Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-17

The United States Supreme Court, By Chief
Justice Fuller. today affirmed the judgment
OF the Michigan supreme court upholding the
oonstitutionality Of the famous Miner Law.
providing for the election Of presidential
electors by congressional districts In
stead Of BY the state as . whole The court
holds that the fourteenth amendment did not
limit the right OF q state to FL a mode Of choos-
ing electors. The conceded effect Of the de-
cision is to give part at least of the Michigan
vote to Cleveland.
WHAT THE CHIEF JUSTICE SAID.
Chief Justice Fuller in announcing the con-
eiusion Of the court on the cases said that the
court made the announcement at this time be-
cause Of an eHigency suggested by counsel
requiring earlier action Hereafter the
court would file an opinion setting
forth more fully the grounds on which It had
decided the case. In his brief snnounceme Mt
of the decision the court said:
We are OF opinion that the objections TO act
No. so OF the public laws of Michigan Of 1891.
based upon matters Of local law having been
ruled by the supreme court Of Michigan sdver-
sely 70 plaintiffs In error, whose conclusions
In that regard we are not authorized
to revise, the decision Of the federal questions
involved was necessary and the validity Of the
law a. repugnant to the Constitution and laws
Of the United States, having been drawn in
question and decided, and the decision
being In favor Of its validity, this
court has jurisdiction under section 7Os Of the
Revised Statutes. The judicial power OF the
United States extends TO all cases Of law and
equity arising under the Constitution and laws
Of the United States. and this is a case SO
arising for the reason Just stated
We concur with the supreme court Of Michi-
s0 far act n firss v-it
act of Congress OF February 8, 1857, in the
particulars pointed out and In respect Of which
Congress possesses the power to legislate II ID
imperative only to that extent, but that the
act Is not for that reason void and may stand AZ
SO modified.
We also hold with that court that in view O.
the language of the second clause Of the first
section of article II Of the Constitution and the
contemporaneous and subsequent construc-
ton of that language in prac-
tice, this act cannot now be held
invalid for want of power in the state legisla-
OF President and Vice President of the
United States as therein prescribed.
And we are clear that that
clause Of the first section of article III has no,
been changed by the l4th amendment to the
constitution and this act is not obnoxious 10
objection on the ground Of conflict with that
amendm ent
We make this announcement at this time
because of an exigency suggested as apparently
requiring immediate action under the state
statutes and will hereafter file an opinion stat
ing fully the grounds Of this decision. The
judgment of the supreme court of Michigan is
affirmed and the mandate will issue at once.
The decision today obliterates the last
hope Of the republicans that the Miner law
might be invalidated in court and that
the election in the coming presidential
contest might be decided on the old plan of
giving the whole vote of the state to the party
having plurality in state at large. IL is con-
ceded that the result will be to give at least a
part OF the electoral vote Of Michigan TO the
democrats. The opinion was unanimous.
THE EFFECT OF THE DECISION.
The decision of the Supreme Court in the
Michigan case was not a surprise, as il was a
prevailing opinion among lawyers that the court
would sustain the law. The consequence of the
decision will be that Mr.. Cleveland
will get share of the electoral
votes of the state of Michigan. When the
democrats got control of Michigan at the
last tidal wave election they enacted the
Miner law, which provided that all the
presidential electors, except two at large.
shall be selected by congressional districts
instead Of all being elected at large. The OBJ
ject Of the law was. of course. to enable the
minority party TO secure q minority represen-
tation among the electors.
Michigan has fourteen electors Twelve of
these will be chosen by the congressional dis
tricts, SO that where the democrats elect Con-
gressmen they will also get electors. though the
state as a whole has a majority against them.
They are conceded to be reasonably sure Of
three electors under this law, and they may get
as many as six.
This decision, therefore, NAV very materially
affect the result of the presidential election.