Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-10-12
Istu,. the manner OF Jnc eNecoJIon OIL uue
power"
Questioned by Justice Gray.


power"
Questioned by Justice Gray.
Question by Justice Gray-Do you
find, Mr.. Miller, that while the district
system of choosing electors prevailed in
some states it was challenged at any time
as being beyond the power of the legisla-
ture?
Miller-My understanding is not that the
question was ever raised, but that it was
simply taken by consent, and as 1 under,
stood was stated when Mr.. Duffield was on
his feet there was but one election which
would have been at all affected by the
decision of this question one way or the
other
Duffield-That occurred at the time when
the original theory was in vogue that each
elector exercised his personal judgment as
to the president.
Turning an Argument End for End.
Miller then resumed: Il want to call at
tention to some other cases in which the
states are mentioned, and first to sub-sec-
tion of Article /: Repre- esentatlves and
direct taxes II will say that ain not aware
whether some of these things are upon the
briefs because with them have had noth-
ing to dol shall be apportioned among the
several states which y e included with
in the Union accor,iinl"J their respective
numbers Now, if this rule be corres,,
that the states may divide themselves up
tlons amenable to the general government
for the performance of duty imposed, then.
turning the rule about, may not the pe,i-
eral government apply the same princir,,
to this provision: Representatives AL
direct taxes shall be apportioned amo~
the several states which may be included
within the union
Couple More Suggested Parallels.
And yet would anybody pretend that
congress had the power to do anything
more than assign a number of representa-
tives to the states? Has congress the power
to divide up the state of Michigan into con-
gressional districts, and say this one shall
have one representative or one elector? If
not, why not? Simply because congress
deals with the state in its sovereign capac-
ity, and it has no power either in direct
taxes or in the matter of representatives TO
go any further. Surprising there was n
provision authorizing a state to issue bonds,
could the state under such a power as that
provide that one bond should be issued by
each county, and require the person entitled
to that bond to take such a bond or would
person entitled to bond of that kind he
entitled TO have as a security a bond of the
entire state?
The Whole State Involved.
Il say that this matter of political rights
and duties is distributed among all the peo-
pie ofthe state. AS well say if a state or city
were authorized and required by statute to
make conveyance of such real estate as
it might own in some business transac-
tion, that the grantee could be required to
to take the deeds from different counties,
townships or wards for fractions of such
real estate. The party is entitled to con-
veyance from the whole state: and so all
the people OF a state have a right to exer-
else whatever right or privilege may inure
IN this power because all the people in the
C1.a Zoo Nf Il, L
in common of every political right and
privilege which they enjoy under the con-
stitution clUizens of that state"
Cross-ENamined by T>irchner.
Kirchner-Supposet the constitution i'm
posed proper qualifications which disfran-
chised one half?
Miller-TE question would arise as to that
as argued by Mr.. Duffield, to whether it
was competent to impose any such Qualifi-
cations; but Il there were such a aualifica-
ton then they would not have the right 1t
is only the people who have the right; there
is no question that all the people, entitled
to vote have the right
Kirchner-That is dependent entirely on
state action, is it not
Miller-Suhnrdinate to the requirements
of the federal constitution
Can't Divide the Responsibility.
Kirchner-Do not the people constitute
the state?
Miller-Yes, it is the people who consti-
tute the state
Kirchner-If they made a debt then all
would have to sign it?
Miller-They or their representatives. un-
doubtedly. And when their representa-
tives signed it would become the debt of
the state. They could not provide that the
people of one township shall sign a deed for
part of the land or a bond for part of the
debt, and another township for another
part. That IS what you are trying to do.
Power Not To BE Delegated.
Miller continued as follows: One fur
ther suggestion. This is ii power granted
by the national constitution to the state:
the state has no power to delegate that
power: the state must exercise that power
itself. 1t may do it by agent, but it must
be the agent of the whole state Il cannot
take the power to divide it into fourteen
parts and say this fraction of the people
may exercise this part. and this fraction of
the people another part. 1t must act by
its agent, but cannot delegate power: il
must exercise it allitself. 1t was suggested
here that this court could not decide this
question because somebody else might I'M
dertake to decide it afterward and disre-
gard it. That sort of argument would pre-
vent this court deciding any question or any
case upon which another department of
the government might be called upon to
actn
A Rather Remarkable Family.
WALTHAM, Mass, Oct. IA remark