Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-10-18
STATE is SUPREME.
When 1t Comes to Methods of
Choosing Electors.
DECISION IN THE MICHIGAN CASE

The Miner Law Stands Passed by the
Legislature AS to the Important Provis-
ions-What May Happen as the Result
Governor Flower Declines to Pardon
for Campaign Purposes-Meeting of the
Wisconsin LegisIature-The Minnesota
Fusion Ticket Case Argued-Political
Field Notes.
WASHINGTON Oct. 1S.-The United States
supreme court by Chief Justice Fuller,
yesterday 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 a state tC fix mode OF
choosing electors. The conceded effect of
the decision is to give part at least of the
Michigan electoral vote to Cleveland
VIII File an Opinion Later.
Chief Justice Fuller, in announcing the
decision of the court in the case. said that
the court made the announcement at this
time because of an exigency suggested by
counsel requiring early action. Hereafter
the court would file opinion setting
forth more fully the grounds on which it
had decided the case In the brief an
nouncement of the decision the court said
that in the case of Mcpherson VS.. Blacker
the secretary of state of Mich
igan, in which was drawn in
question the public laws of the
state of Michigan (the Miner law providing
for the election of presidential electors by
congressional districts and for the election
of eectors-at-large by dividing the whole
-4aA he. Of
Michigan had ruled adversely to the plant
iff in error upon the validity of the local
law. In so deciding the federal question
was necessary to be passed upon and the
meaning of the constitution and laws of the
United States had been drawn into the
matter because of this federal question.
Wasn't Local Issue.
The chief justice said that this court
ruled that it has jurisdiction of the case
under section 100 revised statutes 1.-THE
Democrats having raised the point that the
question was one of local law in which the
decision of the state court was finall. Hav-
ing established its jurisdiction in the mat
ter, the court then dashed to pieces the
hope of those who had appealed the case
from the Michigan supreme court by af-
firming the decision OF the Michigan court
which had ruled that the Miner law was
constitutional.
States Can DO ~ They Please.
The chief justice said that the court
ruled that in view of the language of the
clause of the constitutions giving to the
state legislatures the right to determine
the method of choosing presidential elect
ors and of the contemporaneous instTuc-
ton, it cannot now be held invalid for
want of power in state legislatures to pass
such law. I'VE are clear that the clause
of the first section of article ? of the con-
stitution has not been changed by the four
tecnth amendment, and that the law is not
obnoxious to that amendment"
Colonel DufReId's Argument.
Colonel Duffield, of Detroit, in arguing
the case for the Republicans, had insisted
that the fourteenth amendment established
the citizenship of the United States when
the state citizenship had heretofore been
supreme, and that its language forbidding
the ahridgement of the privileges of citi-
zens had the effect of preventing the states
from changing the method of choosing
electors then in vogue. The decision
obliterates the last hope that the Miner
law might be invalidatcd 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 a plurality IN the state at
large. The opinion was unanimous.
Some Speculative Figures.
The effect of the decision and the division
of the electoral vote may be striking if
New York and Indiana vote for Cleveland
and the Republicans succeed in wrestling
Connecticut or West Virginia from the
Democratic column. If the solid south,
New York, Indiana and New Jersey voted
for Cleveland and Connecticut for Harri-
son, Cleveland would lose by tie vote.
Michigan would then throw the decisive
votes in his favor. even if there were only
three of them. The same situation would
exist if Cleveland carried Connecticut and
lost West Virginia. He could not lose
both states and be elected by the people
even with the help of Michigan, unless he
got nine of her fourteen votes.
Would Throw 1t into the House.
Republican success in both Connecticut
and West Virginia if they lose New York
will come to nauCht if Nevada and Colo
RADIO throw their seven votes for Weaver.
The electoral college will then stand Har-
rison, 219; Cleveland. 21S; Weaver, Z, and
there would be no election by the people.
The house would elect Cleveland on a vote
by states and the senate would choose Reid
for vice president.