere. The judge shall determine "whether the member whose return is complained of, or any and what other person, was duly returned and elected, or whether the election was void," and shall certify his determination to the speaker. When corrupt practices have been charged the judge shall also report (1) whether any such practice has been committed by or with the knowledge or consent of any candidate, and the nature thereof; (2) the names of persons proved to have been guilty of any corrupt practice; and (3) whether corrupt practices have extensively prevailed at the election. Questions of law were to be referred to the decision of the court of common pleas. On the abolition of that court by the Judicature Act 1873, the jurisdiction was transferred to the common pleas division, and again on the abolition of that division was transferred to the king's bench division, in whom it is now vested. The rota of judges for the trial of election petitions is also supplied by the king's bench division. The trial now takes place before two judges instead of one; and, when necessary, the number of judges on the rota may be increased. Both the judges who try a petition are to sign the certificates to be made to the speaker. If they differ as to the validity of a return, they are to state such difference in their certificate, and the return is to be held good; if they differ as to a report on any other matter, they are to certify their difference and make no report on such matter. The director of public prosecutions attends the trial personally or by representative. It is his duty to watch the proceedings in the public interest, to issue summonses to witnesses whose evidence is desired by the court, and to prosecute before the election court or elsewhere those persons whom he thinks to have been guilty of corrupt or illegal practices at the election in question. If an application is made for leave to withdraw a petition, copies of the affidavits in support are to be delivered to him; and he is entitled to be heard and to call evidence in opposition to such application. Witnesses are not excused from answering criminating questions; but their evidence cannot be used against them in any proceedings except criminal proceedings for perjury in respect of that evidence. If a witness answers truly all questions which he is required by the court to answer, he is entitled to receive a certificate of indemnity, which will save him from all proceedings for any offence under the Corrupt Practices Acts committed by him before the date of the certificate at or in relation to the election, except proceedings to enforce any incapacity incurred by such offence. An application for leave to withdraw a petition must be supported by affidavits from all the parties to the petition and their solicitors, and by the election agents of all of the parties who were candidates at the election. Each of these affidavits is to state that to the best of the deponent's knowledge and belief there has been no agreement and no terms or undertaking made or entered into as to the withdrawal, or, if any agreement has been made, shall state its terms. The applicant and his solicitor are also to state in their affidavits the grounds on which the petition is sought to be withdrawn. If any person makes an agreement for the withdrawal of a petition in consideration of a money payment, or of the promise that the seat shall be vacated or another petition withdrawn, or omits to state in his affidavit that he has made an agreement, lawful or unlawful, for the withdrawal, he is guilty of an indictable misdemeanour. The report of the judges to the speaker is to contain particulars as to illegal practices similar to those previously required as to corrupt practices; and they are to report further whether any candidate has been guilty by his agents of an illegal practice, and whether certificates of indemnity have been given to persons reported guilty of corrupt or illegal practices.

The Corrupt Practices Acts apply, with necessary variations in details, to parliamentary elections in Scotland and Ireland.

The amendments in the law as to municipal elections are generally similar to those which have been made in parliamentary election law. The procedure on trial of petitions is substantially the same, and wherever no other provision is made by the acts or rules the procedure on the trial of parliamentary election petitions is to be followed. Petitions against municipal elections were dealt with in 35 & 36 Vict. c. 60. The election judges appoint a number of barristers, not exceeding five, as commissioners to try such petitions. No barrister can be appointed who is of less than fifteen years' standing, or a member of parliament, or holder of any office of profit (other than that of recorder) under the crown; nor can any barrister try a petition in any borough in which he is recorder or in which he resides, or which is included in his circuit. The barrister sits without a jury. The provisions are generally similar to those relating to parliamentary elections. The petition may allege that the election was avoided as to the borough or ward on the ground of general bribery, &c., or that the election of the person petitioned against was avoided by corrupt practices, or by personal disqualification, or that he had not the majority of lawful votes. The commissioner who tries a petition sends to the High Court a certificate of the result, together with reports as to corrupt and illegal practices, &c., similar to those made to the speaker by the judges who try a parliamentary election petition. The Municipal Elections (Corrupt and Illegal Practices) Act 1884 applied to school board elections subject to certain variations, and has been extended by the Local Government Act 1888 to county council elections, and by the Local Government Act 1894 to elections by parochial electors. The law in Scotland is on the same lines, and extends to all non-parliamentary elections, and, as has been stated, the English statutes have been applied with adaptations to all municipal and local government elections in Ireland.

_United States._--Elections are much more frequent in the United States than they are in Great Britain, and they are also more complicated. The terms of elective officers are shorter; and as there are also more offices to be filled, the number of persons to be voted for is necessarily much greater. In the year of a presidential election the citizen may be called upon to vote at one time for all of the following: (1) National candidates--president and vice-president (indirectly through the electoral college) and members of the House of Representatives; (2) state candidates--governor, members of the state legislature, attorney-general, treasurer, &c.; (3) county candidates--sheriff, county judges, district attorney, &c.; (4) municipal or town candidates--mayor, aldermen, selectmen, &c. The number of persons actually voted for may therefore be ten or a dozen, or it may be many more. In addition, the citizen is often called upon to vote yea or nay on questions such as amendments to the state constitutions, granting of licences, and approval or disapproval of new municipal undertakings. As there may be, and generally is, more than one candidate for each office, and as all elections are now, and have been for many years, conducted by ballot, the total number of names to appear on the ballot may be one hundred or may be several hundred. These names are arranged in different ways, according to the laws of the different states. Under the Massachusetts law, which is considered the best by reformers, the names of candidates for each office are arranged alphabetically on a "blanket" ballot, as it is called from its size, and the elector places a mark opposite the names of such candidates as he may wish to vote for. Other states, New York for example, have the blanket system, but the names of the candidates are arranged in party columns. Still other states allow the grouping on one ballot of all the candidates of a single party, and there would be therefore as many separate ballots in such states as there were parties in the field.

The qualifications for voting, while varying in the different states in details, are in their main features the same throughout the Union. A residence in the state is required of from three months to two years. Residence is also necessary, but for a shorter period, in the county, city or town, or voting precinct. A few states require the payment of a poll tax. Some require that the voter shall be able to read and understand the Constitution. This latter qualification has been introduced into several of the Southern states, partly at least to disqualify the ignorant coloured voters. In all, or practically all, the states idiots, convicts and the insane are disqualified; in some states paupers; in some of the Western states the Chinese. In some states women are allowed to vote on certain questions, or for the candidates for certain offices, especially school officials; and in four of the Western states women have the same rights of suffrage as men. The number of those who are qualified to vote, but do not avail themselves of the right, varies greatly in the different states and according to the interest taken in the election. As a general rule, but subject to exceptions, the national elections call out the largest number, the state elections next, and the local elections the smallest number of voters. In an exciting national election between 80 and 90% of the qualified voters actually vote, a proportion considerably greater than in Great Britain or Germany.

The tendency of recent years has been towards a decrease both in the number and in the frequency of elections. A president and vice-president are voted for every fourth year, in the years divisible by four, on the first Tuesday following the first Monday of November. Members of the national House of Representatives are chosen for two years on the even-numbered years. State and local elections take place in accordance with state laws, and may or may not be on the same day as the national elections. Originally the rule was for the states to hold annual elections; in fact, so strongly did the feeling prevail of the need in a democratic country for frequent elections, that the maxim "where annual elections end, tyranny begins," became a political proverb. But opinion gradually changed even in the older or Eastern states, and in 1909 Massachusetts and Rhode Island were the only states in the Union holding annual elections for governor and both houses of the state legislature. In the Western states especially state officers are chosen for longer terms--in the case of the governor often for four years--and the number of elections has correspondingly decreased. Another cause of the decrease in the number of elections is the growing practice of holding all the elections of any year on one and the same day. Before the Civil War Pennsylvania held its state elections several months before the national elections. Ohio and Indiana, until 1885 and 1881 respectively, held their state elections early in October. Maine, Vermont and Arkansas keep to September. The selection of one day in the year for all elections held in that year has resulted in a considerable decrease in the total number.

