The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-10-12
THE MINER LAW.

Tho CnnStiiutionnlity Before the supreme
court-InterestInG Arguments.
WASHINGTON, D. G., Oct. l1.-1n the
United States supreme court to-day
the Michigan Miner law case came up.
The case comes here on appeal from the
decision OF Michigan supreme court
affirming the constitutionality OF the
Miner law. The title is Mcpherson, ct
al, plaintiffs in error vs.. Blacker, secre-
tary OF state.
A motion was made and Immediately
allowed by the court to have the argu-
ment Of the Michigan case proceed at
once.
After the entry OF sundry motions,
Col. Fl. NJ. Duffield, OF Michigan, arose
and opened the case for MCPHERSON ct
al, who represent tho Republican
party, which is seeking to have the law
declared unconstitutional. The politi-
cal aspect Of tho case is very pro-
nounced, aa it is conceded that the
effect Of the decision in favor OF the
validity OF the law will give some OF
Michigan's electoral vote TO the Demo-
Gratis. That Republicans appreciate its
importance both in this election and in
its possible far reaching consequences
in the future is shown by the appear
ance OF Attorney General Miller in tho
case as one OF the counsel on the Re-
publican side OF the question.
The attorney general did not appear
in his official capacity, but as o private
counsellor. He took part in the argu-
ment. It is very unusual in this coun-
try for the attorney general to partici-
pate in a private case and his appear
ance to-day was subject OF talk among
lawyers. The attorneys who took part
in the argument to-day are: Attorney
General Ellis, Judge Chaplin, formerly
OF the supreme court Of Michigan, and
Otto Kirschner, formerly state attorney
general, in favor OF the constitutional
ty OF the law, and on the other side
were II. NJ. Dufiield and Attorney Cen
eral Miller and Frederick A. Baker, a
leading Democratic lawyer OF Michigan,
who is retained on the Republican side
OF the cas9.
Mr.. Kirschner was proceeding to
argue that the matter OF presidential
electors was one over which the state
legislatures, as the political representa-
tives Of the state, had complete control,
when Justice Field, interrupting. asked:
"Could the state legislature delegate
to Ann Arbor College the right to ap-
point these electors"
Mr.. Kirschner with some hesitation)
Il don't see why not.
To this the justice replied rather
curtly:
your line OF argument"
Mr.. Kirschncr, proceeding, said that
tho policy OF changing tho method Of
selecting presidential electors might be
questioned, but he had never heard the
legality OF any change questioned.
Justice Harlan-Could the legislature
authorize one congressional district to
select electors for the whole stateP
MIR. Kirschner-Yes, your honor.
To which Attorney General Ellis
added:
"But there's no danger OF It."
Mr.. Kirschner, in his argument, de-
ploredthe tendency to bring all disputes
into court, and SAID this was all attempt
to embroil the court in political mat
ter which belongs solely to the political
part OF the government.
Attorney General Miller argued that
the trainers OF the constitution intended
that the states should be represented as
states and that the power Of choosing
electors was granted not TO the legisla-
lures, but to the states, the legislature
simply having the duty OF fixing the
manner of execution OF the power.
Justice Gray-Was the district sys-
tenn while in operation ever challenged
as being beyond the power OF the legis-
lature?
Mr.. Miller-My understanding is that
it was not, and that there has never
been but one election in which the de-
cision would have been determinative
Of the election.
Mr.. Dufield interjectod that that
was time when electors were free TO
exercise their personal preferences.
Justice Gray-Does 1t appear that
theory has ever been changed by tho
constitution? Laughter.
II. A. Baker closed the case. His line
Of argument was that the constitution
contemplated system OF selection OF a
President by personal preferences OF
Presidential electors, but constitutional
design was incable OF execution and
that by usage had been established the
selection OF electors and OF Presidents
by votes OF whole states, and that by
the fourteenth amendment this change
Of conditions was recognized aad ma
tioual citizenship established.