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

| authorize one Congressional district to Sc.
lect the electors for the whole State?
Mr.. Kirschner replied: "Yes, Your
Honor" to which Attorney General Ellis
added, "But there is no danger of It"
Mr.. Klrschner in his argument deplored
the tendency to bring all disputes into
court, and said this was an attempt to en-
broil the court n a political matter which
belonged solely to the political departments
Of the Government
Unjust Apportionments Common.
Attorney General Miller, in his opening,
answered as follows: 81 hold it to be one
Of the most hopeful signs of the times that
the courts are either arousing or are being
aroused to the fact that if the rights of the
people Of the United States are to be pre-
served by an observation and enforcement of
the law, and that they are prepared to
take and are taking by the wrists, political
bosses who, assuming that questions are
purely political, are committing grand lar
ceny with reference to the rights of the peo-
pie of the United States In SAYING this I
am not saying 1t as partisan. am per-
fectly well aware that the people have been
robbed by unjust apportionments by the
party to which belong, as well as to the
party to which am opposed and 1t is high
time that the courts should say to these
worthless, it is just as much larceny to steal
political right as it is to steal private
property. Hence / say if this case comes
here In such way that the court may prop
erly take hold of it, it is not only q right
but it seems to me the highest opportunity
Tor the court to serve the country and help
to preserve its institutions"
Mr. Miller argued that the trainers of the
Constitution intended that the States should
1ar I'D 81 xhotf ha
of choosing electors was granted not to the
Legislatures but to the States, the Legisla-
ture simply having the duty of fixing the
manner OF execution of the power.
Has Been in Operation Before.
Justice Gray-Was the district system
while in operation ever challenged as being
beyond the power of the Legislature?
Mr.. Miller-My understanding is that it
one election in which the decision would
have been determinative of the election.
Mr. Dufiield inter that that was
time when electors were free to exercise
their personal preferences.
Justice Gray-Does it appear that that
theory has ever been changed by the Con-
stitution? [Laughter]
Attorney General Ellis, of Michigan,
closed for the State. He said that it was
only the exigency of a political emergency
which had caused the point to be raised that
the district system was unconstitutional.
In 1876 party spirit ran SO high that an
Electoral Commission was appointed and
Samuel j. Tilden was counted out and
Rutherford B. Hayes counted in, but
nobody has questioned the fact that Colora-
do electors had been appointed by the
Legislature
A Slap at the Hayes Commission.
He was reading some opinions of Repub-
lican members of the Electoral Commission
on this matter, when Justice Field asked to
have the authority given. 1t was done,
and the Justice replied: 'Most people
think the least said about that the better"
II. A. iker closed the case. His line
OF argument was that the Constitution con-
templated a system of selection of Presi-
dent by personal preferences of President
al electors, but Constitutional design was
incapable of execution and that by usage
had been established the selection of
electors and of President by votes of whole
States and that by the fourteenth amend
ment this change of conditions was recog-
nized and q national citizenship estab- |
ished. Before that amendment a State |
might refuse to participate in President |
al election or cast its votes as it pleased, |
out now if all citizens of Michigan save |
,ne foreswore their rights in a Presidential |
election and decided that they would not |
participate, that one citizen would have |
he right to cast the vote of the State.
1t was decided to hear the argument In |
he Lake front cases beginning tomorrow,
he Illinois Central railroad to have four |
hours and the State and Federal Govern |
uents the same time between theul