The Superior times. [volume] (Superior, Wis.) 1870-1912, 1892-10-22
MINER LAW UPHELD.
Decision of the Michigan Supreme Court
Affirmed at Wasaincton

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 iudr-
ment of the Michigan supreme court.
upholding the constitu,iorality 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 exigencv suggested by counsel re-
quiring early action. Hereafter the
court would file an opinion setting forth
more fully the grounds on which il had
decided the case.
In his brief announcement of the de-
clsion, the Court SAID that in the case of
Mcpherson VS.. Blacken. the secre ar
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 cleo
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 yaiidI-
ty of the local law. In so deciding,
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 chief Justice
said that this court ruted that it has
jurisdiction of the case under section
100, revised statutes ttne Democrats
having raised the point that the ques-
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 dashedto
pieces the hope of the Republicans who
had appealed the case from the Michi-
gan supreme court, hy affirm
ing the decision of the Mich
igan court, which had ruled
that 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 presI-
dental electors and the contempo-
raneous constitution, 1t cannot now
be held invalid for want OF power IN the
state legislature to pass such law
We are clear, he added, that the clause
of the first section of article OF the
constitution has not been changed by
the fourteenth amendment, and that
the law Is not obnoxious 10 that amend
ment.
Col. Duffield, OF Detroit, in arguing
the case for the Republicans had IN
sisted that the fourteenth amendment
established the citizenship OF the | nlted
States where the state citizen
ship has heretofore been supreme,
and that its language forblds
the sbridgement of the privileges
of citizens had the effect OF preventing
the states from changing the method OF
choosing electors then IN vogue.
The decision to-day ohliterates the
last hone Of the Republicans that the
Miner law might be invalidated in
court. and that the election IN the com
ing presidential contest might be dee ded
on the old plan of giving tie whole vote
of the state to the party having plural
itv in the state at large.