Another tendency of recent years, but not so pronounced, is to hold local elections in what is known as the "off" year; that is, on the odd-numbered year, when no national election is held. The object of this reform is to encourage independent voting. The average American citizen is only too prone to carry his national political predilections into local elections, and to vote for the local nominees of his party, without regard to the question of fitness of candidates and the fundamental difference of issues involved. This tendency to vote the entire party ticket is the more pronounced because under the system of voting in use in many of the states all the candidates of the party are arranged on one ticket, and it is much easier to vote a straight or unaltered ticket than to change or "scratch" it. Again, the voter, especially the ignorant one, refrains from scratching his ticket, lest in some way he should fail to comply with the technicalities of the law and his vote be lost. On the other hand, if local elections are held on the "off" or odd year, and there be no national or state candidates, the voter feels much more free to select only those candidates whom he considers best qualified for the various offices.

On the important question of the purity of elections it is difficult to speak with precision. In many of the states, especially those with an enlightened public spirit, such as most of the New England states and many of the North-Western, the elections are fairly conducted, there being no intimidation at all, little or no bribery, and an honest count. It can safely be said that through the Union as a whole the tendency of recent years has been decidedly towards greater honesty of elections. This is owing to a number of causes: (1) The selection of a single day for all elections, and the consequent immense number voting on that day. Some years ago, when for instance the Ohio and Indiana elections were held a few weeks before the general election, each party strained every nerve to carry them, for the sake of prestige and the influence on other states. In fact, presidential elections were often felt to turn on the result in these early voting states, and the party managers were none too scrupulous in the means employed to carry them. Bribery has decreased in such states since the change of election day to that of the rest of the country. (2) The enactment in most of the states of the Australian or secret ballot (q.v.) laws. These have led to the secrecy of the ballot, and hence to a greater or less extent have prevented intimidation and bribery. (3) Educational or other such test, more particularly in the Southern states, the object of which is to exclude the coloured, and especially the ignorant coloured, voters from the polls. In those southern states in which the coloured vote was large, and still more in those in which it was the majority, it was felt among the whites that intimidation or ballot-box stuffing was justified by the necessity of white supremacy. With the elimination of the coloured vote by educational or other tests the honesty of elections has increased. (4) The enactment of new and more stringent registration laws. Under these laws only those persons are allowed to vote whose names have been placed on the rolls a certain number of days or months before election. These rolls are open to public inspection, and the names may be challenged at the polls, and "colonization" or repeating is therefore almost impossible. (5) The reform of the civil service and the gradual elimination of the vicious principle of "to the victors belong the spoils." With the reform of the civil service elections become less a scramble for office and more a contest of political or economic principle. They bring into the field, therefore, a better class of candidates. (6) The enactment in a number of states of various other laws for the prevention of corrupt practices, for the publication of campaign expenses, and for the prohibition of party workers from coming within a certain specified distance of the polls. In the state of Massachusetts, for instance, an act passed in 1892, and subsequently amended, provides that political committees shall file a full statement, duly sworn to, of all campaign expenditures made by them. The act applies to all public elections except that of town officers, and also covers nominations by caucuses and conventions as well. Apart from his personal expenses such as postage, travelling expenses, &c., a candidate is prohibited from spending anything himself to promote either his nomination or his election, but he is allowed to contribute to the treasury of the political committee. The law places no limit on the amount that these committees may spend. The reform sought by the law is thorough publicity, and not only are details of receipts and expenditures to be published, but the names of contributors and the amount of their contributions. In the state of New York the act which seeks to prevent corrupt practices relies in like manner on the efficacy of publicity, but it is less effective than the Massachusetts law in that it provides simply for the filing by the candidates themselves of sworn statements of their own expenses. There is nothing to prevent their contributing to political committees, and the financial methods and the amounts expended by such committees are not made public. But behind all these causes that have led to more honest elections lies the still greater one of a healthier public spirit. In the reaction following the Civil War all reforms halted. In recent years, however, a new and healthier interest has sprung up in things political; and one result of this improved civic spirit is seen in the various laws for purification of elections. It may now be safely affirmed that in the majority of states the elections are honestly conducted; that intimidation, bribery, stuffing of the ballot boxes or other forms of corruption, when they exist, are owing in large measure to temporary or local causes; and that the tendency of recent years has been towards a decrease in all forms of corruption.

The expenses connected with elections, such as the renting and preparing of the polling-places, the payment of the clerks and other officers who conduct the elections and count the vote, are borne by the community. A candidate therefore is not, as far as the law is concerned, liable to any expense whatever. As a matter of fact he does commonly contribute to the party treasury, though in the case of certain candidates, particularly those for the presidency and for judicial offices, financial contributions are not general. The amount of a candidate's contribution varies greatly, according to the office sought, the state in which he lives, and his private wealth. On one occasion, in a district in New York, a candidate for Congress is credibly believed to have spent at one election $50,000. On the other hand, in a Congressional election in a certain district in Massachusetts, the only expenditure of one of the candidates was for the two-cent stamp placed on his letter of acceptance. No estimate of the average amount expended can be made. It is, however, the conclusion of Mr Bryce, in his _American Commonwealth_, that as a rule a seat in Congress costs the candidate less than a seat for a county division in the House of Commons. (See also BALLOT.)

ELECTION, in English law, the obligation imposed upon a party by courts of equity to choose between two inconsistent or alternative rights or claims in cases where there is a clear intention of the person from whom he derives one that he should not enjoy both. Thus a testator died seized of property in fee simple and in fee tail--he had two daughters, and devised the fee simple property to one and the entailed property to the other; the first one claimed to have her share of the entailed property as coparcener and also to retain the benefit she took under the will. It was held that she was put to her election whether she would take under the will and renounce her claim to the entailed property or take against the will, in which case she must renounce the benefits she took under the will in so far as was necessary to compensate her sister. As the essence of the doctrine is compensation, a person electing against a document does not lose all his rights under it, but the court will sequester so much only of the benefit intended for him as will compensate the persons disappointed by his election. For the same reason it is necessary that there should be a free and disposable fund passing by the instrument from which compensation can be made in the event of election against the will. If, therefore, a man having a special power of appointment appoint the fund equally between two persons, one being an object of the power and the other not an object, no question of election arises, but the appointment to the person not an object is bad.

Election, though generally arising in cases of wills, may also arise in the case of a deed. There is, however, a distinction to be observed. In the case of a will a clear intention on the part of the testator that he meant to dispose of property not his own must be shown, and parol evidence is not admissible as to this. In the case of a deed, however, no such intention need be shown, for if a deed confers a benefit and imposes a liability on the same person he cannot be allowed to accept the one and reject the other, but this must be distinguished from cases where two separate gifts are given to a person, one beneficial and the other onerous. In such a case no question of election arises and he may take the one and reject the other, unless, indeed, there are words used which make the one conditional on the acceptance of the other.

Election is either express, e.g. by deed, or implied; in the latter case it is often a question of considerable difficulty whether there has in fact been an election or not; each case must depend upon the particular circumstances, but quite generally it may be said that the person who has elected must have been capable of electing, aware of the existence of the doctrine of election, and have had the opportunity of satisfying himself of the relative value of the properties between which he has elected. In the case of infants the court will sometimes elect after an inquiry as to which course is the most advantageous, or if there is no immediate urgency, will allow the matter to stand over till the infant attains his majority. In the cases of married women and lunatics the courts will exercise the right for them. It sometimes happens that the parties have so dealt with the property that it would be inequitable to disturb it; in such cases the court will not interfere in order to allow of election.

