The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-10-18
Tammany at Its Old Trick of Fraudu-
lently Naturalizing Foreigners.
rapers Speedily Issued by Its Court Tools to
Those Who Will Vote the Democratic Ticket
and Denied to Republican Applicants
CAN ELECT by DISTRICTS.
Michigan's Plan of Choosing Electors Hole
10 BE Valid by the Supreme Court.

Michigan's Plan of Choosing Electors Held
to he Valid by the Supreme Court.
WAsHINGToS. Got. THE United States
Supreme Court, by C~hief-jusricc Fuller, to-
day affirmed. in q preliminary opinion. the
Judgment of the Michigan Supreme Court,
unfolding the constitutionality of the
famous Miner law, providing for the cleo
ton of presidential electors by congress-
,onal districts. instead of by the State as a
whole. The court holds that the four
tenth amendment did not limit the right
of q State to fix a mode of choosing electors.
The decision obliterates the last hope OF
tie Republicans that the Miner law might
be invalidated in court and that the cleo
ton in the coming presidential campaign
might be decided Oh the old plan of giving
the whole vote of the State to the party
having q plurality in the State at large.
1t is conceded that the result will be TO
give at least q part of the electoral vote
ion was unanimous. Following 10 the de-
cision as rendered by the Chief.justice:
MCPHERSON ct al. vs. Blacker, Secretary OF
state. In error TO the Supreme Court OF Michigan.
We arc Of opinion that the objections To act
No. 30 Of the public laws OF Michigan of 1891.
based upon ul1LttIS Ol local law, ndNl01 Dttn
ruled by the supreme Court OF Michigan adverse
IL 10 plaintiffs in error. whose conclusions in that
regard we are not authorized TO revise the decis-
Ton OF the federal questions involved was necess-
AIRY, aud the validity of the law as repugnant 10
The Constitution and laws OF tho United States
having Deen drawn In question and decided, and
the decision being in favor or its validity this
court has Jurisdiction, under Section 700 of the
revised statutes. The judicial power of the
United States extends to all eases OF law and
of the United States. and this is a case SO arising,
for the reason Just stated.
We concur with the Supreme Court of Michigan
that so far as act No. so conflicts with the &C Z OF
Congress Of Feb. 3, 1887, in the particulars point
ed out and in respect of which Congress possess
es the power to legislate, It IA imperative only
TO that extent, out that the act Is not for that
reason void and may stand as so modified.
We also hold with that court that. in view Of
the language OF the second clause OF the first
section OF Article 2 OF the Constitution and the
contemporaneous and Subsequent construction
OF that language in practice. this act cannot now
be held invalid for want OF power in the State
Legislature TO provide for the appointment of
electors OF President and Vice-prcsident OF the
clear that that clause of the first section OF
Article 2 has not been changed by the four
teenth amendment TO the Constitution. and that
this act is not obnoxious to the objection Oh the
ground of conflict with that amendment.
We make this announcement at this time be-
cause of an ~exigency suggested as apparently re-
utes, ana will hereafter fle an opinion stating
fully the grounds OF this decision. The ludg-
ment OF the Supreme Court OF Michigan IL
affirmed, and the mandate will issue at once.
Chief-iustice Fuller also announced that
on motion of Attorney-general Scott. of
Virginia, q rule would be issued returna-
BILE OH the second Monday in November,
calling on United States DistricG judge
Paul to show cause why the case of Deputy
United States Marshal Joseph CurricO,
charged with the of n man he want
ed to arrest, should not be transferred to
the State courts.
Justice Shiras was ASSIGNED to the Third
judicial circuit, to succeed Justice Harlan,
temporarily assigned TO that circuit on the
death of Justice bradley.
Encouragement Miller moved for q writ
of certiorari to bring before the Supreme
Court the case of the United States VS.. the
steamship Itata. In this case the lower
court decided against the right of the
United States to seize the Itata for carry
ny arms 10 the opponents of Balmaceda's
government in Chilli. and q speedy deter
mination of the question by the highest
nanrt - ranfaA