Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-10-12

WASHINGTON, d. c., October l1.--In the
United States Supreme Court to-day the
Michigan Miner Law case came up. The
case comes here on appeal from the decision
Of the Michigan Supreme Court affirming
the constitutlonality of the Miner Law.
The title is Mcpherson ct al, plaintiffs in
error, VS.. Blacker, Secretary OF State.
A motion was made and Immediately al
lowed by the court TO have the argument
of the Michigan case proceed at once.
After the entry OF sundry motions, Col.
II. NJ Dufiield, of Michigan, arose aud
opened the case for Mcpherson a al, who
represent the Republican party which Is
seeking TO have law declared unconsti-
tutional Tho political aspect OF the case
is very pronounced as IL is conceded that
the effect OF the decision In Iavor Of the
validity OF the law will give some OF Mich
igan's electoral vote 10 the Democrats.
That Republicans appreciate It's import-'
ance both in this election and In its posi-
bic far reaching consequences in the future
is shown by the appearance OF
ATTORNEY GENERAL MILLER
in the case as one Of the counsel on Repub-
lican side Of the question.
The Attorney General did not appear In
his official capacity, but as private coun-
sellor. He took part In the argument. It
I
torney General TO participate in private
case, and his appearance to-day was sub
ject OF talk among lawyers. fhe attorneys
VINO took part in the argument to-day arc
Attorney General Ellis, Judge Chaplin,
formerly OF the Supreme Court OF Michi-
gan, and Otto Kirschner, formerly State
Attorney General, In favor OF the constitu-
tionality OF the law, and on the other side
were II. NJ. Dufield and Attorney General
Miller and Frederick A. Baker, q le ~3pg
Democratic lawyer OF Michigan, who
tanned on the Republican side OF the ca
Mr. Kirschner was proceeding 70 argI
that the matter OF Presidential electof
was one over which the State legislatures
as
THE POLITICAL REPRESENTATIVES,
of the States had complete control, when
Justice Field interrupting, asked:
Gould the State Legislature delegate 70
Ann Arbor College the right TO appoint
these electorSF
MIR. Kirschner with some hesitation)--
~ don't see why not"
TO this the Justice replied very curtly:
81 don't see why not either from your
line Of argument
Mr. Kirschner proceeding said that the.
policy of changing the IA 49, . '----A'
Presidential electors mig
but he had never heard the
change questioned.
JustIce Harlan-"Could the-L
authorize one Congressional distf.
lect the electors for the whole State
Mr. Kirschner-"Yes, your Hone
which Attorney General Ellis added
there is no danger OF IT,"
Mr. Kirschner, in his argument tdeplored
the tendency 10 bring all disputes into
court, and said this was
AN ATTEMPT TO EMBRon THE COURT
in a political matter which belonged solely
to the political department oi the govern
ment
Attorney General Miller argued that the
trainers OF the Constitution intended that
States should be represented as States ana
that the power Of choosing electors was .
granted not TO the legislatures, but 70 the
States, the legislature simply having tho
duty OF fixing the manner or execution OF
the power.
while In operation, ever challenged as be- +,
ing beyond the power OF the Legislaturep
Mr.. Mlller-"My understanding Is that
1t was not, and that there has never been
but one election In which the decision
would have been determinatiye OF the cleo
tionn
Mr.. Duffield interiected that that was =
time when electors were free 70 exercise
their personal preferences.
Justice Gray-"Does IL appear that that
theory has ever been changed by the con-
stitutionn Laughter.
II. A. BAKER CLOSED THE CASE.
His line of argument was that the constl-
tuition contemplated a system OF selection
of a President by personal preferences OK
Presidential electors, but constitutional
design was incapable OF execution, and
that by usage, had been established the se-
lection OF electors and OF President oy
votes Of whole States, and that oy TAG
fourteenth amendment this change OF cons
ditions was recognized and national citis
zenship established.