ELECTORAL COMMISSION, in United States history, a commission created to settle the disputed presidential election of 1876. In this election Samuel J. Tilden, the Democratic candidate, received 184 uncontested electoral votes, and Rutherford B. Hayes, the Republican candidate, 163.[1] The states of Florida, Louisiana, Oregon and South Carolina, with a total of 22 votes, each sent in two sets of electoral ballots,[2] and from each of these states except Oregon one set gave the whole vote to Tilden and the other gave the whole vote to Hayes. From Oregon one set of ballots gave the three electoral votes of the state to Hayes; the other gave two votes to Hayes and one to Tilden.

The election of a president is a complex proceeding, the method being indicated partly in the Constitution, and being partly left to Congress and partly to the states. The manner of selecting the electors is left to state law; the electoral ballots are sent to the president of the Senate, who "shall, in the presence of the Senate and House of Representatives, open all certificates, and the votes shall then be counted." Concerning this provision many questions of vital importance arose in 1876: Did the president of the Senate count the votes, the houses being mere witnesses; or did the houses count them, the president's duties being merely ministerial? Did counting imply the determination of what should be counted, or was it a mere arithmetical process; that is, did the Constitution itself afford a method of settling disputed returns, or was this left to legislation by Congress? Might Congress or an officer of the Senate go behind a state's certificate and review the acts of its certifying officials? Might it go further and examine into the choice of electors? And if it had such powers, might it delegate them to a commission? As regards the procedure of Congress, it seems that, although in early years the president of the Senate not only performed or overlooked the electoral count but also exercised discretion in some matters very important in 1876, Congress early began to assert power, and, at least from 1821 onward, controlled the count, claiming complete power. The fact, however, that the Senate in 1876 was controlled by the Republicans and the House by the Democrats, lessened the chances of any harmonious settlement of these questions by Congress. The country seemed on the verge of civil war. Hence it was that by an act of the 29th of January 1877, Congress created the Electoral Commission to pass upon the contested returns, giving it "the same powers, if any" possessed by itself in the premises, the decisions to stand unless rejected by the two houses separately. The commission was composed of five Democratic and five Republican Congressmen, two justices of the Supreme Court of either party, and a fifth justice chosen by these four. As its members of the commission the Senate chose G.F. Edmunds of Vermont, O.P. Morton of Indiana, and F.T. Frelinghuysen of New Jersey (Republicans); and A.G. Thurman of Ohio and T.F. Bayard of Delaware (Democrats). The House chose Henry B. Payne of Ohio, Eppa Hunton of Virginia, and Josiah G. Abbott of Massachusetts (Democrats); and George F. Hoar of Massachusetts and James A. Garfield of Ohio (Republicans). The Republican judges were William Strong and Samuel F. Miller; the Democratic, Nathan Clifford and Stephen J. Field. These four chose as the fifteenth member Justice Joseph P. Bradley, a Republican but the only member not selected avowedly as a partisan. As counsel for the Democratic candidate there appeared before the commission at different times Charles O'Conor of New York, Jeremiah S. Black of Pennsylvania, Lyman Trumbull of Illinois, R.T. Merrick of the District of Columbia, Ashbel Green of New Jersey, Matthew H. Carpenter of Wisconsin, George Hoadley of Ohio, and W.C. Whitney of New York. W.M. Evarts and E.W. Stoughton of New York and Samuel Shellabarger and Stanley Matthews of Ohio appeared regularly in behalf of Mr Hayes.

The popular vote seemed to indicate that Hayes had carried South Carolina and Oregon, and Tilden Florida and Louisiana. It was evident, however, that Hayes could secure the 185 votes necessary to elect only by gaining every disputed ballot. As the choice of Republican electors in Louisiana had been accomplished by the rejection of several thousand Democratic votes by a Republican returning board, the Democrats insisted that the commission should go behind the returns and correct injustice; the Republicans declared that the state's action was final, and that to go behind the returns would be invading its sovereignty. When this matter came before the commission it virtually accepted the Republican contention, ruling that it could not go behind the returns except on the superficial issues of manifest fraud therein or the eligibility of electors to their office under the Constitution; that is, it could not investigate antecedents of fraud or misconduct of state officials in the results certified. All vital questions were settled by the votes of eight Republicans and seven Democrats; and as the Republican Senate would never concur with the Democratic House in overriding the decisions, all the disputed votes were awarded to Mr Hayes, who therefore was declared elected.

The strictly partisan votes of the commission and the adoption by prominent Democrats and Republicans, both within and without the commission, of an attitude toward states-rights principles quite inconsistent with party tenets and tendencies, have given rise to much severe criticism. The Democrats and the country, however, quietly accepted the decision. The judgments underlying it were two: (1) That Congress rightly claimed the power to settle such contests within the limits set; (2) that, as Justice Miller said regarding these limits, the people had never at any time intended to give to Congress the power, by naming the electors, to "decide who are to be the president and vice-president of the United States."

There is no doubt that Mr Tilden was morally entitled to the presidency, and the correction of the Louisiana frauds would certainly have given satisfaction then and increasing satisfaction later, in the retrospect, to the country. The commission might probably have corrected the frauds without exceeding its Congressional precedents. Nevertheless, the principles of its decisions must be recognized by all save ultra-nationalists as truer to the spirit of the Constitution and promising more for the good of the country than would have been the principles necessary to a contrary decision.

By an act of the 3rd of February 1887 the electoral procedure is regulated in great detail. Under this act determination by a state of electoral disputes is conclusive, subject to certain formalities that guarantee definite action and accurate certification. These formalities constitute "regularity," and are in all cases judgable by Congress. When Congress is forced by the lack or evident inconclusiveness of state action, or by conflicting state action, to decide disputes, votes are lost unless both houses concur.

AUTHORITIES.--J.F. Rhodes, _History of the United States_, vol. 7, covering 1872-1877 (New York, 1906); P.L. Haworth, _The Hayes-Tilden disputed Presidential Election of 1876_ (Cleveland, 1906); J.W. Burgess, _Political Science Quarterly_, vol. 3 (1888), pp. 633-653, "The Law of the Electoral Count"; and for the sources. Senate Miscellaneous Document No. 5 (vol. 1), and House Miscel. Doc. No. 13 (vol. 2), 44 Congress, 2 Session,--_Count of the Electoral Vote. Proceedings of Congress and Electoral Commission_,--the latter identical with _Congressional Record_, vol. 5, pt. 4, 44 Cong., 2 Session; also about twenty volumes of evidence on the state elections involved. The volume called _The Presidential Counts_ (New York, 1877) was compiled by Mr. Tilden and his secretary.

FOOTNOTES:

[1] The election of a vice-president was, of course, involved also. William A. Wheeler was the Republican candidate, and Thomas A. Hendricks the Democratic.

[2] A second set of electoral ballots had also been sent in from Vermont, where Hayes had received a popular majority vote of 24,000. As these ballots had been transmitted in an irregular manner, the president of the Senate refused to receive them, and was sustained in this action by the upper House.

