Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-10-17
SATURDAY. OCTOBER II. 1891.
One Word Moro rs to Senator Call.

In responding day or two ago TO the
courteous interrogatory Of the Norfolk
Landmark, addressed to US on the subject
Of the reelection or non-re-clection Of
Mr.. Call 70 be United States senator
from Florida, we stated that we did not
then have before us the authorities from
which we had quoted on previous occa-
sion. We have now in hand Governor FILM
mos pamphlet on this subject. written to
prove that as the Legislature OF Florida
did not elect a United States senator at its
last session he has. rs Governor, the right
TO appoint United States senator to fill
the vacant seat until the Legislature shall
perform its duty in the promises. If he
has that night Mr.. CALL has no right to the
seat. The two questions are, therefore.
only one question In reality.
We have heretofore stated that Cover
nor FLEMING has exercised the power be
claims and appointed United States SEN
ator 10 fill temporarily the vacant seat.
The double question will come up in the
United States Senate and by that body
be decided finally. there being no appeal.
Nor is there any dispute as TO the facts.
Governor FLEMING AYERS that Mr.. GAIL
was not reelected by the Legislature OF
Florida. but by members of that body con-
shutting IN one house less than q quo
rVn. Mr.. CALLS friends admit the facts
20 be az stated. but claim that they do not
disproye bis title TO the disputed sent.
We now quote the Hon. GEoRGE Nc
CRKaRY, late judge Of the United States
Circuit Court, formerly chairman OF the
Committee of Elections of the United
States House Of Representatives. In his
work on Elections section rs. he says:
Under that clause OF tho Constitution pro-
viiing that senators may be chosen by the Legis-
iature OF each State, election Of senator TO DO
valid must be participated In by both houses OF
the Legislature In their organized capacity. II Is
not enough that majority (unorganizcdl Of each
should participate
In the case Of People e re-. Cpham rs.
Whiteville the Court held that when the
power Of appointment of certain class of
officers Is given by law to two distinct
bodies, who are required to assemble in
separate chambers and make separate
nominations. and then meet together and
compare the nominations made, and on
disagreement TO proceed to an election by
Joint ballot. no election is valid unless
both bodies organized. not membersl AS
sent 10 go into joint meeting for that pur-
pose and actually attend"
MIR. HARLAN. of Iowa. was once elected
TO the United States Senate by just such q
tody as Governor FLEMING describes. Mr..
BAYARp. of Delaware. argued that Mr..
HARLAN had not been cons.itutionally
chosen. The United States Senate Com
mittee on the judiciary reported to the
same effect. And the United States SEN
ute refused 70 seat Mr.. HARLAN, whose case
seems 10 cover the Florida case. Mr.. BAY
ARD argued as follows;
"Sir, hold Il TO be a principle Of law which
has. think. no exception that whore two in
tegrA parties are authorized TO do an act, 1t
cannot lie done without the consent Of those two
integral bodies"
Mr.. BAYAnD said truly that the question
involved in that case was whether the
Federal Constitution conferred the power
70 elect United States senators upon the
individual members of the Legislature or
the body or bodies of which the Le.isla-
ture IL composed. This is the question in
yolyed in the Florida case, and SO Cover
nor FLEMING has the right side of that
case.
We shall not 60 fully into this Florida
csse. We have already shown clearly. we
think. that Mr.. CALL was not constitu-
t!onally elected a United States senator
from Florida by the las: Legislature Of
that State