Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-10-18
FAYORS DEMOCRATS.
MiChlgan'S Election Law
is Constitutional.
A DECREE OF THE COURT
Says Electors May Be Chosen by Con-
gressional Districts.

w AsHINGToN, oct lS-Nichig0n will
divide her electoral vote this year between
the candidates Of the two gBeat parties
BY a unanimous decision the supreme
court OF the Un itcd States has decided
that the law passed by the last legislature
dividing the state into districts for the
election Of electors of president and vice
president WAS valid and constitutional
only so far as it conhicted with the provi-
sions of the act of congress dXing the time
Of meeting of electors.
The title of the case was Mcpherson et nj.
vs.. Blacker, secretary of state, the plain.
tiffs being the Republican nominees for
electors. They applied to Blacker TO issue
the notice OF election u sual under the old
law, by which the entire number of cleo
tors was chosen by majority OF the whole
state. He refused AMI they sued for n
writ of manlamus. The supreme court
overruled the petition. holding the law to
be valid and constitutional The case then
came the supreme cOart Of the United
States.
The attorneys who took part in the ar
gument were Attorney General Ellis,
Judge Champlin, formerly OF thesupreme
court of MiChigan, and Otto Kirchner,
formerly st1te attorney general, in favor
of constitutionality, and on the other side
were II VI Duilield, Attorney General
Miller and Fed 4. Baker, a leading Dem
ocratic lawyer Of Michigan, retained on
the Republican side OF the case. Chief
Justice Fuller read the
Finding of the Court,
which was unanimous. II was IA follows:
We are of the opinion that the objections
20 act No. 20 OF the public laws of Michigan OF
1891. based upon matters Of local law and
having been ruled by the supreme court OF
Michigan adversely 10 the plaintiffs in error,
whose conclusion in that regard we are not
authorized 10 revise,the decision of the federal
question involved was necessary. Aud the va
lidity Of the law.as rcpueuan' TO the constitu-
tion AM laws OF the United States, having
been drawn in question and decided, and tho
decision being in favor OF its vail lity, this
cour has no jurisdiction under section iu', K.
=. The judicial power of the United Stat's
extends To all cases Of law aud equity arising
under the constitution and laws OF the Uuilcd
States, and this is a case 30 arising for the
reason just stated.
We concur with the supreme court Of Nicli-
gan that so far as act 10. 80 cOn1ictswith
the act of Feb. 3. 1857. in the particulars
pointed out, and In respect Of which congress
Possesses the power TO legislate, IL is inopora-
tive only TO that extent, but that the act is not
for that reason void and may stand as so mOdi-
fed.
We also hold with that court that, in view
Of the language of the second clause of first
section act OF the constitution, and the con-
temporaneou- and subsequent construction of
that language In practice, this act cannot now
be held invalid Tor want of power In the state
legislature TO provide for the appointment of
electors for president and vice president of the
United States as therein prescribed.
And we are clear that the clause OF the first
section of article has not been changed by
the fourteenth amendment 20 the constitution,
and that this act is not obnoxious to objection
on the ground Of conflict with that addition.
We make this announcement at this time be-
cause OF the exigency suggested, rs apparently
requiring immediate 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 Mich
igan is affirmed, and the mandate will be is
sued AT once.
Having established it's jurisdiction in
the matter, the court has dashed to pieces
the hope OF the Republicans, who had APP
pealed the case from the Michigan su
preme court, by affirming the decision Of
the Michigan court, which had ruled that
the Miner law was constitutional. The
conceded effect of the decision is 10 give "a
part, at least, of the Michigan electoral
vote to Cleveland.