The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-10-24
The ca1l.pavtdson Case.

The publication OF the correspondence
between Gov. Fleming and Attorney Gem
eral Lamar relative to the duty Of the latter
70 institute mandamus proceedings in
B supreme court of the state to compel Secre-
tsrv of State Crawford to issue to Mr..
/ Davidson, who has been appointed United
/ States senator by tie governor, certificate
I Of appointment under the seal Of the state,
has caused a renewal of the discussion Of
the Call Davidson contest. There seems to
be a feeling among Florida democrats, how
ever, that as the contest must be settled by
the United States Senate further discussion
of the contest by the state press and demo-
cratic leaders is likely to do the party harm.
The governor, however, takes a different
view and has himself applied t. the SUI
preme court for mandamus against Sec
rotary Crawford
1t is matter of very little Importance
whether Secretary Crawford issues a GER
tiicate Of appointment to Mr. Davidson or
not. II Mr. Davidson is entitled to a seat
In the United States Senate
he will get it without oernh-
cate from Secretary Crawford Just as
quickly as he would with it. At least that
is the opinion of very able Florida law
yer. aud the opinio seems to be based upon
common sense and good law. Mr. David
n, therefore, Iced not worry over his fail
ure to get a document bearing the seal Of
the state. He can devote his whole time to
hunting presidents TO sustain his contest
And in the opinion az the New York
Times there Is some ground for thinking
hat a. eA.A -
paper. In one Of It's political notes. prints
the following: "Thers seems to be ground
for the expectation that Mr.. Call will not
be allowed a seat in the United States Seq
ale, but that the "a an whom the governor
OF Florida has appointed 'to fill a vacancy
will be givea the place. At any rate, tuere
are precedents which justify the expecta-
tion. For one, take the case OF Mr.. Harlan
of Iowa. who was elected just about as Mr..
Gail was elected-by a body that did not
contain aquorum OF each OF the houses of
the legislature, but simply a majority Of
both. Mr.. Harlan was denied a seat.
" bile his case was pending Mr.. Bayard
said: I hold it to be a principle of law,
which has, l think, no exception, that
where two integral parties are auth orized to
do an act, it cannot be done without the
consent Of those two integral bodies The
Senate took precisely this view of the
case"
1t may be that the precedent cited by the
Times does not fit the Call-Davidson case
OK city. II would not be wise to assume
that it does. An examination of it might
show that the facts in the case of Mr.. Har>
Ian were quite different from those in the
case Of Mr.. Call-so different, in fact. as to
prevent the Harlan case from being &C
cepted as precedent in the Call-Davidson
| contest.
The prevailing impression is that the pre-
cedents are in MIR. Calls favor. 1t is GER
tain that quite number. which appear TO
sustain him. have been cited in the public
| prints. However, it will not be many
months before it will be known whether Mr..
Call or Mr.. Davidson has the better case.
In the meantime the discussion of the con-
| test in Florida or elsewhere outside of the
Senate, is not likely to help either Mr. Call
or Mr.. Davidson.