Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1892-10-20
MINER LAW UPHELD.

Decision of the Michigan Supreme Court
Affirmed at Washington
WASHINGTON, D. c., Oct. 1.-THE
United States supreme court, by Chief
Justice Fuller, to-day affirmed the iudg-
ment of the Michigan supreme court,
upholding the constitutiorality of the
famous Miner law, providing for
the election of presidential elect
ors by congressional districts
instead Of by the state as whole.
The court holds that the fourteenth
amendment did not limit the right of
state to fix mode of choosing electors.
The conceded effect of the opinion is to
give part at least of the Michigan cleo
toral vote to Cleveland.
Chief Justice Fuller, in announcing
the conclusion of the court in the
cases, said that the court made the
announcement at this time because of
an exigency suggested by counsel re-
quiring early action. Hereafter the
court would file an opinion setting forth
more fully the grounds on which it had
decided the case.
In his brief announcement of the de-
cision, the Court said that in the case of
Mcpherson VS.. Blacken, 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
presidential electors by congressional
districts and for the election of elec-
tors-at-large by dividing the whole
state into two parts, the supreme
court of Michigan had ruled adversely
to the plaintiff in error upon the validi-
ty of the local law. In SO deciding,
the federal question was necessary
to be passed upon, and the validity
of the constitution and laws OF
the United States had been drawn
into the question because OF
this federal question. The chlei lustlce
said that this court ruled that 1t has
jurisdiction of the case under section
zoe. revised statutes (the Democrats
having raised the point that the cues
ton was one of local law, in which the
decision of the state court was final.
Having established its jurisdiction IN
the matter, the court then dashed to
nieces the hope of tho Republicans who
had appealed the case from the Mlchl-
gan gan th bepied decision OF the Mich
loan court, which had ruled
fiat the Miner law was constitutional.
The chief Justice said that the court
ruled that in view of the language OF
the clause of the constitution giving. TO
the LEGISLATORS the right to determine
the method of choosing presl-
Dental electors and the contempt
raneous constitution, 1t cannot now
he held invalid for want of power IN the
state legislature to pass sucn law.
We are clear, he added, that the cause
of the first section of article OF Inc
Constitution has not been changed oy
tbe fourteenth amendment, ana that
the law IS not obnoxious to that amend
| ment. :4 - a~c,;no
the case for the Republicans hau IN.
sisted that the fourteenth anne nunens
established the citizenship OF the unI.eu
States where the state ciIlzen-
shin has heretofore been supreme,
and that it's language loTplas
the abridgement OF the PIlsns.so0
Of citizens had the effect OF pres ed =
the states from changing the metnou ~
choosing electors then In vogue. +no
IL Ln 800 IF the Republicans that the
1aG. law might be invalidated IN
n Nart ond that the election in the com,
;Grouunrasidential contest might be declueo
Ing pr pie old nlan of giving the whole vote
of the state to the party having p'ui"A
itv in the state at large.