The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-18
MICHIGAN'S LAW VALID.
ELECTORS TO BE CHOSEN BY CON.
GRBsSIONAL DISTRICTS.

The United States Supreme Court De-
cides in Favor of the Democrats.
Attorney General Miller's Bad Taste
in Appearing in the Case as Private
Counsel for the Republicans.
WASHINGTON, Oct. 1.-THE prompt de-
cision Of the supreme court of the United
States that the so-called Minor law passed
by the legislature of Michigan is consti-
tutional puts an end TO a long contest and
will give the democrats much comfort.
This law allowed the people of Michigan to
choose presidential electors by congressional
districts, instead Of voting for them all on
one ticket. 1t assures the democrats OF at
least six electoral votes from that state.
The decision will also serve 60 call attention
to the bad taste, to use no other term, of
one of President Harrison's cabinet officers,
Attorney General Miller. he came out
from his high official post and appeared
as private counsel for the republican
side Of this case when it was tried. 1t is an
almost unheard of thing for the Attorney
General to appear as private counsel before
the supreme court, and especially was it i'm
proper to appear in such a political case as
this. It will be recalled that President Har-
rison has been credited with a desire to put
Attorney General Miller on the bench of
this court and has only been deferred by the
Widespread protest that has gone up all over
the country every time the plan has been
broached.
TEXT OF THE DECISION.
By the Associated Press.
WASHINGTON, Oct. 1.-THE supreme
court by Chief Justice Fuller to-day sus-
tanned the constItutionality of the Miner
law providing for the election of presidential
electors in Michigan by congressional dis
tricts. This insures Cleveland four votes in
Michigan, and he may get several more.
Following is the full text of the prelimin-
ary opinion:
No. l,170. MCPHERSON ct al Va. Ex Blacker,
secretary of state, in error, to the supreme
court of Michigan.
We are of the opinion that the objection to
act No. 80 OF the public laws Of Michigan of
1891, based upon matters of local law, having
been ruled by the supreme court Of Michigan
adversely to the plaintiff in error, whose con-
clusions in that regard we are not authorized to
revise, a decision of the federal question in
volved was necessary and the validity of the
law as repugnant TO the constitution and
laws of the United States haying been drawn in
question and decided and the decision being in
favor OF its validity, this court has jurisdiction
under section 700 of the United States statutes.
The judicial power Of the United States extends
to all cases of law and equity arising under the
constitution and laws 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 act of congress of Feb 8. 1887 in the
particulars pointed out, and in respect of which
congress possesses power to legislate, 1t is
imperative only to that extent, but that the act
is NOT for that reason void and may stand as so
modified.
m tan ~ ha inf4aa saP fha Nr=r
section of article of the constitution, and con-
temporaneous and subsequent construction of
that language in practice, this act cannot now
legislature to provide for the appointment
of electors of President and Vice President
of the United States therein prescribed and we
are clear that that clause OF the first section of
article has not been changed hy the l4th
amendment Co the constitution and that this act
is not obnoxious to the objection on the ground
of conflict with that amendment. We make
this announcement at this time because OF an
exigency suggested as apparently requiring i'm
mediate action under the state statutes and will
hereafter file an opinion stating fully the
grounds OF this decision.
The Judgment of the supreme court Of Michi-
gan is affirmed and mandate will issue at
once.
The opinion Of the court was unanimous.
COL. DUFFIKLD's CLAIM.
Col. Dufiield Of Detroit, in arguing the
case for the republicans. has insisted that
the 18th amendment established citizen
ship Of the United States, where state
citizenship bad heretofore been supreme,
and that it's language forbidding abridg-
merit Of the privileges Of citizens had the
effect of preventing the state from chang
ing the method Of choosing electors then in
vogue. The decision to-day obliterates the
last hope Of the republicans that the Miner
law might be invalidsted by the court aud
that the, election ia the coming presidential
contest might be decided on the old plan Of
giving the whole vote of the state to the
party having q plurality in the state at
large The supreme court this afternoon
adjourned until Monday next.