Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-06-18

that provision Win the law OF eo1gfess
upssl2 Lle saaae sao ,ee--
We have conssaervd the questions
presented vita the cafe which tie Sa-
eee<slng aaapox sAsos ii lie Issue seemed
70 as 10 inperativeiy require. ana cur
eoneiGs4oa Is that the statute mast
stand as the lawful eoiet Of the iegssia-
tufe-
Nearly seventy years ago Chancellor
Kent wrote IN regard TO the election OF
the president, as follows: The mode
OF MS appointment presented one oil
the most difficult ana moineLtous
questions that occupied the dehDer-
atoms OF the assembly which framed
the constitution; and II ever TIE tran
guilty OF tnis nation Is TO De disturbed
and ITS liberties endangered by =
struggle for power, IS viii De upon TINS
very subject OF the cno-ce OF presl-
deaf. inls Is the question Thai 10
eventually 10 teSt Tie goodness ana
try the strength of the constitutions aud
ii We shall be able, for hail century
hereafter, TO continue u cleo; the CHIEF
magistrate OF the Union with discre-
tlon, moderation and integrity, We
shall undoubtedly stamp the highest
value on our national Character ana
recommend our republican institutions,
IL not 10 the Imitation, yet certainly TO
the esteem and admiration or the more
enlightened part OF mankind" Kent.
Com. ga.
The danger in this pienary power
conferred by the Constitution III the
state upon Its legislatures has been rec
ognixed by the wise and patriotic states
men OF all political parties, and several
attempts have been made IN congress
TO secure an amendment requiring a
uniform mode.
The language of Chancellor Kent was
written shortly after long debate IN
the United States senate over proposed
amendments Annals OF congress Tor
1924, l76-375.
To the intelligence, wisdom and
patriotism Of our people IS due the
gratifying fact that the danger has thus
far been averted, but the action result
ing in the passage OF the act In ques-
ton, Is reminder of the danger which
may 1T any time be precipitated upon
the country for the purpose OF obtain
ing political power.
The injustice of any other than
uniform system OF electing the presi-
dent of the United States Is manifest.
As has been recently we'll said: 1t Is
of the first and last consequence and
importance that in legislatIng upon
this subject it should not be regarded
from a party standpoint" But neither
the fact that this most important con-
sideration may have been overlooked,
nor that this legislation may result IN
serious injustice, can extend our Jurls-
dlction or justify US IN usurping func-
tons which under the constitution
pertain to the legislature. As
was said by Justice Cassidy, IN
the recent case of State VS.. Cunning
ham. 81 n. w. r. l,135. 1T is to be
remembered that even praiseworthy
objects cannot be rightfully obtained
by q violation of law. Every effort TO
fritter away Me plii language of the
constitution, by way Of construction or
otherwise, even to secure desirable
end, is nothing less than an lnsidioue
attempt to undermine the fundamental
law OF the state, and hence TO that OK
tent destructive OF good government.
besides being viciousi in Ito tendencies"
The writ should be denied. The otner
justices concurred.
Three of the justices are republicans
and two democrats. The case wil
doubtless be carried to the United
States aupve.oo CONT.