ELECTORS (Ger. _Kurfursten_, from _Kuren_, O.H.G. _kiosan_, choose, elect, and _Furst_, prince), a body of German princes, originally seven in number, with whom rested the election of the German king, from the 13th until the beginning of the 19th century. The German kings, from the time of Henry the Fowler (919-936) till the middle of the 13th century, succeeded to their position partly by heredity, and partly by election. Primitive Germanic practice had emphasized the element of heredity. _Reges ex nobilitate sumunt_: the man whom a German tribe recognized as its king must be in the line of hereditary descent from Woden; and therefore the genealogical trees of early Teutonic kings (as, for instance, in England those of the Kentish and West Saxon sovereigns) are carefully constructed to prove that descent from the god which alone will constitute a proper title for his descendants. Even from the first, however, there had been some opening for election; for the principle of primogeniture was not observed, and there might be several competing candidates, all of the true Woden stock. One of these competing candidates would have to be recognized (as the Anglo-Saxons said, _geceosan_); and to this limited extent Teutonic kings may be termed elective from the very first. In the other nations of western Europe this element of election dwindled, and the principle of heredity alone received legal recognition; in medieval Germany, on the contrary, the principle of heredity, while still exercising an inevitable natural force, sank formally into the background, and legal recognition was finally given to the elective principle. _De facto_, therefore, the principle of heredity exercises in Germany a great influence, an influence never more striking than in the period which follows on the formal recognition of the elective principle, when the Habsburgs (like the Metelli at Rome) _fato imperatores fiunt: de jure_, each monarch owes his accession simply and solely to the vote of an electoral college.

This difference between the German monarchy and the other monarchies of western Europe may be explained by various considerations. Not the least important of these is what seems a pure accident. Whereas the Capetian monarchs, during the three hundred years that followed on the election of Hugh Capet in 987, always left an heir male, and an heir male of full age, the German kings again and again, during the same period, either left a minor to succeed to their throne, or left no issue at all. The principle of heredity began to fail because there were no heirs. Again the strength of tribal feeling in Germany made the monarchy into a prize, which must not be the apanage of any single tribe, but must circulate, as it were, from Franconian to Saxon, from Saxon to Bavarian, from Bavarian to Franconian, from Franconian to Swabian; while the growing power of the baronage, and its habit of erecting anti-kings to emphasize its opposition to the crown (as, for instance, in the reign of Henry IV.), coalesced with and gave new force to the action of tribal feeling. Lastly, the fact that the German kings were also Roman emperors finally and irretrievably consolidated the growing tendency towards the elective principle. The principle of heredity had never held any great sway under the ancient Roman Empire (see under EMPEROR); and the medieval Empire, instituted as it was by the papacy, came definitely under the influence of ecclesiastical prepossessions in favour of election. The church had substituted for that descent from Woden, which had elevated the old pagan kings to their thrones, the conception that the monarch derived his crown from the choice of God, after the manner of Saul; and the theoretical choice of God was readily turned into the actual choice of the church, or, at any rate, of the general body of churchmen. If an ordinary king is thus regarded by the church as essentially elected, much more will the emperor, connected as he is with the church as one of its officers, be held to be also elected; and as a bishop is chosen by the chapter of his diocese, so, it will be thought, must the emperor be chosen by some corresponding body in his empire. Heredity might be tolerated in a mere matter of kingship: the precious trust of imperial power could not be allowed to descend according to the accidents of family succession. To Otto of Freising (_Gesta Frid._ ii. 1) it is already a point of right vindicated for itself by the excellency of the Roman Empire, as a matter of singular prerogative, that it should not descend _per sanguinis propaginem, sed per principum electionem_.

The accessions of Conrad II. (see Wipo, _Vita Cuonradi_, c. 1-2), of Lothair II. (see _Narratio de electione Lotharii_, M.G.H. _Scriptt._ xii. p. 510), of Conrad III. (see Otto of Freising, _Chronicon_, vii. 22) and of Frederick I. (see Otto of Freising, _Gesta Frid._ ii. 1) had all been marked by an element, more or less pronounced, of election. That element is perhaps most considerable in the case of Lothair, who had no rights of heredity to urge. Here we read of ten princes being selected from the princes of the various duchies, to whose choice the rest promise to assent, and of these ten selecting three candidates, one of whom, Lothair, is finally chosen (apparently by the whole assembly) in a somewhat tumultuary fashion. In this case the electoral assembly would seem to be, in the last resort, the whole diet of all the princes. But a _de facto_ pre-eminence in the act of election is already, during the 12th century, enjoyed by the three Rhenish archbishops, probably because of the part they afterwards played at the coronation, and also by the dukes of the great duchies--possibly because of the part they too played, as vested for the time with the great offices of the household, at the coronation feast.[1] Thus at the election of Lothair it is the archbishop of Mainz who conducts the proceedings; and the election is not held to be final until the duke of Bavaria has given his assent. The fact is that, votes being weighed by quality as well as by quantity (see DIET), the votes of the archbishops and dukes, which would first be taken, would of themselves, if unanimous, decide the election. To prevent tumultuary elections, it was well that the election should be left exclusively with these great dignitaries; and this is what, by the middle of the 13th century, had eventually been done.

The chaos of the interregnum from 1198 to 1212 showed the way for the new departure; the chaos of the great interregnum (1250-1273) led to its being finally taken. The decay of the great duchies, and the narrowing of the class of princes into a close corporation, some of whose members were the equals of the old dukes in power, introduced difficulties and doubts into the practice of election which had been used in the 12th century. The contested election of the interregnum of 1198-1212 brought these difficulties and doubts into strong relief. The famous bull of Innocent III. (_Venerabilem_), in which he decided for Otto IV. against Philip of Swabia, on the ground that, though he had fewer votes than Philip, he had a majority of the votes of those _ad quos principaliter spectat electio_, made it almost imperative that there should be some definition of these principal electors. The most famous attempt at such a definition is that of the _Sachsenspiegel_, which was followed, or combated, by many other writers in the first half of the 13th century. Eventually the contested election of 1257 brought light and definition. Here we find seven potentates acting--the same seven whom the Golden Bull recognizes in 1356; and we find these seven described in an official letter to the pope, as _principes vocem in hujusmodi electione habentes, qui sunt septem numero_. The doctrine thus enunciated was at once received. The pope acknowledged it in two bulls (1263); a cardinal, in a commentary on the bull _Venerabilem_ of Innocent III., recognized it about the same time; and the erection of statues of the seven electors at Aix-la-Chapelle gave the doctrine a visible and outward expression.

By the date of the election of Rudolph of Habsburg (1273) the seven electors may be regarded as a definite body, with an acknowledged right. But the definition and the acknowledgment were still imperfect. (1) The composition of the electoral body was uncertain in two respects. The duke of Bavaria claimed as his right the electoral vote of the king of Bohemia; and the practice of _partitio_ in electoral families tended to raise further difficulties about the exercise of the vote. The Golden Bull of 1356 settled both these questions. Bohemia (of which Charles IV., the author of the Golden Bull, was himself the king) was assigned the electoral vote in preference to Bavaria; and a provision annexing the electoral vote to a definite territory, declaring that territory indivisible, and regulating its descent by the rule of primogeniture instead of partition, swept away the old difficulties which the custom of partition had raised. After 1356 the seven electors are regularly the three Rhenish archbishops, Mainz, Cologne and Trier, and four lay magnates, the palatine of the Rhine, the duke of Saxony, the margrave of Brandenburg, and the king of Bohemia; the three former being vested with the three archchancellorships, and the four latter with the four offices of the royal household (see HOUSEHOLD). (2) The rights of the seven electors, in their collective capacity as an electoral college, were a matter of dispute with the papacy. The result of the election, whether made, as at first, by the princes generally or, as after 1257, by the seven electors exclusively, was in itself simply the creation of a German king--an _electio in regem_. But since 962 the German king was also, after coronation by the pope, Roman emperor. Therefore the election had a double result: the man elected was not only _electus in regem_, but also _promovendus ad imperium_. The difficulty was to define the meaning of the term _promovendus_. Was the king elect _inevitably_ to become emperor? or did the _promotio_ only follow at the discretion of the pope, if he thought the king elect fit for promotion? and if so, to what extent, and according to what standard, did the pope judge of such fitness? Innocent III. had already claimed, in the bull _Venerabilem_, (1) that the electors derived their power of election, so far as it made an emperor, from the Holy See (which had originally "translated" the Empire from the East to the West), and (2) that the papacy had a _jus et auctoritas examinandi personam electam in regem et promovendam ad imperium_. The latter claim he had based on the fact that he anointed, consecrated and crowned the emperor--in other words, that he gave a spiritual office according to spiritual methods, which entitled him to inquire into the fitness of the recipient of that office, as a bishop inquires into the fitness of a candidate for ordination. Innocent had put forward this claim as a ground for deciding between competing candidates: Boniface VIII. pressed the claim against Albert I. in 1298, even though his election was unanimous; while John XXII. exercised it in its harshest form, when in 1324 he ex-communicated Louis IV. for using the title and exerting the rights even of king without previous papal confirmation. This action ultimately led to a protest from the electors themselves, whose right of election would have become practically meaningless, if such assumptions had been tolerated. A meeting of the electors (_Kurverein_) at Rense in 1338 declared (and the declaration was reaffirmed by a diet at Frankfort in the same year) that _postquam aliquis eligitur in Imperatorem sive Regem ab Electoribus Imperii concorditer, vel majori parte eorundem, statim ex sola electione est Rex verus et Imperator Romanus censendus ... nec Papae sive Sedis Apostolicae ... approbatione ... indiget_. The doctrine thus positively affirmed at Rense is negatively reaffirmed in the Golden Bull, in which a significant silence is maintained in regard to papal rights. But the doctrine was not in practice followed: Sigismund himself did not venture to dispense with papal approbation.

