New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-12
THE MINER LAW ATTACKED
.ARGU MEMS IN 1IlE SUPREME COIKl'
TESTING THE CoNsTITUTloNNLITY OF THf
PROVISION TO CHOOSE ELECTORS
By tTEICTs


Washington oct. HIN the supreme court 'o'u's
an Informal understanding was reached ny VIM" '
lake-front went until tom"Fro" 10
way for argument Of the suit to test IN" co">"'
tionality Of the Miner law in Michigan p'"''''"o ~
the election OF Presidential electors ny 'ohSIcH' ~
trcts This case came up to day Inc ool' VI "
change Is TO permit thcf-Iustce Fuller, VINO '''o'
SIT in the akc-front cases, TO take par III wv NV
"a - and then leave here for Newlork " a'l'"" vi"
Columbus celebration there tomorrow and THURSDAY
n will also enable decision to bc rendered b'lpr" inc
Presidential election The comes mere Oh apP'''
from the decision Of the Michigan supreme No"''
Affirming the c0nstituiionalty ~ the Miner INV III"
title is Mcpherson OF al, Plaintiffs IN err"r' "s''
Blacker Secretary OF State. 8,
Tho Attorney General appears in this case ho' u"
his official capacity. but n private conhS''or'
Among tho others who took part in th" arenhi'n
,odov vere Attorney General Ellis Judge Ihap'h'
formerly Of the supreme Court Of Michigan ana WI"
Eir,rhncr formerly State AiOrnty -ocn'tai. !" "''
OF the constltutionality Of the law. ana on Wv "'
side H. NJ Duffch and Attorney General Nii'r w"
Frederick 4. 1aher. 49,
case for Mcpherson OF al. who represented th' hpu
ucor Marty in his argument Mr.. DuIhh T'''"
nrIncipally upon the contention that inc N'"'' o."
uas I'm violation Of the Fourteenth Amendment W ''
Constitution declaring that no Stat" Sian n'h' "
enforce any law abidgng the privileges "' ''VA'"'
NJ tho United States. and NJ III" time oil us ao'i
oiu,,ns coi,ld vote for all electors, that system 'o""
not be changed. ,,.,,
Justice Gray inquired II no hcld that tn"
,rd M, choose tho electors itself. Mr. Dumeh
ro.nondcd in the affirmative III" three great P'''
u,r amendments he asserted. put into IN" '"H''u"
,,on n guarantee 10 every citizen to be- t'a''" ""'
and made National citizenship whore thNr" h'n "'
toforc been citizenship only by virtue o oiuh''"p
In state 10.
Messrs Chnmpln and krschncr, as their hrNt po'"'
raised the question Of jurisdiction. Maintaining I''
f., tho form I'm which the came here VIZ vi
nniico,i,n for A writ Of mandamuS 70 compel 'n'
secretary Of stat, 81 Michigan to give certain "'
~ tho coming election. II was not r'vle"ap" III !"
redcral court. but only In a state COURT ''' ~"
so,d. no,nts were answered.. and with rcf'rcr'" -
the Fourteenth Amendment. 1t was c'hl"hh"h tl' is
sole object was 10 prevent DISCRIMINATION ana III" Nv
anpIication 10 case, where all citizens were T'1'e1
oIikc Nh hirschncr made strong point 81 '''
ori,icol nature Of The case and cited prcccd"r'S IN
show that the cor, had ruled that political questions
mis-, bc of, for settlement to the political h'phr'-
ment, Of tho Government. lie "a' pr''"'olhS !"
argyle fiat the matter ~ Presidential cl'''r W.
ono over which tho state Legislatures a. m" P'A'ai
rcprcsentaIvcs Of the >tatc, had complete ''pu"!'
whom Justice Field. n,errupting asked "Cond IN"
state LEGISLATURE delegate 10 Ann Arh'r '"l'G; ''
rich, IN appoint the" clccior,l'
Mr. Eir.chncr with some hcstatonl-"l don't 500
why not
To tits the Justice replied rather curly: 81 d'n
soc why not either. from Your line of argument
Mr.. Kirschncr. proceeding. laid that tho policy Of
CHANGING the method Of selecting Presidential ELECTORS
might be questioned, but lie had never h''rn "
LEGALITY of any change questioned.
Justice Harlan Gould the Legislature au'horH"
ono rongrcs, district select The cl"ctor, for the
whole state ~
Mr.. Kir,chncr-~ Ycs Nour Honor TO which NJ
t,rncy cno raj Eli, added lu there j. no danger
Of it
Attorney General Miller In his opening an,T"rc1 ~
follows: Il hold il 10 be one Of tn most hopcl1l
,igns Of Tie times that the courts ac either ar"Nn-
Or are heinz aroused to tn" fact that il the rights 81
the people Of the United state, tp b" pfc>"r' cd
they must BE- prccr, ed by Observance ana cnioI'f
mont Of the law, and That they are pr"pirh I" ihNc
and are taking bv the wrists political bosses who
assuming that questions are purely political, al" CON
hitting grand larceny with rrfcrcnc" 10 the rShta 81
the people Of the United states. In saving tn, am
not saving IT -, partisan. / am perfectly wei
aware that the people have been robbed by unjust
apportionmcn hy the party 10 which ] belong. a.
wel n 10 the party which am opposed. and II l.
high time that the courts should say - th"'c ""'lhlc
il {, Just A. much larceny to steal political rGhi a
Il i, 10 steal private property ll"nc" say u 'h''
case comes here in .uch a way that the coat may
pIopcry take hold Of IT, IT /, moi only right. bat II
serve the country aud help prc,crv" IT. Institutions
Nj. Miller argued that the irnmcr, Of the 'onsu'u
ton intended that the states should bc represented
- states and that ia" power Of choosing Gle tors WIS
clancd not to the legislature. but to the states IA;
Legislature simply having the duty oi hAins lie man
ncr Of execution Of the power.
Justice ,,ray-Was the district system, while In
ope.alion challenged being beyond the power
Oh the legislature 49,.
Mr. Mcr-My under standing Is that IT was not,
nd th.r, Ia been
Inc decision would have been dcterniiaNc oi the
Mr. Durield intcrjcctcd that that was a time when
Gle ctOrs were free TO cAcl'ls" thch P'io"I'i P''
Justice cray-Docs 1T appear that that theory has
Attorney General Ellis. Of Michigan. closed for inc
state lie said that II wns only the "Algency oil
poica emergency which had caused III" point 10 y"
raj od that the district system was unconstliul"hli
In 1s16 nobody had questioned the fact that Colorado
electors had been appointed by the Legislature ne
was reading opinions OF Republican menn''s
wns done and thc Justice replied Most people
think the least said about that the better"
H. A. Baker closed the case. His lnr oil algu
mont was that the Constitution contemplated system
Of selection Of Il President by personal preferences o
clcctor, but that the constitutional design wa, IN
established the selection Of electors and of President
bv votes Of whole states: and that. by the fourteenth
amendment this change OF conditions was rrrosi1h
and a National citizenship established Before iha'
amendment y Stale might refu>" 10 participate ~
presidential election cast It's vote ms j. pleased but
nov II all citizens Of Michigan. slc. forSworr
their rights In Presidential election and decided that
they w1,uld participate that citizen would nav"
the right 20 cast the vote Of the state.
Adjourned until tomorrow 1T L. o'clock. the dhv
cali viii be- Nos 40 and COS. 600 and Giol l. .,
O. L. ). &. :. II and 10.
TIE CASE OF TIE MUENCIIEN.