The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1892-10-21
DECISION.
Cleveland viii Get Part of the Michigan
Electoral Vote.

W - NJ
Electoral Vote.
, WASHINGTON. Oct. IT,. - The United
States supreme court, by Chief Justice
, Fuller, today affirmed the judgment OF
the Michigan supreme court upholding
the constitutinnality of the famous
Miner law, providing for the election of
presidential electors by congressional dis
tricts instead of by the state as a whole.
The court holds that the amendment did
not limit the right of the state to fix the
mode of choosing the electors. The con.
coded effect of the decision is to give
part of the Michigan electoral vote to
Cleveland. The court decided that the
law is invalid SO far as it conflicts with
the act OF congress of 1877 relating to
the time of the meeting of the electors.
h act is not obnoxious to the provis-
ions of the constitution comforting upon
the state legislature the power to fix the
manner OF choosing electors. The views
OF the court will be written at length
later.
The opinion by Chief Justice Fuller.
IN announcing the conclusion of the
court in the case, said the court made
the announcement at this time because
OF the exigency suggested by the counsel
requesting early action. Hereafter the
court would file the opinion setting forth
more fully the grounds on which it had
decided the case. In his brief announce
ment OF the decision the court said that
IN the case of Mcpherson vs.. Blacker,
the secretary of state of Michigan, IN
which was drawn in question the public
laws OF the state of Michigan (the Miner
law providing for the election OF presi-
dental electors by congressional dis
trictS and FOR the election of electors at
large by dividing the whole state into
W parts. The supreme court of Michi-
gan had voted adversely to the plaintiff
IN error upon the validity of the local
law. In so deciding the federal
question was necessary to be passed
upon and the validity of the constitu
ton and laws of the United States had
been drawn into question because of the
federal question. The chief justice sad
this cour rated that it has juris-
OF the case under section 100.
the revised statute. The democrats
having gained the point that the qups-
ton was one Of local law in which the
OF the state court was final
Having established its jurisdiction IN
The matter the cOur then dashed to
pieces the decision of the house of rem
'esentatlves who had appealed the case !
rom the Michigan supreme court, by !
iffirming the decision OF the Michigan
,ourt, which had ruled that the Miner
was constitutional. The chief JUS
ice said that the court in view of the
of clause of the constitution {
to the state legislatures the right =.
o determine the method of choosing !
he presidential electors and contempor, !
neous constitution, it cannot now be !,
leld invalid for want of power in the t
tate legislature to pass such "a law. We !.
re clearly OF the opinion that the clause :.
l the first section of article two of the a
has not been changed by =
he fourteenth amendment and that the
NV is not obnoxious to the amendment.
Col. Duffield, Of Detroit, in arguing the
ase for the republicans had insisted +,
nat the fourteenth amendn ent estab- :.
shed the citizenship of the United =
tates where the state citizenship had u
been supreme. and that its =,
!nguage forbids the abridgement of =.
ne privileges Of citizens and had the =,
Iect or preventing states from chang y
x the method Of choosing electors Their r
vogue. -
The decision today obliterates the last y,
lpe OF the republicans that the Miner u
W might be invalidated in court and
at the election in the coming Dresden
al contest might be decided on the old
an Of giving the whole vote of the state
the party having a plurality in the
ate at large. 1t is conceded the result u
be to give at least a part of the elect r.
al vote of Michigan to the democrats. =
~