New-York tribune., 1892-10-18
THE MINER LAW UPHELD
MICHIGAN MAY CHOOSE PRESIDENTIAL
ELECTORS BY DISTRICTS.
THE SUPREME COURT DECIDES THAT The
STATUTE is CONsTITUTIoNAL-A
PRELIMINARY OPINION.

PRELIMINARY OPINION
Washington. Oct 1.-THE United States supreme
Court by Chief Justice Fuller. today amrmed aie
Judgment of the Michigan supreme Court, upholdins
te constitutionality OF the Miner law, providing for
the election of Presidential electors by CohereSsio"
districts instead OF by the state whole Inc 0our'
holds that the Fourteenth Amendment did not hmic
the right Of a State to fix mode OF choosing ee'o'. ..
The opinion was unanimous. The following IS the iu.
text of the preliminary opinion rehuereo os O''ei
Justice Fuller in the Michigan case:
Number l,I7O. Mcpherson ct al, ag'. biacher' ;
Secretary of state In error to the Supreme Court
Of Michigan We are OF opinion that the oplec,ions
TO Act Number 80 OF the public laws OF sicngah @ VI
1901, based upon matters OF iovun xhSan adversely to
plaintiffs in error whose CONCLUSIONS il ,u e,ha
not authorized to revise, tne and the
validity of the law as iepggnant TO tne hesn
laws of the United state, haSs ason Teef bcne in
favor of It's validity, this Court has jurisdiction uue
section 100 of the Revised statue "a al c5Ses Of
power of the United states eYtcnds 10 an GneS and
law and equity arising under the constitution % anu
laws of the United states and this Is case 50 ar''
We cGncur WITH q s5p.ms conrt OF tns Msnigaa sni IN
Congress Of February 1ee7 in the particulars pointed
out and respect OF which Congress possesses % tne
powrr TO cgslae. 1t Is imperative only To that eA-
tent but that the act is not for that reason void
and may stand 80 modified . ..,o,. =, .ho
We also hold with that Court that, In view OF the
,onruopc of the second clause Of the first section Oh
Article H. OF the Constitution and the contemporaeous
nd ,pQ1eut construction ol Inhl III P"
tice this net cannot now bc held invalid Tor wan.
appoIntment Of electors President and President
nj mower In the state Legislature TO provide Tor the
oupontment OF electors Of President and NiccPresdent
of the init d tate,. thcrlh prescribed. ana we
nre clear that that clause Of the first section OF Ar
cle H. has not changed by the Fourteenth amend
ment TO the Constitution. and that ms act Is h0l
obnOxio to objection the ground OF cohnlct WIN
tt;t amendment a., H., ,.
We make tbs announcement at this time because
OF an exgency suggested apparently requiring I'M
mediate action under the State statutes, ana VIII mere
after file an opinion stating fully the grounds Of thls
decision. The Judgment OF the supreme court 81 MICH
igan is affirmed and the mandate Will Issue az once;
The decision to-day oblterates the last nope that
IN. election In the coming Presidential contest might
be decided on the old plan Of giving the whole vot"
OF the state the party having plurality In tnc stat
at large II Is conceded that the result VIII pe 10
Give al least part OF the electoral vote OF MichiS;
To the Democrats. ,,, an,
The supreme Court this afternoon adjourned till
Monday next. ,,, ,,.,,
Justice Shras was assigned to the Third JUDICIAL
Circuit 10 succeed Justice Harlan. temporarily assigned
TO that circuit on the death OF Justice Bradley. AZ
torncy General Miller moved for writ OF cerorar
10 bring before the supreme Court the case or the
United states a. the steamship ltaa. In this cas.
the lower decided against the ri ght OF the nltei
states to seize the taa for carrying arms 70 the 0p
position to Balmacedas government in Chill, and n
speedy determination Of the question by the highest
Is wanted.