By the end of the 14th century the position of the electors, both individually and as a corporate body, had become definite and precise. Individually, they were distinguished from all other princes, as we have seen, by the indivisibility of their territories and by the custom of primogeniture which secured that indivisibility; and they were still further distinguished by the fact that their person, like that of the emperor himself, was protected by the law of treason, while their territories were only subject to the jurisdiction of their own courts. They were independent territorial sovereigns; and their position was at once the envy and the ideal of the other princes of Germany. Such had been the policy of Charles IV.; and thus had he, in the Golden Bull, sought to magnify the seven electors, and himself as one of the seven, in his capacity of king of Bohemia, even at the expense of the Empire, and of himself in his capacity of emperor. Powerful as they were, however, in their individual capacity, the electors showed themselves no less powerful as a corporate body. As such a corporate body, they may be considered from three different points of view, and as acting in three different capacities. They are an electoral body, choosing each successive emperor; they are one of the three colleges of the imperial diet (see DIET); and they are also an electoral union (_Kurfurstenverein_), acting as a separate and independent political organ even after the election, and during the reign, of the monarch. It was in this last capacity that they had met at Rense in 1338; and in the same capacity they acted repeatedly during the 15th century. According to the Golden Bull, such meetings were to be annual, and their deliberations were to concern "the safety of the Empire and the world." Annual they never were; but occasionally they became of great importance. In 1424, during the attempt at reform occasioned by the failure of German arms against the Hussites, the _Kurfurstenverein_ acted, or at least it claimed to act, as the predominant partner in a duumvirate, in which the unsuccessful Sigismund was relegated to a secondary position. During the long reign of Frederick III.--a reign in which the interests of Austria were cherished, and the welfare of the Empire neglected, by that apathetic yet tenacious emperor--the electors once more attempted, in the year 1453, to erect a new central government in place of the emperor, a government which, if not conducted by themselves directly in their capacity of a _Kurfurstenverein_, should at any rate be under their influence and control. So, they hoped, Germany might be able to make head against that papal aggression, to which Frederick had yielded, and to take a leading part in that crusade against the Turks, which he had neglected. Like the previous attempt at reform during the Hussite wars, the scheme came to nothing; the forces of disunion in Germany were too strong for any central government, whether monarchical and controlled by the emperor, or oligarchical and controlled by the electors. But a final attempt, the most strenuous of all, was made in the reign of Maximilian I., and under the influence of Bertold, elector and archbishop of Mainz. The council of 1500, in which the electors (with the exception of the king of Bohemia) were to have sat, and which would have been under their control, represents the last effective attempt at a real _Reichsregiment_. Inevitably, however, it shipwrecked on the opposition of Maximilian; and though the attempt was again made between 1521 and 1530, the idea of a real central government under the control of the electors perished, and the development of local administration by the circle took its place.

In the course of the 16th century a new right came to be exercised by the electors. As an electoral body (that is to say, in the first of the three capacities distinguished above), they claimed, at the election of Charles V. in 1519 and at subsequent elections, to impose conditions on the elected monarch, and to determine the terms on which he should exercise his office in the course of his reign. This _Wahlcapitulation_, similar to the _Pacta Conventa_ which limited the elected kings of Poland, was left by the diet to the discretion of the electors, though after the treaty of Westphalia an attempt was made, with some little success,[2] to turn the capitulation into a matter of legislative enactment by the diet. From this time onwards the only fact of importance in the history of the electors is the change which took place in the composition of their body during the 17th and 18th centuries. From the Golden Bull to the treaty of Westphalia (1356-1648) the composition of the electoral body had remained unchanged. In 1623, however, in the course of the Thirty Years' War, the vote of the count palatine of the Rhine had been transferred to the duke of Bavaria; and at the treaty of Westphalia the vote, with the office of imperial butler which it carried, was left to Bavaria, while an eighth vote, along with the new office of imperial treasurer, was created for the count palatine. In 1708 a ninth vote, along with the office of imperial standard-bearer, was created for Hanover; while finally, in 1778, the vote of Bavaria and the office of imperial butler returned to the counts palatine, as heirs of the duchy, on the extinction of the ducal line, while the new vote created for the Palatinate in 1648, with the office of imperial treasurer, was transferred to Brunswick-Luneburg (Hanover) in lieu of the one which this house already held. In 1806, on the dissolution of the Holy Roman Empire, the electors ceased to exist.

LITERATURE.--T. Lindner, _Die deutschen Konigswahlen und die Entstehung des Kurfurstentums_ (1893), and _Der Hergang bei den deutschen Konigswahlen_ (1899); R. Kirchhofer, _Zur Entstehung des Kurkollegiums_ (1893); W. Maurenbrecher, _Geschichte der deutschen Konigswahlen_ (1889); and G. Blondel, _Etude sur Frederic II_, p. 27 sqq. See also J. Bryce, _Holy Roman Empire_ (edition of 1904), c. ix.; and R. Schroder, _Lehrbuch der deutschen Rechtsgeschichte_, pp. 471-481 and 819-820. (E. Br.)

FOOTNOTES:

[1] This is the view of the _Sachsenspiegel_, and also of Albert of Stade (quoted in Schroder, p. 476, n. 27): "Palatinus eligit, quia dapifer est; dux Saxoniae, quia marescalcus," &c. Schroder points out (p. 479, n. 45) that "participation in the coronation feast is an express recognition of the king"; and those who are to discharge their office in the one must have had a prominent voice in the other.

[2] See Schroder's _Lehrbuch der deutschen Rechtsgeschichte_, p. 820.

