The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-08
FLORIDA'S SENATORSHIP.
HON. WILKINSON GALL WILL HAVE
TO CONTEST FOR HIS SEAT.

Gov. Fleming's Opinion That There
Was NO Election May 90, as a Quo
rum o: the Senate Did Not Partici-
pate-He Quotes Senator Bayard in
the Harlan Case and Other Authori-
ties-No appointment Yet.
TALLAHASSEE, FLA, Aug. Hon. Will
kinson Call will have to contest for his seat
in the United States Senate, 10 which he
claims he was elected on May 90 last by the
Florida legislature. Gov. Fleming has an
nounced that, inasmuoh as a quorum OF the
Senate OF the state OF Florida did
not participate with the House in
the joint assembly on May 26, it is
his opinion that wilkinson Call was not
elected United States senator, and that
therefore he cannot, Ia the discharge
Of his duties, certify that he was
elected. The governor has prepared
an able and exhaustive paper setting forth
the reasons for his decision. Citing law and
precedent to sustain his position, he holds
that the constitution OF the United States
provides that senators shall be chosen by the
legislature; that legislature is defined by the
constitution of Florida To be Senate and a
House of Representatives, and that the
oA0sO tOhHlkbullOu iuEbneT DTONlubb Luhb u
majority of each house is required to con-
stitute quorum TO do business. The jour-
mails show that there was no quorum Of the
Senate present on May 26, therefore the
election of Mr.. Call was illegal and void.
THE HARLAN CASE.
The governor quotes from an argument
made by Mr.. Bayard in tho Harlan case
from Iowa which is directly In point, being
remarkably similar TO Mr. Calls case. In
that argument Mr.. Bayard said: '-Sir,
hold to be principle of Law which has, 1
think, no exception, that where two
integral bodies are authorized to do an act
it cannot be done without tho consent Of
these two intergral bodies. They must
both be present aud act in the matter or
there can be no validity in the act done.
This Is universal law"
Mr.. Harlan was not seated In the Butler
and Corbin case both branches OF the COM
mtttee took the position that q quorum of
each house was necessary to elect. Gov.
Fleming holds that the claim in the case of
Mr. Call differs from the Harlan case In
that the former is subsequent TO the act Of
congress of 1885, aud loses its force from
the fact that Mr.. Harlan was claimed to be
elected under an act Of a legislature sub
stantially the same as the act Of congress
THE EUs tbs CASE.
The report of the committee in the Eustis
case 10 also cited by the governor. who sig
nihcantly states that they express no optn-
ion upon the constitution or act OF 1895,
and prominently urge as their reasons for
seating MIR. Eustig the fact tnatthe seat had
long been vacant and no one appeared to
contest his right
THE ACT OF 1866.
Mr.. Calls friends lay great stress on the
act OF congress Of 1856. but the governor
argues that while the act would appea to
be susceptible of the construction commended
for by Mr.. Call, such construction would be
in violation of the constitution, which pros
vides that the legislature must elect, and
the legislature. under the Florida constitu-
tion, consists Of quorum Of each House.
Gov. Fleming has not appointed any one
to contesfMr. Calls right to the seat.