The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-15


States is plain and positive that Senators from each State
shall be chosen "by the Legislature thereof" What
stitutes the Legislature? This question answered to
Florida by section l. Article g. OF the State Constitution
in the following language The Legislative authority OF
this State shall be vested in Senate and House of Repre-
enatives which shall be designated the Legislature OF
the State of Florida Section IL of Article LII of the
Constitution provides that "a majority of each House shall
constitute quorum do business, but smaller Number
may adjourn from day day. and compel the presence Of
members in such and under such penalties
|" as it may prescribe"
The Legislature OF this State, shown above, is com
posed of the and House Of Representatives neither of
which is authorized to do any business whatever without
majority which constitutes quorum, except to adjourn
from day to day. and to compel the presence OF absent
members Neither exception involves the authority for
less than quorum of each house participate in the cleo
ton of Senator which is emnently part of the bus
of the Legislature much so as the passage OF BILL
the adoption of resolution the election OF legislative
officer which nothing less than quorum of each house is
permitted to transact No other conclusion be reached
without disregard of the provisions Of the Constitution of
Florida
The requirement of the Constitution of the United
States that Senators shall be chosen by the Legislature
evidently means valid constitutional legislature consisting
of two houses acting by quorum of each.
The Hon. Geo. McCreary, late Judge of the United
Elections of the United States House of Representatives
in his work on Elections Section 49, says: "Under that
clause the Constitution providing that Sena tors may be
Chosen by the Legislature of each State election of
Senator be valid be participated by both houses
of the Legislature in their organized capacity 1t is not
enough that majority of the members of each should
|" participated The of Harlan and of and Fitch
cited sustain the text These will be considered
hereafter
In vrn nh itnaido q
the court held that When the poer of appointment of
certain class of officers given by law distinct
bodies who required to assemble in separate chambers
and make separate nominations and then together and
compare the nominations made, and disagreement to
proceed election by joint ballot election is valid
unless both bodies assent to 90 into joint meeting for that
I" purpose and actually attend
"Nor is the removal of an officer valid unless there be
like assent and attendance although of the bodies
fuse to 60 into joint meeting after due notice given to them
|" for that purpose
The same principle is decided in King vs.. Butler, 8
East. 1879.
The argument in behalf of the election of Mr. Call con-
that whatever may have been the requirement prior
the passage of the of 1885, that under the provisions
this act it not necessary that both houses should be
in their organized capacity but that such act only
requires that the members of the houses should meet
in joint assembly, and that less than majority of one
house may meet and with the other provided there
majority of all the members elected to both houses pres
ent and voting 1t further argued that the validity
statute is recognized by the Constitution of the State
OF Florida Article Ill section 3d. which provides that "the
Legislature shall elect United States Senators in the man.
prescribed by the Congress of the United States and by
this Constitution To sustain their position they cite the
following extract from the report of the Committee in the
Eustis case, Taft's Senate Election Cases. sos "Your
committee find that although the Senate refused to take
part such in said Election and although minority of
the Senate only did take part in it, yet there was SUBJ
stantia compliance with the of Congress of 1866 Up
on the constutonaty of that act your committee ex
press no opinion The Senate has repeatedly however bv
its action affirmed its constitutonality and your COM
mee feel bound by the precedens which the Senate has
I" established"
They quote also at considerable length from the re-
port of the majority of the committee in the
Montana cases, of which, follows: e"The sue-
geston has been made that elect Senator there must
be in existence Legislature exercising at least capable
of exercising the law making Junction. and that when this
function interrupted abdcaed has been set in
motion because either house refuses recognize and act in
concert with the other because the Governor renses