ELECTRA ([Greek: Elektra]), "the bright one," in Greek mythology. (1) One of the seven Pleiades, daughter of Atlas and Pleione. She is closely connected with the old constellation worship and the religion of Samothrace, the chief seat of the Cabeiri (q.v.), where she was generally supposed to dwell. By Zeus she was the mother of Dardanus, Iasion (or Eetion), and Harmonia; but in the Italian tradition, which represented Italy as the original home of the Trojans, Dardanus was her son by a king of Italy named Corythus. After her amour with Zeus, Electra fled to the Palladium as a suppliant, but Athena, enraged that it had been touched by one who was no longer a maiden, flung Electra and the image from heaven to earth, where it was found by Ilus, and taken by him to Ilium; according to another tradition, Electra herself took it to Ilium, and gave it to her son Dardanus (Schol. Eurip. _Phoen._ 1136). In her grief at the destruction of the city she plucked out her hair and was changed into a comet; in another version Electra and her six sisters had been placed among the stars as the Pleiades, and the star which she represented lost its brilliancy after the fall of Troy. Electra's connexion with Samothrace (where she was also called Electryone and Strategis) is shown by the localization of the carrying off of her reputed daughter Harmonia by Cadmus, and by the fact that, according to Athenicon (the author of a work on Samothrace quoted by the scholiast on Apollonius Rhodius i. 917), the Cabeiri were Dardanus and Iasion. The gate Electra at Thebes and the fabulous island Electris were said to have been called after her (Apollodorus iii. 10. 12; Servius on _Aen._ iii. 167, vii. 207, x. 272, _Georg._ i. 138).

(2) Daughter of Agamemnon and Clytaemnestra, sister of Orestes and Iphigeneia. She does not appear in Homer, although according to Xanthus (regarded by some as a fictitious personage), to whom Stesichorus was indebted for much in his _Oresteia_, she was identical with the Homeric Laodice, and was called Electra because she remained so long unmarried ([Greek: 'A-lektra]). She was said to have played an important part in the poem of Stesichorus, and subsequently became a favourite figure in tragedy. After the murder of her father on his return from Troy by her mother and Aegisthus, she saved the life of her brother Orestes by sending him out of the country to Strophius, king of Phanote in Phocis, who had him brought up with his own son Pylades. Electra, cruelly ill-treated by Clytaemnestra and her paramour, never loses hope that her brother will return to avenge his father. When grown up, Orestes, in response to frequent messages from his sister, secretly repairs with Pylades to Argos, where he pretends to be a messenger from Strophius bringing the news of the death of Orestes. Being admitted to the palace, he slays both Aegisthus and Clytaemnestra. According to another story (Hyginus, _Fab._ 122), Electra, having received a false report that Orestes and Pylades had been sacrificed to Artemis in Tauris, went to consult the oracle at Delphi. In the meantime Aletes, the son of Aegisthus, seized the throne of Mycenae. Her arrival at Delphi coincided with that of Orestes and Iphigeneia. The same messenger, who had already communicated the false report of the death of Orestes, informed her that he had been slain by Iphigeneia. Electra in her rage seized a burning brand from the altar, intending to blind her sister; but at the critical moment Orestes appeared, recognition took place, and the brother and sister returned to Mycenae. Aletes was slain by Orestes, and Electra became the wife of Pylades. The story of Electra is the subject of the _Choephori_ of Aeschylus, the _Electra_ of Sophocles and the _Electra_ of Euripides. It is in the Sophoclean play that Electra is most prominent.

There are many variations in the treatment of the legend, for which, as also for a discussion of the modern plays on the subject by Voltaire and Alfieri, see Jebb's Introduction to his edition of the _Electra_ of Sophocles.

ELECTRICAL (or ELECTROSTATIC) MACHINE, a machine operating by manual or other power for transforming mechanical work into electric energy in the form of electrostatic charges of opposite sign delivered to separate conductors. Electrostatic machines are of two kinds: (1) Frictional, and (2) Influence machines.

[Illustration: FIG. 1.--Ramsden's electrical machine.]

_Frictional Machines._--A primitive form of frictional electrical machine was constructed about 1663 by Otto von Guericke (1602-1686). It consisted of a globe of sulphur fixed on an axis and rotated by a winch, and it was electrically excited by the friction of warm hands held against it. Sir Isaac Newton appears to have been the first to use a glass globe instead of sulphur (_Optics_, 8th Query). F. Hawksbee in 1709 also used a revolving glass globe. A metal chain resting on the globe served to collect the charge. Later G.M. Bose (1710-1761), of Wittenberg, added the prime conductor, an insulated tube or cylinder supported on silk strings, and J.H. Winkler (1703-1770), professor of physics at Leipzig, substituted a leather cushion for the hand. Andreas Gordon (1712-1751) of Erfurt, a Scotch Benedictine monk, first used a glass cylinder in place of a sphere. Jesse Ramsden (1735-1800) in 1768 constructed his well-known form of plate electrical machine (fig. 1). A glass plate fixed to a wooden or metal shaft is rotated by a winch. It passes between two rubbers made of leather, and is partly covered with two silk aprons which extend over quadrants of its surface. Just below the places where the aprons terminate, the glass is embraced by two insulated metal forks having the sharp points projecting towards the glass, but not quite touching it. The glass is excited positively by friction with the rubbers, and the charge is drawn off by the action of the points which, when acted upon inductively, discharge negative electricity against it. The insulated conductor to which the points are connected therefore becomes positively electrified. The cushions must be connected to earth to remove the negative electricity which accumulates on them. It was found that the machine acted better if the rubbers were covered with bisulphide of tin or with F. von Kienmayer's amalgam, consisting of one part of zinc, one of tin and two of mercury. The cushions were greased and the amalgam in a state of powder spread over them. Edward Nairne's electrical machine (1787) consisted of a glass cylinder with two insulated conductors, called prime conductors, on glass legs placed near it. One of these carried the leather exacting cushions and the other the collecting metal points, a silk apron extending over the cylinder from the cushion almost to the points. The rubber was smeared with amalgam. The function of the apron is to prevent the escape of electrification from the glass during its passage from the rubber to the collecting points. Nairne's machine could give either positive or negative electricity, the first named being collected from the prime conductor carrying the collecting points and the second from the prime conductor carrying the cushion.

[Illustration: FIG. 2.]

_Influence Machines._--Frictional machines are, however, now quite superseded by the second class of instrument mentioned above, namely, influence machines. These operate by electrostatic induction and convert mechanical work into electrostatic energy by the aid of a small initial charge which is continually being replenished or reinforced. The general principle of all the machines described below will be best understood by considering a simple ideal case. Imagine two Leyden jars with large brass knobs, A and B, to stand on the ground (fig. 2). Let one jar be initially charged with positive electricity on its inner coating and the other with negative, and let both have their outsides connected to earth. Imagine two insulated balls A' and B' so held that A' is near A and B' is near B. Then the positive charge on A induces two charges on A', viz.: a negative on the side nearest and a positive on the side most removed. Likewise the negative charge on B induces a positive charge on the side of B' nearest to it and repels negative electricity to the far side. Next let the balls A' and B' be connected together for a moment by a wire N called a neutralizing conductor which is subsequently removed. Then A' will be left negatively electrified and B' will be left positively electrified. Suppose that A' and B' are then made to change places. To do this we shall have to exert energy to remove A' against the attraction of A and B' against the attraction of B. Finally let A' be brought in contact with B and B' with A. The ball A' will give up its charge of negative electricity to the Leyden jar B, and the ball B' will give up its positive charge to the Leyden jar A. This transfer will take place because the inner coatings of the Leyden jars have greater capacity with respect to the earth than the balls. Hence the charges of the jars will be increased. The balls A' and B' are then practically discharged, and the above cycle of operations may be repeated. Hence, however small may be the initial charges of the Leyden jars, by a principle of accumulation resembling that of compound interest, they can be increased as above shown to any degree. If this series of operations be made to depend upon the continuous rotation of a winch or handle, the arrangement constitutes an electrostatic influence machine. The principle therefore somewhat resembles that of the self-exciting dynamo.

Bennet's Doubler.

