The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-10-12
THE MICHIGAN GeRRYMANDER.

Tx mlCf7lOHIN 6ehf1 mHND6R.
WASHINGTON, Oct. 1.-THE Michigan
case, which comes here on appeal from the
decision Of the Michigan supreme court
affirming the constitutionality of the
Miner law, was argued today before the
supreme court. Colonel II. NJ. Duffield of
Michigan opened the case for Mcpherson
ct al, who represent the Republican
party, which is seeking to have the law
declared unconstitutional The political
aspect of the case is very pronounced, as
it is conceded that decision in favor of
the validity of the law will give some of
the Michigan electoral vote to the Demo-
Gratis. That the Republicans appreciate
its Importance, both in this election and
in its possible far-reaching consequences
in the future. is shown by the appearance
of Attorney General Miller in the case as
one of the counsel on the Republican side
Of the question.
Attorney General Miller did not appear
in his official capacity, but as a private
counselor. He took part in the argument
1t is very unusual in this country for the
attorney general to participate in a pri-
vate case. and his appearance today was
the subject of talk among the lawyers.
the attorneys who took part in the argu-
ment today were Attorney General Ellis
of Michigan, Judge Champlin, formerly of
the supreme court Of Michigan, and Otto
klrschner. formerly state attorney gen.
eral, in favor OF the constitutionaliJy of
the law, and on the other side ii. N. Duff
held. Attorney General Miller and Fred
erick A. Baker, IA leading Democratic
lawyer of Michigan, retained on the Re.
publican side of the case.
In his argument Mr.. Duffield relied
principally upon the contention that the
Miner act was in violation of the four
teenth amendment to the federal consti-
tutions
Justice Gray inquired if he held that the
legislature could not choose the electors
ITSELF and Mr.. Duffield responded in the
affirmative.
Messrs. Champlin and Kirschner raised
the question of jurisdiction. maintaining
that the application for a writ of mgnda-
mus to compel the secretary of state to
give notice Of election was not renewable
IN a federal court. Mr. Kirschner made u
strong point OF the political nature of the
case, and cited presidents to show that he
court had ruled that political questions
must be left for settlement TO the politi-
Cal departments of the government. In
this part Of his talk he several times
turned, apparently unintentionally,
towards Attorney General Miller He was
proceeding TO argue that the matter of
presidential electors was one over which
the state legislatures and political repre-
sentatives OF the states had complete con-
troll, when Justice Field, interrupIing,
asked:
Gould the state legislature delegate to
Ann Arbor college the right TO appoint
these elecuors?"
Mr.. kirschuer-I don't see why not
To this Justice Field replied, rather
curtly: Il don't see why not, either, from
your line of argument"
Justice Harlan-Could the legislature
authorize a congressional district to select
electors for the whole state?
Mir. kIrschner-NeS. Vour honor
But there is no danger of it," added
Attorney General Ellis.
Attorney General Miller, in opening.
said:
Il hold it to be one of the most hopeful
signs OF the times that the courts are
either arousiug or are being aroused to the
fact that If the rights OF the people of the
United States are TO be preserved they
must be preserved by the observance and
enforcement of the law, and that they are
prepared 10 take and are taking by the
throats the political bosses who assuming
that the questions are purely political. are
committing grand larceny with reference
TO the rights of the people of the United
States. ln saying this am not saving il
as a partisan. ! am perfectly we'll aware
that the people have been robbed by un-
Just apporuonments by the party TO which
l belong, as well as by the party TO which
i am opposed, and it is high time that the
courts should say To these worthless that il
is just as much larceny 10 steal political
right as TO steal private property. Hence
i say that IL this case comes here in sucn a
way that the court may properly take hold
OF Ii, it is not only right but it seems TO
me the highest opportunity OF the court
TO serve the country and to helm preserve
its institutions"
Mr.. Miller argued that the trainers of
the constitution intended that the states
should be represented as states. and that
the power OF choosing electors was granted
not to the legislatures but to the states
the Legislature simply having the duty of
fixing the manner of executing the power
Attorney General Ellis of Michigan
closed for the state. He said that it was
only the exigency of a political emergency
which had caused the point to be raised
that the district system was unconsritu-
tional. In 1876 party spirit ran so high
that AN electoral commission was appoint
ed. Samuel j. Tilden was counted out
and Rutherford b. Hayes counted in. but
nobody had questioned the TACT that the
Colorado electors had been appointed by
the legislature. he was reading some OF
the opinions OF the Republican members
OF the electoral commission on the matter.
when Justice Field asked 20 have tbs.
authority given. 1t was done, and the
Justice replied:
Most people think that the least said
! about that the better
Mr. Baker closed the case.