Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-10-12
STATE OR DISTRICT
Which Should Chooes the Pres
.identiaI Electors?
MICHIGAN'S MINER LAW ON TRIAL.

The National Supreme Court to Pass
Thereupon-Attbrney General Miller. in
His Private Capacity, Makes an Argn-
ment-The Election a State Affair in
Which Every Citizen Has n Right to
Vote for All the Electors-The Time
Ripe for Settlement of the Question.
WASHINGTON, Oct. 12.-The supreme
n'urt of the United States yesterday heard
the arguments Of counsel in the matter of
the appeal from the supreme court of the
state of Michigan involving the constitu-
tlonality of the law passed by the legisla-
ture of that state providing for the election
OF presidential electors by districts. The
motion to advance was made by H. NJ.
Dufiield, counsel for the appellants, and at
once granted by the court. Plaintiffs at
torneys were II. NJ. Duf1ield and E. A. Ba-
ker. For the defense were Attorney Gen
eral Ellis and Otto Kirchner. Mr.. w. H.
ii. Miller, attorney general of the United
States, also appeared and made brief ar
gument against the validity of the state
law
The Attorney General I'm the Case.
The argument of Attorney General Mil
Ter in the case was unexpected. He did not
appear in his official capacity, however but
as an ordinary attorney at the request of
Mr.. Dufield. But in view of the president g
suggestion in his message to congress last
winter, referring to the desirability of uni.
form practice in the matter of choosing
presidential electors, and of the relations
between the president and his attorney gen.
eral, Mlller's remarks possess unusual sig
nlficance. In the course of Kirchner's argu-
ment he insisted that the case should have
no standing in the court for the reason that
it was the result of a conspiracy by the Re
publican party to drag the supreme court
of the United States into politics
Thinks the Time to Settle 1t Is Now.
Miller paid some attention to the asser-
ton in his remarks. He said: 81 shall
occupy but few minutes as / have but re-
Gently come into the case. AS a prelimi-
nary / would suggest that there may never
be better time to decide this question
than now. For many years the laws have
been in entire uniformity until this act of
the state of Michigan was passed; and now,
at the very threshold, before any action has
been finally taken or the election of the
president has been challenged-now, if
ever, it should be once for all settled and
determined what Is the rule of action in
this matter, if there il a case here proper
ly presenting the question
The Courts Doing About Right.
Il want to say one thing further pre-
hminary, differing from the gentleman who
has addressed you, that l hold it to be one
of the most hopeful signs of the times that
the courts are arouslng, or are being
aroused, to the fact that if.the rights of the
people are to be preserved they must be
preserved by an observation and enforce
ment of the law; and that they are pre-
pairing to take and are taking by the throat
the various political bosses who, assuming
hot hn
committing grand larceny without refer
ence to the rights of the people of the
I nited States. And in saving this l am
not saying il partisan.
Both Parties Need Discipline.
Il am perfectly well aware that the people
have been robbed by unjust apportionment
by the party to which belong. as we'll as
by the party to which 1 am opposed: and it
is high time that the court should, once for
all, say to these worthies: 1t is just as
much larceny to steal a political right as it
is to steal private property. Hence, / say
that if this case is here in such a way as
that the court may properly take holL of it,
it is not only the duty but it seems to ba
the highest opportunity for the court to
serve the country and help to preserve its
Institutions.
Meaning of the Constitution.
''Now, if the court please, there are two
or three provisions of the constitution and
two or three suggestions growing out of
these provisi ms, to which l wish to call
attention and shall do it very briefly. not
celebrating them because / have not the
time and because l have not made such
preparation as to justify me in taking up
time which may be very much better used
by my associates. | want TO call attention
to the fact that it was the purpose of the
trainers OF tn constitution that in the cleo
ton OF. president the states should act
and should be represented as states; that
there was purpose to maintain the dual
character of the government in that re-
gard. and that this is n provision for state
action and that 1T was done on purpose.