The first suggestion for a machine of the above kind seems to have grown out of the invention of Volta's electrophorus. Abraham Bennet, the inventor of the gold leaf electroscope, described a doubler or machine for multiplying electric charges (_Phil. Trans._, 1787).

The principle of this apparatus may be explained thus. Let A and C be two fixed disks, and B a disk which can be brought at will within a very short distance of either A or C. Let us suppose all the plates to be equal, and let the capacities of A and C in presence of B be each equal to p, and the coefficient of induction between A and B, or C and B, be q. Let us also suppose that the plates A and C are so distant from each other that there is no mutual influence, and that p' is the capacity of one of the disks when it stands alone. A small charge Q is communicated to A, and A is insulated, and B, uninsulated, is brought up to it; the charge on B will be--(q/p)Q. B is now uninsulated and brought to face C, which is uninsulated; the charge on C will be (q/p)^2Q. C is now insulated and connected with A, which is always insulated. B is then brought to face A and uninsulated, so that the charge on A becomes rQ, where

p / q^2\ r = -------- ( 1 + --- ). (p + p') \ p^2/

A is now disconnected from C, and here the first operation ends. It is obvious that at the end of n such operations the charge on A will be r^_(n)Q, so that the charge goes on increasing in geometrical progression. If the distance between the disks could be made infinitely small each time, then the multiplier r would be 2, and the charge would be doubled each time. Hence the name of the apparatus.

[Illustration: FIG. 3.--Nicholson's Revolving Doubler.]

Nicholson's doubler.

Erasmus Darwin, B. Wilson, G.C. Bohnenberger and J.C.E. Peclet devised various modifications of Bennet's instrument (see S.P. Thompson, "The Influence Machine from 1788 to 1888," _Journ. Soc. Tel. Eng._, 1888, 17, p. 569). Bennet's doubler appears to have given a suggestion to William Nicholson (_Phil. Trans._, 1788, p. 403) of "an instrument which by turning a winch produced the two states of electricity without friction or communication with the earth." This "revolving doubler," according to the description of Professor S.P. Thompson (_loc. cit._), consists of two fixed plates of brass A and C (fig. 3), each two inches in diameter and separately supported on insulating arms in the same plane, so that a third revolving plate B may pass very near them without touching. A brass ball D two inches in diameter is fixed on the end of the axis that carries the plate B, and is loaded within at one side, so as to act as a counterpoise to the revolving plate B. The axis P N is made of varnished glass, and so are the axes that join the three plates with the brass axis N O. The axis N O passes through the brass piece M, which stands on an insulating pillar of glass, and supports the plates A and C. At one extremity of this axis is the ball D, and the other is connected with a rod of glass, N P, upon which is fixed the handle L, and also the piece G H, which is separately insulated. The pins E, F rise out of the back of the fixed plates A and C, at unequal distances from the axis. The piece K is parallel to G H, and both of them are furnished at their ends with small pieces of flexible wire that they may touch the pins E, F in certain points of their revolution. From the brass piece M there stands out a pin I, to touch against a small flexible wire or spring which projects sideways from the rotating plate B when it comes opposite A. The wires are so adjusted by bending that B, at the moment when it is opposite A, communicates with the ball D, and A communicates with C through GH; and half a revolution later C, when B comes opposite to it, communicates with the ball D through the contact of K with F. In all other positions A, B, C and D are completely disconnected from each other. Nicholson thus described the operation of his machine:--

"When the plates A and B are opposite each other, the two fixed plates A and C may be considered as one mass, and the revolving plate B, together with the ball D, will constitute another mass. All the experiments yet made concur to prove that these two masses will not possess the same electric state.... The redundant electricities in the masses under consideration will be unequally distributed; the plate A will have about ninety-nine parts, and the plate C one; and, for the same reason, the revolving plate B will have ninety-nine parts of the opposite electricity, and the ball D one. The rotation, by destroying the contacts, preserves this unequal distribution, and carries B from A to C at the same time that the tail K connects the ball with the plate C. In this situation, the electricity in B acts upon that in C, and produces the contrary state, by virtue of the communication between C and the ball; which last must therefore acquire an electricity of the same kind with that of the revolving plate. But the rotation again destroys the contact and restores B to its first situation opposite A. Here, if we attend to the effect of the whole revolution, we shall find that the electric states of the respective masses have been greatly increased; for the ninety-nine parts in A and B remain, and the one part of electricity in C has been increased so as nearly to compensate ninety-nine parts of the opposite electricity in the revolving plate B, while the communication produced an opposite mutation in the electricity of the ball. A second rotation will, of course, produce a proportional augmentation of these increased quantities; and a continuance of turning will soon bring the intensities to their maximum, which is limited by an explosion between the plates" (_Phil. Trans._, 1788, p. 405).

[Illustration: FIG. 4.--Belli's Doubler.]

Belli's doubler.

Nicholson described also another apparatus, the "spinning condenser," which worked on the same principle. Bennet and Nicholson were followed by T. Cavallo, John Read, Bohnenberger, C.B. Desormes and J.N.P. Hachette and others in the invention of various forms of rotating doubler. A simple and typical form of doubler, devised in 1831 by G. Belli (fig. 4), consisted of two curved metal plates between which revolved a pair of balls carried on an insulating stem. Following the nomenclature usual in connexion with dynamos we may speak of the conductors which carry the initial charges as the field plates, and of the moving conductors on which are induced the charges which are subsequently added to those on the field plates, as the carriers. The wire which connects two armature plates for a moment is the neutralizing conductor. The two curved metal plates constitute the field plates and must have original charges imparted to them of opposite sign. The rotating balls are the carriers, and are connected together for a moment by a wire when in a position to be acted upon inductively by the field plates, thus acquiring charges of opposite sign. The moment after they are separated again. The rotation continuing the ball thus negatively charged is made to give up this charge to that negatively electrified field plate, and the ball positively charged its charge to the positively electrified field plate, by touching little contact springs. In this manner the field plates accumulate charges of opposite sign.

[Illustration: FIG. 5.--Varley's Machine.]

Varley's machine.

Modern types of influence machine may be said to date from 1860 when C.F. Varley patented a type of influence machine which has been the parent of numerous subsequent forms (_Brit. Pat. Spec._ No. 206 of 1860). In it the field plates were sheets of tin-foil attached to a glass plate (fig. 5). In front of them a disk of ebonite or glass, having carriers of metal fixed to its edge, was rotated by a winch. In the course of their rotation two diametrically opposite carriers touched against the ends of a neutralizing conductor so as to form for a moment one conductor, and the moment afterwards these two carriers were insulated, one carrying away a positive charge and the other a negative. Continuing their rotation, the positively charged carrier gave up its positive charge by touching a little knob attached to the positive field plate, and similarly for the negative charge carrier. In this way the charges on the field plates were continually replenished and reinforced. Varley also constructed a multiple form of influence machine having six rotating disks, each having a number of carriers and rotating between field plates. With this apparatus he obtained sparks 6 in. long, the initial source of electrification being a single Daniell cell.

Toepler machine.

Varley was followed by A.J.I. Toepler, who in 1865 constructed an influence machine consisting of two disks fixed on the same shaft and rotating in the same direction. Each disk carried two strips of tin-foil extending nearly over a semi-circle, and there were two field plates, one behind each disk; one of the plates was positively and the other negatively electrified. The carriers which were touched under the influence of the positive field plate passed on and gave up a portion of their negative charge to increase that of the negative field plate; in the same way the carriers which were touched under the influence of the negative field plate sent a part of their charge to augment that of the positive field plate. In this apparatus one of the charging rods communicated with one of the field plates, but the other with the neutralizing brush opposite to the other field plate. Hence one of the field plates would always remain charged when a spark was taken at the transmitting terminals.

[Illustration: FIG. 6.--Holtz's Machine.]

