Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-12

ASHINGTON, OcL lL-AltnOugh Qen
mite agreement has not yet been reached it is
very probable that the United States Court
will go in a body to Chicago next week tc
attend the Worlds Fair dedication cere.
monies There is some difference in opinion
among the Justices and it will be two OF
three days before the official announcement
of the intentions of the Court is made, but
preparations are making for the Courts visit
All Justices are likely to 60 except Justice
Field and Lamar who are not in good
health and do not care to endure the strain
of hasty trip to Chicago and back. The
Court will probabl y adjourn Tuesday or
Wednesday of next week if it decides to 60
and will arrange so as to cause as little de-
lay as possible to work here.
An informal understanding had been
reached by which the Lake front cases went
over until tomorrow to make a way for ar
gument in suit in test of constitutionality
of the Miner law in Michigan providing
for the election of Presidential electors byCon-
gressional districts. The object of the Court
IN programme is to permit Chief Justice
Fuller, who cannot sit in the Lake front
cases, to take part in the Michigan cases.
and then leave here for New York to attend
the Columbus celebration there tomorrow
and Thursday.
A Decision Before the Election.
The advancement of the Michigan case
will also have the effect of enabling a decis-
ion to be rendered in advance of the Presi-
dental election. The case comes here on ap-
peal from the decision of the Michigan Su-
preme Court, affirming the constitutionality
of the Miner law. The title is Mcpherson
ct al, plaintiffs in error, VS.. Blacker, Secre-
tary of State.
A motion was made and immediately
allowed by the Court to have the argument
of the Michigan case proceed at once.
After entry of sundry motions Colonel II.
NJ. Duffield, of Michigan, arose and opened
the case for Mcpherson ct al, who repre-
sent the Republican party, which is seeking
to have the law declared unconstitutional
The political aspect of the case is very pro-
nounced. as it is conceded that the effect of
the decision in favor of the validity of the
law will give some of Michigan's electoral
vote to the Democrats. That Republicans
appreciate its Importance both in this cleo
tion and in its possible tar-reaching conse-
quences in the future is shown by the ap-
pearance of Attorney General Miller in the
case as one of the counsel on the Repub-
lican side of the question.
The Attorney General as Private Counsel.
The Attorney General did not appear in
his official capacity, but as private coun-
Eelor. He took part in the argument. 1t
is very unusual in this country for the At
torney General to participate in private
o0d his N r.
ject of talk among lawyers The attorneys
who took part in the argument to-day are,
Attorney General Ellis, Judge Chaplin,
formerly of the Supreme Court of Michigan,
and Otto Kirsc hner, formerly State Attor-
ney General, in favor of the constitution
ality of the law, and on the other side were
H. NJ. Dufheld and Attorney General Mil
Ter, and + frederick A. Baker, leading
Democratic lawyer of Michigan, who is re-
tanned on the Republican side of the case.
In his argument, Mr.. Duffield relied
principally upon the contention that the
Miner act as in violation of the fourteenth
amendment to the Constitution, declaring
that no State shall m axe or enforce any law
abridging the privileg es of citizens of the
United States, and that as at the time of its
adoption citizens could vote for all electors
that system could not be changed. This
amendment and the thirteenth and ff-
teenth amendments, he insisted, created
citizenship of the United States, and it was
in violation of the Con stitution for the
State to deny to each citizen the right to
vote for all of the Presidential electors to |
which the State is entitled.
An Inquiry From the Bench.
Justice Gray inquired if he held that the |
Legislature could not choose the electors !
ITSELF Mr.. Duffield replied in the afirma- |
tive. The three great postwar amend |
ments, he asserted, put into the Constitu-
tion O guarantee to every citizen to be |
treated alike and made national citizen
ship where there had heretofore be en- cit
izenship only by virtue of citizenship in
State.
Messrs Champlin and Kirschner, as their
first point, raised the question of juri sdic-
tion, maintaining that in the form in W hich
the case came here, viz, an application for
q writ of mandamus to compel the Secretary
of State of Michigan to give a certain notice
OF the coming election. It was not review
able in Federal court, but only in State
court
Mr.. Duffield's points were answered, and
with reference to the fourteenth amend
ment it was contended that its sole object
was to prevent discrimination, and had no
application to cases where all citizens were
treated 2llke. Mr. hlrscnner MADE strong |
point of the political nature of the case, and
cited precedents to show that the court had
ruled that political questions must be left
for settlement to the political departments
of the Government, and in this part of his
talk he several times turned apparently in
tentionally toward Attorney General Miller.
Justice Field Takes Hand.
Several times the courts have made the
mistake of passing upon purely political
and in every instance the re-
suit was fall of the bench in public estima-
tion. He was proceeding to argue that the
matter of Presidential electors was one over
which the State Legislatures, as the politi-
cal representatives of the States, had COM
plete control, when Justice Field, inter-
rupting, asked: "Could the State Legisls-
ture delegate to Ann Arbor College the
right to appoint these electors?"
Mr. Kirschner with some hesitation)-I
don't see why not
To this the Justice replied rather curtly-
1 don't see why not either, from your line
Of argument.
Mr.. Klrschner, proceeding, said that the
policy of changing the method of selecting
Presidential electors might be questioned,
but he had never heard the legality of any
,ha N oe ouAstiaued |