Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-06-18
SAYSlTMUST STAND
The Miner Law Is Declared
Constitutional.
FULL TEXT OF The OPINION
Its Manifest injust,ce conceded. Dm -
Justices Are Powefiess TO Set sho
Squswbuck Act Aside.


oonstituuonsllty Of the Miner slsctoral
lac enacted by the last legislatars-
The opinion. written 10y Justice Hont-
gamATy and coneurred in BY al The
other Justices. n appended in full:
Supreme Court OF M,cnlgsn. William
Mcpherson. Dr., st al. Va eo&ors r.
Biscker. secretary OF state. Flied June,
IL, 1892. Montgomery, The rs}
sators, who are candidates for the ONCE
OF electors OF president and vice psuail
dent placed IN nomination by the re1
publican party, ask for . mandamus tj
compel the respondent 10 give notice
OF an election 10 b< held on the firo1
Tuesday in November Lo oil said ofiosd
under the statute ln former years prot
slding tor An election of electors by IND
state ~ large.
the compiainants alieee that act Nol
80 OF the pubic acts OF 1891, known ~
the Miner law, 10 unconstitutional ant
void. Ii 10 first ayefre1 that the iaW u
question Is In conflict With article 2,
section ] , of the federal constitution a
this, that Il attempts ~ delegate -
portions of the state fixed ~ districts
by the Legislature the power 10 naub
electors, whereas the section refcTrJd
to, IL Is contended. confess this author
ity and duty upon the state ~ large
acting as corporate unit in its cor
porate capacity. Secondly, Il ~ con-
tended that even though the legislature
may thus delegate the authority 10 die
trich the law enacted ik fatally defec-
tive IN the following respecss: ta.)
That II violates article 4, section
20. of the constitution OF thls
state, which provides that no iaw
shall embrace more than one
object, which shall be expressed in lts
title, la that II provides for an election
of alternate electors, whereas the title
relates only 10 choosing electors. fh.)
son that II fails 10 provide means tor
canvassing the votes for electors in
those portions of Wayne county which
constitute the fret and portions Of the
second, sixth aud seventh electoral de-
tricts. tc.) That even il the election Of
alternate electors is valid the act nakse
no provision for filling the once In
case both the elector and the aiternate
shall die or become disqualified before
performing their dutss-
Most evidently the question OF great
est importance 10 that relative 70 the
true interpretatio ton Of section I Of artl--
Gle 2 of the federal constitution. The
provision OF that section 10 that Each
state snail appoint. IN such manner -
the legislature thereof may direct. .
number of electors equal 70 the whole
number OF senators and representative
~ which the state may he entitled ia
the congress-" On both sides it ap-
pears TO be conceded that The word
"state," a. here employed, means the
body polite and corporate. On the
part Of the relator il 10 contsnded that
the state must, IN the choice OF cleo
tors, act ne q unit and cannot delegate
the authority TO name electors TO any
fractional part OF the state as district
fixed for that purpose alone or for that
and other political action. On the part
OF the respondent II is contendsd that
the section IN question K,ves the legso-
lature plenary power 70 prescribe how
and IN what manner the state may
choose ite electors, whether by the leg
islature itself or by eli the electors vot-
ing for general ticket or by electors
voting in districts-
In Story on the Constitution, vol. 2,
page 304, fourth edition, IL 10 said: 'slt
ls observable that the language Of The
constitution 10 that each state shall ap-
thereof may direct the number Of
electors TO which the state 10 entitled.
Under this authority the appointment
of electors have been vanously pro-
vided for by the state legislatures. In
some states the legislature have ds-
rectiy chosen The electors themselves:
IN Others they have been chosen ty the
people by . general ticket throughout
the whole state. and iu others by the
people IN electoral dsstficss, flHed ~
the iegisiature, . certain numtser OF cleo
tore TO he apporuoned 70 each diserscl
No question bae ever arisen - 20 the
constitutionality Of eiIhef mode. eHcept
| that of . direct cholce hy TIE ieeiola~
ture. But this. though often doubted
| by able and INGENIOUS mlnds, has booo
| firmly established in prsctice ever
sInce the adoption Of the constitution,
and does not eeem 60 admit Of con1ro-
versy, even IL \ suitable tribunal ex-
listed 20 adjudicate upon n"
Ii the question were TO te determined
solely by the language employed IL
NAV be admitted that tbcre would b.
much force IN the contention that The
state must act as q unit aud that ne
lesser body could he delegated 20 per-
form any portion Of the duty vested tn
the state ~ . body corporate and u
might possibly te held that the words.
I'm such manner - the ieKAisture
thereof NAV direct" conferred only
the limited power Of directing how tBe
state, acting ~ IN entirety. shall Wako
its appointment. But in my 1ndgmsnt
these words are clearly susccptsb'e of .
consuuction which coniefs upon tie
Legislature the power 90 say how ths
state action shall he voeed-
In sncn . care resort is properly hal
20 contesnpoyapecns construction.
Judge Cooley. IN be work on the con-
ssjtuticn. save. trCouRmporaDeUuo
construction may copsisi amply N The
understanding with which the people
received IL at the time, or Ia the sooo
done in putting IL "a operation and
which necessarily aseune that q = -
be construed ~ . particular wny- In
the FIRST case u can have very lIt(1o
force because the evidences Of tkss pub
lie understanding, when nothing he
been done under the pfpsasope IN qneo-
too must always necessarily be vague
and Indecsslve. But where 1sert lsoo
been practical couGefnotsons wbr<b
hss been scguie~ce5 "a ~ . oonslder.
able period. considerations m favor u
sdbering 70 this eoBstfuctsoo sogDe-
times present themselves - the couft
with . piaossbilfsy and foroe WHICH n
- Dot easy 20 ree'et. Indeed, where =
particular constructson hae h,esn Gen.
erslir acceptec - cosre<t. And eupu-
csaIiy when this fsss occurred coutoe~
pornneousiy with the adoption o[
the conefstss,on. and by tbose ~bo hnd
opportunity 20 uuderslnf,d TIE inteu-
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