Holtz machine.

Between 1864 and 1880, W.T.B. Holtz constructed and described a large number of influence machines which were for a long time considered the most advanced development of this type of electrostatic machine. In one form the Holtz machine consisted of a glass disk mounted on a horizontal axis F (fig. 6) which could be made to rotate at a considerable speed by a multiplying gear, part of which is seen at X. Close behind this disk was fixed another vertical disk of glass in which were cut two windows B, B. On the side of the fixed disk next the rotating disk were pasted two sectors of paper A, A, with short blunt points attached to them which projected out into the windows on the side away from the rotating disk. On the other side of the rotating disk were placed two metal combs C, C, which consisted of sharp points set in metal rods and were each connected to one of a pair of discharge balls E, D, the distance between which could be varied. To start the machine the balls were brought in contact, one of the paper armatures electrified, say, with positive electricity, and the disk set in motion. Thereupon very shortly a hissing sound was heard and the machine became harder to turn as if the disk were moving through a resisting medium. After that the discharge balls might be separated a little and a continuous series of sparks or brush discharges would take place between them. If two Leyden jars L, L were hung upon the conductors which supported the combs, with their outer coatings put in connexion with one another by M, a series of strong spark discharges passed between the discharge balls. The action of the machine is as follows: Suppose one paper armature to be charged positively, it acts by induction on the right hand comb, causing negative electricity to issue from the comb points upon the glass revolving disk; at the same time the positive electricity passes through the closed discharge circuit to the left comb and issues from its teeth upon the part of the glass disk at the opposite end of the diameter. This positive electricity electrifies the left paper armature by induction, positive electricity issuing from the blunt point upon the side farthest from the rotating disk. The charges thus deposited on the glass disk are carried round so that the upper half is electrified negatively on both sides and the lower half positively on both sides, the sign of the electrification being reversed as the disk passes between the combs and the armature by discharges issuing from them respectively. If it were not for leakage in various ways, the electrification would go on everywhere increasing, but in practice a stationary state is soon attained. Holtz's machine is very uncertain in its action in a moist climate, and has generally to be enclosed in a chamber in which the air is kept artificially dry.

Voss's machine.

Robert Voss, a Berlin instrument maker, in 1880 devised a form of machine in which he claimed that the principles of Toepler and Holtz were combined. On a rotating glass or ebonite disk were placed carriers of tin-foil or metal buttons against which neutralizing brushes touched. This armature plate revolved in front of a field plate carrying two pieces of tin-foil backed up by larger pieces of varnished paper. The studs on the armature plate were charged inductively by being connected for a moment by a neutralizing wire as they passed in front of the field plates, and then gave up their charges partly to renew the field charges and partly to collecting combs connected to discharge balls. In general design and construction, the manner of moving the rotating plate and in the use of the two Leyden jars in connexion with the discharge balls, Voss borrowed his ideas from Holtz.

Wimshurst machine.

All the above described machines, however, have been thrown into the shade by the invention of a greatly improved type of influence machine first constructed by James Wimshurst about 1878. Two glass disks are mounted on two shafts in such a manner that, by means of two belts and pulleys worked from a winch shaft, the disks can be rotated rapidly in opposite directions close to each other (fig. 7). These glass disks carry on them a certain number (not less than 16 or 20) tin-foil carriers which may or may not have brass buttons upon them. The glass plates are well varnished, and the carriers are placed on the outer sides of the two glass plates. As therefore the disks revolve, these carriers travel in opposite directions, coming at intervals in opposition to each other. Each upright bearing carrying the shafts of the revolving disks also carries a neutralizing conductor or wire ending in a little brush of gilt thread. The neutralizing conductors for each disk are placed at right angles to each other. In addition there are collecting combs which occupy an intermediate position and have sharp points projecting inwards, and coming near to but not touching the carriers. These combs on opposite sides are connected respectively to the inner coatings of two Leyden jars whose outer coatings are in connexion with one another.

[Illustration: FIG. 7.--Wimshurst's Machine.]

The operation of the machine is as follows: Let us suppose that one of the studs on the back plate is positively electrified and one at the opposite end of a diameter is negatively electrified, and that at that moment two corresponding studs on the front plate passing opposite to these back studs are momentarily connected together by the neutralizing wire belonging to the front plate. The positive stud on the back plate will act inductively on the front stud and charge it negatively, and similarly for the other stud, and as the rotation continues these charged studs will pass round and give up most of their charge through the combs to the Leyden jars. The moment, however, a pair of studs on the front plate are charged, they act as field plates to studs on the back plate which are passing at the moment, provided these last are connected by the back neutralizing wire. After a few revolutions of the disks half the studs on the front plate at any moment are charged negatively and half positively and the same on the back plate, the neutralizing wires forming the boundary between the positively and negatively charged studs. The diagram in fig. 8, taken by permission from S.P. Thompson's paper (_loc. cit._), represents a view of the distribution of these charges on the front and back plates respectively. It will be seen that each stud is in turn both a field plate and a carrier having a charge induced on it, and then passing on in turn induces further charges on other studs. Wimshurst constructed numerous very powerful machines of this type, some of them with multiple plates, which operate in almost any climate, and rarely fail to charge themselves and deliver a torrent of sparks between the discharge balls whenever the winch is turned. He also devised an alternating current electrical machine in which the discharge balls were alternately positive and negative. Large Wimshurst multiple plate influence machines are often used instead of induction coils for exciting Rontgen ray tubes in medical work. They give very steady illumination on fluorescent screens.

[Illustration: FIG. 8.--Action of the Wimshurst Machine.]

In 1900 it was found by F. Tudsbury that if an influence machine is enclosed in a metallic chamber containing compressed air, or better, carbon dioxide, the insulating properties of compressed gases enable a greatly improved effect to be obtained owing to the diminution of the leakage across the plates and from the supports. Hence sparks can be obtained of more than double the length at ordinary atmospheric pressure. In one case a machine with plates 8 in. in diameter which could give sparks 2.5 in. at ordinary pressure gave sparks of 5, 7, and 8 in. as the pressure was raised to 15, 30 and 45 lb. above the normal atmosphere.

[Illustration: FIG. 9.--Lord Kelvin's Replenisher.

C, C, Metal carriers fixed to ebonite cross-arm. F, F, Brass field-plates or conductors. a, a, Receiving springs. n, n, Connecting springs or neutralizing brushes.]

The action of Lord Kelvin's replenisher (fig. 9) used by him in connexion with his electrometers for maintaining their charge, closely resembles that of Belli's doubler and will be understood from fig. 9. Lord Kelvin also devised an influence machine, commonly called a "mouse mill," for electrifying the ink in connexion with his siphon recorder. It was an electrostatic and electromagnetic machine combined, driven by an electric current and producing in turn electrostatic charges of electricity. In connexion with this subject mention must also be made of the water dropping influence machine of the same inventor.[1]

The action and efficiency of influence machines have been investigated by F. Rossetti, A. Righi and F.W.G. Kohlrausch. The electromotive force is practically constant no matter what the velocity of the disks, but according to some observers the internal resistance decreases as the velocity increases. Kohlrausch, using a Holtz machine with a plate 16 in. in diameter, found that the current given by it could only electrolyse acidulated water in 40 hours sufficient to liberate one cubic centimetre of mixed gases. E.E.N. Mascart, A. Roiti, and E. Bouchotte have also examined the efficiency and current producing power of influence machines.

BIBLIOGRAPHY.--In addition to S.P. Thompson's valuable paper on influence machines (to which this article is much indebted) and other references given, see J. Clerk Maxwell, _Treatise on Electricity and Magnetism_ (2nd ed., Oxford, 1881), vol. i. p. 294; J.D. Everett, _Electricity_ (expansion of