Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1892-10-22
UPHELD BY THE COURT
Supreme Justices Arc Unanimously of tho
Opinion That tho Michigan Electoral
Law Is yaiid-Enect of the Decision.

Law Is vaiid-Enect of the Decision.
WAsHNGToN, Oct 1S.--The United
States supreme court, by Chief Justice
Fuller, has affirmed the Judgment of
the Michigan supreme court, uphold
ing the constitutionality of the famous
Miner law, providing for the
election Of presidential elec-
tors by congressional districts instead
of by the state as whole. The court
holds that the fourteenth amendment
did not limit the right of state to fix
a mode of choosing electors. The con-
ceded effect of the decision is to give a
part at least of the Michigan electoral
vote to Cleveland.
Chief Justice Fuller in announcing
the conclusion of the court in the case,
said that the court made the announce
ment at this time because of an ext
gency suggested by counsel requir-
ing early action. Hereafter the
court would file an opinion setting
forth more fully the ground on which
it had decided the case. In
the brief announcement of the deci-
sion the court said that in the case of
Mcpherson VS.. Blacker the secretary
of state of Michigan, in which was
drawn in question the public laws
of the state of Michigan (the Mi
ner law providing for the cleo
tion OF presidential electors by
congressional districts and for the elec-
tion of electors at. large sby dividing
the whole state in two parts) the SUI
preme court of Michigan had ruled ad-
versely to the plaintiff in error upon
the validity of the local law. In so de-
Gliding the federal question was neces-
sary to be passed upon and the validity
of the constitution and laws of the
United States had been drawn into the
matter because of this federal question.
The chief justice said that this court
ruled that it has jurisdiction of the
case under section 7O9 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 finaD. Having established
its jurisdiction in the matter, the
court then dashed to pieces the hope of
those who had appealed in the case from
the Michigan supreme court by affirm
ing the decision of the Michigan court
which had ruled that the Miner law
was constitutional. The chief
justice said that tine court
ruled that in view of the language of
the clause of the constitution giving
to the state legislatures the right
to determine the method of choos-
ing presidential electors and of
the contemporaneous instruction, it
cannot now be held invalid
Of ~ pfo - L.,
latures to pass such law. 1--WE are
clear that the clause of the first section
of article of the constitution has not
been changed by the fourteenth amend
ment, and that the law is not obnoxious
to that amendment"
1t is probably the most important de-
| cision of a political nature that the
| supreme court has made in many years,
as it affects not only the electoral vote
of Michigan, but fixes precedent by
which other states can adopt the Mich
| igan method of choosing presidential
| electors from congressional districts.
In view of the prominence of politics
in the case it has been expected that
there would be some difference of
opinion among the justices and the una
prise. Six of the judges-Harlan, Gray,
Blatchford, Brown, Brewer and Shiras
are republicans, while only three OF
them-Fuller, Field and Lamar
are democrats. But the quick
ness with which the case was
| dispatched and decision reached in
dicates that there was at no time a
difference of opinion among any of the
| justices as to the entire legality of the
law. The hearing of the case occurred
only few days ago and since that
time Chief Justice Fuller has been alb
sent four days in New York. The only
coli l-crence which the justices have had
was on Saturday afternoon, when half
an hour was spent in considering the
| Michigan case.
The decision obliterates the last
hope that the Miner law might be in.
validated in court, and that the cleo
tion in the coming presidential contest
might be decided on the old plan OF
| giving the whole vote of the state tc
the party having plurality in the
state at large. The opinion was unan.
| imous.
The Miner law provides for the elec
| tlon OF presidential electors by congress
sional districts instead of by the state
at large. Instead of securing fourteen
electors from Michigan, as they natur
ally expected, the republicans will, as
result, get only ten, and possibly moi
more than nine votes. The democrats
are certain of four, and they claim
they will get five of them. The de
cision one of the most important deliv
cred by the supreme court Heretofore
it has been the rule, and has been be-
lieved to be the only constitutions
aw, to elect electors by the state at
large. Thus if the number of repub
lican congressional districts in any
state outnumb bered the democratic dis
tricts, the entire electoral vote o.
that state has been given to the
republicans, and vice versa. Thu.
were the vote in the congres
sional districts of Illinois next month
to be the same as it was two years ago
leaving the two congressmen-at-larg'
| ont of consideration the electoral yot,