Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-18
THE MINER LAW GOOD.
A Unanimous Opinion of the United
States Supreme Court
SETTLES THE yEXED QUESTION.
Chief Justice Fuller Renders the Decision
Unexpectedly.
JUSTICE sHIRAS GETS HIS nISTRICT

WASHINGTON, Oct. t17.-The United
States Supreme Court, by Chief Justice
Fuller, to-day affirmed the judgment OF the
Michigan Supreme Court, upholding the
constitutionality of the famous Miner law,
providing for the election of Presidential
electors by Congressional districts instead of
by the State as a whole. The court holds
that the fourteenth amendment did not
limit the right of State to fix mode of
choosing electors The opinion was unani-
nous
Chief Justice Fuller in announcing the
conclusion of the court on the case, said
that the court made the announ cement at
this time because of an exigency sugge sted
by counsel requiring early action Here
after the court would file an opinion setting
forth more fully the grounds on which it
had decided the case. In his brief an
nouncement of the decision the Court ssid
that in the case of Mcpherson versus
Blacker, the Secretary OF State OF Michi-
gan, in which was drawn into question the
public laws of the State of Michigan (the
Miner law) providing for the election of
Presidential electors by Congressional dis
tricts and for the election of electors-at-
large by dividing the State in two parts the
Supreme Court of Michigan had ruled ad-
versely to the plaintiff in error upon the
validity Of the local law. In SO deciding
the Federal question was necessary to be
passed upon and the validity OF the Consti-
tuition and laws of the United States had
been drawn into the question because OF
this Federal question.
No Doubt as to Jurisdiction.
The Chief Justice said that this court
ruled that it has jurisdiction OF the case
under Section 709, Revised Statutes, the
Democrats having raised the point that the
question was one of local law, in which the
decision of the State Court was final. Hav-
ing established its Jurisdiction in the mat
ter, the Court then dashed to pieces the
hope of the Republicans who had appealed
the case from the Michigan Supreme Court,
bv affirming the decision of the Michigan
court, which had ruled that the Miner law
was constitutional.
The Chief Justice said the Court ruled
that in view of the language OF the clause
of the Constitution giving Legislatu res the
right to determine the method of electing
Presidential electors, and its contemporan-
eous construction on the act cannot be held
invalid for want of power IN State Legisla-
lures to pass such law. "We are clear,
he added, ''that the clause OF the first Sec
tion OF Article of the Constitution has
not been changed by the fourteenth amend
ment, and that the law is not obnoxious to
that amendment"
Colonel Duffield, of Detroit, in arguing
the case tor the Republicans had insisted
that the fourteenth amendment established
the citizenship of the United States where
the State citizenship had heretofore been
supreme, and that its language forblddlng
the abridgement of the privileges of citi-
zens had the effect OF preventing the States
from changing the method of choosing cleo
tors then in vogue.
A Great Help for the Democrats.
The decision to-day oDliterates the last
hope of the Republicans that the Miner
law might be invalidated in court, and that
the election in the coming Presidential con-
test might be decided on the old plan of
giving the whole vote of the State to the
party having plurality in the State at
large 1t is conceded that the result will
be to give at least a part of the electoral
vote of Michigan to the Democrats.
The Supreme Court this afternoon ad-
journed until Monday next Chief Justice
Fuller announced that on motion of At
torney General Scott, of Virginia, a rule
would be issued returnable on the second
Monday in November, calling on United
States District Judge Paul to show cause
why the case of Deputy United States
Marshal Joseph C. Currieo, charged with
the murder of man he wanted to arrest,
should not be transferred to the State
courts.
Justice Shiras was assigned TO the Third
Judicial Circuit, to succeed Justice Harlan,
temporarily assigned to that circuit on the
death of Justice Bradley.
Attorney General Miller moved for
writ of certiorari to bring before the Su-
preme Court the case of the United States
VS. the steamship 1tata. In this case the
lower court decided against the right of the
United States to seize the Itata for carry
ing arms to the opposition to Balmaceda's
Government in Chile, and a speedy deter
mination of the question by the highest
court is wanted.
Chief Justice FuIler's Opinion.
The following is the full text of the pre-
llminary opinion rendered by Chief Justice
Fuller in the Michigan case:
No. 1170-McPherson ct al VS.. Black,
Secretary of State. In error to the Supreme
Court of Michigan.
We are of the opinion that the objections
to Act No. so of the public law of Michigan
of 1891, based upon matters of local law,
having been ruled by the Supreme Court OF
Michigan adversely to plaintiffs in error,
whose conclusions in that regard we are
not authorized to revise, the decision of the
Federal question involved was necessary,
and the validity of the law as repugnant to
the Constitution and laws of the United
States having been drawn in question and
its validity, this court has Jurisdiction under
Section 709 OF the Revised Statutes. The
judicial power OF the United States extends
TO all cases Of law and equity arising under
the Constitution and laws of the United
States, and this is q case so arising, for the
reason just stated.
We concur with the Supreme Court of
Michigan, that so far as Act No so conflicts
with the act of Congress OF February 3, 1887,
in the particulars pointed out, and i'll res
pect of which Congress possesses the power
to leglSlQtp. 1T luOD9ratly6 Only to that
tent, but that the act is not for that reason
void, and may stand SO modified.
We also hold with that Court that in view
of the language of the second clause of the
first section of Article of the Constitution,
and the contemporaneous and subseQuent
construction of that language in practice,
this act cannot now be held invalid for want
of power in the State Legislature to provide
for the appoin tment of electors of President
and Vice President of the United States, as
therein prescribed and We are clear tnat
that clause o, the first section of Article IL
has not been changed by the fourteenth
amendment TO the Constitution. and that
this act is not obnoxious to the objection Oh
the ground of conflict with that amend
lnent.
We make this announcement at this time
because OF an e1iGency suggested appa-
rently requiring immediate action under the
opinion stating fully the grounds of this de-
ctsion. The judgment of the Supreme Court
of Michigan is affirmed, and the mandate
will issue at once.
A New Steel Speciality Company.
Yesterday the Frank-Kneeland Machine
e .soI