Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1892-10-21
1.-THE MINER LAW STANDS
THE UNITED STATES SUPREME
COURT CONFIRMS
The Finding of the Michigan Supreme
Court.-Chief Justice Fuller Writes
the Opinion.

The United States supreme court, by
Chief Justice Fuller has affirmed the
Judgment of the Michigan supreme
court, upholding the constitutionalty
of the famous Miner law, providing for
the election of electors by congress
sional districts instead of by the state
as a whole. The court holds that the
fourteenth amendment did not limit
the right of state to fix a mode of
choosing electors.
Chief Justice Fuller in announcing
the conclusion of the court in the case
said that the court made the announce
ment at this time because of an ext
gency suggested by counsel requiring
early action. Hereafter the court
would file full opinion setting forth
more fully the grounds on which 1T had
decided the case. In his brief an
nouncement of the decision the court
said that in the case of Mcpherson VS..
Blacker, the secretary of state OF Mich
igan, in which was drawn in question
the public laws of the state of Michigan
| (the Miner law providing for the cleo
| ton of presidential electors by con-
gressional districts and for the cleo
| ton of electors-at-large by dividing
| Ine WuOlG SldbC III WV Phi eS(s
| the supreme court of Michigan
| had ruled adversely TO the plaintiff in
error upon the validity of the local
law. In so deciding the federal ques-
ton was necessary 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 ruled that
it has jurisdiction of the case under
section 700, revised statutes (the
Democrats having raised the point that
the question was one of local law, in
which decision of the state court was
final.)
Having established it's jurisdiction in
the matter, the court then dashed to
pieces the hope of the Republicans,
who had appealed the case from the
Michigan supreme court, by affirming
the decision of the Michigan 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 state legls'
latures the right to determine the
method of choosing presidential cleo
tors and of the contemporaneous con
struction, it cannot now be held IN
valid for want of power in the state
legislature to pass such law.
The following is the full text OF the
preliminary opinion rendered by Chief
Justice Fuller in the Michigan case:
No. ITO. Mcpherson ct al. VS.
Blacler, secretary of state. In errol
TO the supreme court of Michigan
We are of opinion that the objection;
to act No. so of the public laws of Mich
ipan of 1871, based upon matters o.
} local law, having been ruled by thu
supreme court of Michigan adversel.
TO plaintiffs in error, whose conclusion
in that regard we are not authorized
to revise, the decision of the fedora
questions involved was necessary, ant
the validity of the law as repugnant u
the constitution and laws of the Unlte'
States having been drawn in question
and decided, and the decision being II
favor of its validity, this court has jur
isdiction under section 700 of the re
B vised statutes. The judicial powder o
the United States extends to all case
l of law and equity arising under tn
S constitution and laws of the Unite
r States and this is a case so arising, TO
the reason just stated.
y We concur with the supreme court
( Michigan that so far as act No so cor
r flicts with the act of Congress OF Feb
< ruary 3,1ss7, in the particulars pointe
. out and in respect of which congress
I possesses the power to legislate, 1T
: imperative only to that extent, bu
that the act is not for that reason vol
and may stand as so modified.
S We also hold with that court that
: view of the language of the secon
3 clause of the first section of article {
I the constitution, and the contempol
aneous and subsequent construction
o that language in practice, this act cal
e not be now held invalid for want {
power in the state legislature to pr
vide for the appointment OF electors
e president and vice-president OF TT
n United States, as therein prescribe'
h and we are clear that that clause
h the first section OF article has m
It been changed by the fourteen
$. amendment to the constitution ar
a that this act is not obnoxious to Il
objection on the ground of contli
w with that amendment.
- We make the announcement at tn
h time because of an exigency suggest'
= as apparently requiring immediate a
=, ton under the state statutes and w
a. hereafter file an opinion stating full
9. the grounds of this decision. Il
I Judgment of the supreme court
Michigan is affirmed and the manda
will issue at once.