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

The lESe1tl0l." CcOley's ConsI- Lln1.,
2. 81.
Ihs rule has been so frequently
Recognized bota ~ tll.s court sE.i Lne
supreme court OF tiss l a.-<a states as
- Fee1lrs at more than references
20 t1e 4uk-grlL.es- 1zEt-n Va II IL Ter
lessee. / Wheat 81; Baax Va Hal
st1sa. 10 Wheat 81; oTdsa Va .1nLi-
ders, Y HhszL. 10, PeoDle va Dean,
IA Mica zO6i Bay CITY va state Treas
Urer, - Alea- i55, DetFO!t City kall-
Way VA Mis-, IS Mica 54o- speaking
OF thu rule, IN Ogdea va Saunders,
Justice Johnson sa.ys: III proceeds
upon THIS pEesumpLlo1 that ths coz
ten poEarses OK the constitution have
clslIns % our Difference an The ones
ton Of right, because they had the best
opportunities OF informing themselves
OF sne understanding OF Tue Trainers
OF Eae constitution, and OF the sease
put upon IL By the people snen II Was
adopted by them"
In Bay City ys.slAEs Treasurer, supra,
Il Was held That constitutions are 10 Dc
construed as t1s people constIae them
n taelr adoption, II posslole, and the
public history OF the TIMES saouid De
consulted, and should have weight n
arriving az that construction See Also,
People W. Harding, So MICA isi.
The practical construction which was
placed upon the section under eonxd-
erntlon MAS certainly suen - 10 main
t2.a sas contention OF the respondent,
thai the contempoTaneoas InterprsIA-
ton wAs, that by this section
plsnary power MAS Teposed N the
several legislatures OF me state
TO prescribe methods for enoos-
ing electors. other than that by .
vote Of electors OF the entire state. or
by any agency which IN the perform
ancs OF other public functions repre-
sented the entire state In the nrst
pfesldenilzl election Maryland and
Virginia each adopted the district plan.
Maryland continued 10 go choose her
electors down 20 and including the
year 1882 MASSACHUSETTS, IN ESs
adopted plan of nominating electors
IN distriets BY vote OF the
people, 10 whom the legs
laturs vas limited IN making n
choice Ia 1885 they were chosen
by distrlets- In New York the method
OF choosing electors FIRST adopted WAS
by vote OF the legislature, but IN $50
the distrlcI system was adopted, and
was IN use IN tne election of ISIS. In
North Carolina the distract system Was
adopted in 1903, and n use 1904 and
1875. In Kentucky tho district system
prevailed until is2s. In Tennessee
tae district system prevailed from 1896
to 1886. In Indiana the district system
was used IN 1924 ana lS2S- In Illinois
the d.strict system prevailed from ia
admission into the Union until 1927.
Ina Maine also the district system pre-
vailed from ls20 until and including
the election Of 1928 Is Will be- seen
therefore that the exercise of the night
20 choose the electors by districts De-
gan AZ the drst election held under the
constitution, and continued 20 be exer-
clssd by some OF the states for = period
OF forty years There was an aban-
donment OF this method due, except
possibly in single instance,
TO growing douots as To
its constitutioualIty. The states
IN which il bad been invoked adopted
the general tlcxet method, 1t Is believed,
not because OF any doubt OF the au-
tnorlty 70 choose electors in districts,
but IN order that more power conid be
welded by the state IN political con-
voneons. Madison, who acted as q
member OF the committee which re-
ported 70 the federal convention the
method finally adopted for eiecting
president, IN n letter written IN 1923,
aud IN which . constitutional amend
uent which should make the choice OF
<iectors by districts imperative, WAS
recommended by him, IN referring to
the action OF the convention. said:
THE district system WAS mostly, II not
exclusively. in view when the coustitu-
ton vas framed and adopted and WAS
unchanged for the general ticket and
the legislative election ~ the only ex-
pedisns for battling the policy OF the
particular states which had set the ex-
ample" The James Madison letters.
VOL III, a33-
Another persuaslve fact in determin-
ing whether the intention was to limit
the exerciss of the right of the state to
choose electors to . method which IN
volved action by the state ~ unit is
the practical construction placed upon
section of article /, which provides
that, 'the house of representatives
shall be composed of members
CHOSEN every second year by the people
OF several states" and That until enum-
Grafton shall be made, ''the state of
New HAmshire snail be entitled to
choose three. Massachusetts eight, etc.
There Is certainly the same ground for
contention that the authority gwen to
state 70 choose three or eight repre-
sentstlvss involves action by the state
- . unit - there - TO say that the
proviaon that ezcn state shall appoint
electors in such manner "a the iegis-
latgrs thereof may direct, requires
acton by the state as a unit, and yet
from the time OF the adoption of
the constitution the power OF the
state to provide for choosing represen n
tatives by districts has not been ques-
toned, nor has the power 10 choose by
An election At large been questioned
lwasrs no law OF congress interveDesl,
so that there has been the practical
construction winch mas continued down
to this day. which establishes that
under the provisions of section 2 of
article I. the state having authority to
choose representatives nss the CHOICE
OF methods and may elect by districts
or en- nissse.
But il IA urged that the fact that the
distr,ct system has been abandoned Is
evidence from which Il msy De inferred
that trers mas been growing belief IN
the unconstitatlonslity of that method,
and Il - further stated IN me briefs OF
counsel that ANY examination OF the
history of the methods OF choosing
presidential electors wnsch approx
mates pnilosophic or scientific inquiry
can eniy result n the conclusion that
me states ia coming 10 tns use OF the
general t.eket, by a common consent
and practice. gave % the constitution q
construction and meaning which lt
mkht not otherwise now have, but
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