New-York tribune., 1891-05-25
SEwYoRk DAILY TRIBUNE MONDAY MAY s5 lse-rwELvE

construction of this clause Of the Constitution. IT
Is believed in this exceptional action Oh ss' @ mort s,S
cases as In Massachasetts reported 0a 10 e he Stie
law. Practical construction is only resorted 70 when
@ Sss or o ssts s % doubt or Oh
This is the rule laid down by Judge Cooley IN MS
work, quoted in this language "Acquiesence tor no
fength OF time legaze clear usurpation Oh power
where the people have clearly expressed their wil.n
the Constitution There Is nothing uncertain as 10 the
graphers taken as authoritative The very latest Of
selections Or elections by districts accord
monweah" In 1923 In Maryland thirty nine years
after the adoption OF the Federal Constitution and for
doned, and the practical construction II either
fairly be termed such, has been to elect such officers
How can the shorter term be held conclusive legal
construction, against the longer Perhaps Its doubt
by Judge Story may have been considered BY the very
few states which at any time within said thirty nine
yoars so elected Presidential electors Nearly all OF
the states prior to 1928 and all OF them subsequent
thereto, have elected these officers by the entire voice
legislature Is not tins action worth much that
OF the small minority for only the shorter period,
practical construction TO be brought into requsition
pretended quotation of Judge Sory's Constitution,
not to be found in the original. has been going the
rounds Of the press to the effect that the legality Of
open to question. To show what Judge story did
say quote at length from section l,472 Of his
the Legislatures have directly chosen the electors By
themselves: in Others they have been chosen by the
people by general ticket throughout the whole state
and In Others by the people in electoral districts fixed
by the Legislature, certain number OF electors being
appointed to each district. No question has ever
arisen to the constituuonality Of either mode, ex
cept that Of direct choice by the Legislature, but this,
though often doubted by able and ingenious minds has
been firmly established in practice since the adoP
on OF the Constitution and does not now seem TO ad
init Of controversy, even suitable tribunal existed
to adtudfcate upon it,
AT present in nearly oil OF the States the electors
chosen either by the people, by general ticket,
by the State Legislature The choice In districts
has been gradually abandoned and Is now peTsevered
In by but two States.n
"TlSe inequality Of this mode OF choice, unless 1t
should become general throughout the Union Is SO
obvious that ii IS rather matter OF surprise that IL
should not have long since been abandoned rms
language applies to the separate action OF Con greSSOna
districts In reporting electors TO the Legislature 30 be
appointed by 1t, In Massachusetts, his own State,
and not We believe to such action the Miner law
provides.
This law Is far reaching; opens up new fields for
State defeats uniformity Of methods In the selection
of electors; will create much additional friction, IL
followed by other States and is clearly IN contra
venton Of a principle Of constitutional law laid down
by our ablest law writer's. and declared a OF
times by courts Of unquesttoned learning and ability.
Is there sufficient In the early methods adopted by
any State to overcome the ordinary rule OF construc
ton. applied to ths provision OF the Federal Con,
stltution, and makesvalid this method. As yet
the showing for the law by reference TO early history
and State action is weak and far from conclusive.
Under the new apportionment OF congressman,
Michigan will have fourteen electors BY what
mathematical process OF reasoning the taking away
from eao eect0 the right to cast his ballot for twelve
Of these electors brings the election OF President
nearer the people cannot comprehend Certain IL
Is that at early day separate action by Congressional
districts was condemned and by none perhaps more
strongly than Judge Story. MOSES TAGGART.
Grand Rapids, Mich, May IS, 1891.