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

nOn-aseF.
In Bay City vs. State treasurer, g
III a. 4s9, justice Cooley, speaking for
tAs court. aid Constitutions 40 not
change with the varying tides OF pnD-
llc cpialon and desire the viii or tie
people therein recorded Is the same in
fiexibie Lac until changed by snssr own
action, AMI - cannot NC
permissible - I1e cauIIs t2zk IA order
10 Al eysAGns 4Et clrcamysnEoas
they sll4ll subject tnsse instruments,
snleh "a the nam oa4y undertake 10
lay dosR broad general principles, 70 =
literal and technical eo2ssE actaoa. "a Il
they we've xreA. public enemies stand
lns IA the way or progress, and the
duty o. every soot CITIZEN Mas - get
around tneiF PROVISIONS whenever prac-
rcaole. and give them = damaging
tArGsL whenever convenient They
must coaslrus them as The people did
n their adoption, II the means or AZ
Fiving AZ thai construction are within
their power"
Is nas evidently not been the view Of
eminent statesmen either that ice orig
NAL construction or this action should
nave been sucn as " exclude the
power or the Legislature to adopt the
distract method or that that power has
been lost by non-user, for ~ late as
1874 the committee IN privileges and
elections of the United States senate
made report IN which. speaking OF
this section, IL was said: The appoint
nient OF these electsrs 10 thus placed
absolutely and wholly with the legisia-
lures of the several states. They may
10 oh - h. al a
legislature may provide that they snail
DO elected by the people Of the state at
large, OF IN districts a. are members OF
congress. winch was the case formerly
IN many states"
But il - urged that the act IN ques-
ton 10 IN conflict with the fourteenth
and fifteenth amendments. and IL u
sa,d that At the time these amendments
were adopted the method Of choosing
electors actually IN vogue in all the
states was by vote of the people ~
large for general ticket. and that II is
provided by the fourteenth &mend-
ment, that ..No state shall make or ell
force any law which shall abridge the
privileges or immunities of citizens OF
the United States" and also provided
that, when the right to vote at any
election tor the choice OF electors OF
president and vice president, Is denied
TO any of the male inhabitants Of such
state. being 81 years of age and citizens
of the United States, or In any way
abridged except for participation in re-
beilion or other CRIME, the basis of rep
resentation shall be reduced" and
As the fifteenth amendment pro.
viding that, ''The right oil
citizens Of the United States to vote
shall not ne denied or abridged by the
United States, or by any state. on &C.
count of race, color or previous condi-
ton of servitude;" that these amend
ments are to be held to have relation
To the conditions then existing, and
that IN effect they operate TO repeal BY
implication 50 much OF article 2, sec
ton /, as 10 prescribe the manner oil
choosing electors.
1t would in our opinion be strained
construction which should give To
either OF these amendments the effect
to annul the power expressly delegated
III section / of article 2. But here
again we are not without the aid OF
contemporaneOus construction. A,
already pointed out the committee OF
privileges and elections Of the
senate, composed as 1t was of
men who participated in the adoption
IT these amendments, reported IN 1874
in the most unequivocal terms, that thii
power still rested with the legislature
The question was also discussed b.
eminent members Of the electoral com
linghuysen, speaking Of the power Of
the state to appoint electors, said
Under this power the Legislature
might direct that the electors shoulc
be appointed by the legislature, by thu
executive, by the judiciary, or by ths
people. In the earliest days of the re-
public electors were appointed by tn.
legislatures. In Pennsylvania they
were appointed by the judiciary. Now
IN all the states except Colo
RADIO, they are appointed by thu
people," Commmissloner Hoar said
''Upou the whole matter, therefore
am of opinion that the appointment
OF electors and the ascertaining VIII,
has been appointed 10 the sole and ex
elusive prerogative Of the state. The
state acts by such agencies - itselects. ,
Justice Field said: 1.-THE constitution
declares that each state shall appoin
electors IN such manner as the legis
lature thereof may directI:
with the exception of those prsvisson
as TO the number of electors and tn,
ineligibility Of certain persons tn,
power of choice on the part Of the stat,
is unrestricted. The manner o.
appointment is left entirely - its legis
lature. Mr.. Justice Miller, Comnlls
sioner, said: IF elected by the legis
lature, ss they may be. an approx "a
mode lot certifying the eiectlon) wou.,
be the signatures OF the peesidinj
officers OF the two houses TO the fact o
such appointment or y certified COPY
of the act by which they were elected.
In re kemmler, 10 Sup. CT. Rep. 93i
IL was said: 1.-The fourteenth amend.
ment dad not radically change til,
whole theory of the relations of tn,
state and federal government to eacl
other and of both governments 10 tn,
people" See also Minor Va. Hsppe r
sett, Fl Wall. l62.
IL Is very clear that the fifteenth
amendment Was intended to preclud,
the state from making any discrim.pa
ton against citizens on account o.
color. No reasoning could make thl
palmer than does the mere reading o.
the provision, The right of citlzen
OF the United States to vote shall no
be denied or abridged on account o
race. color or previous condition o.
servitude." There is no attempt u
place limitations upon the power o
the state, except that in any case wher,
the right of suffrage - involved, tn,
class protected by this amendment
shall not be Disseminated against
Neither by the fourteenth nor fifteenth
amendments was there any sstemp
o place limitations upon the authorit,
OF the state as TO the choice OF officer.