The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-10-24

tion or Of the appointments -
States senator, and it 10 MOI 49, s. +
here to express any opinion th..pp -
OPINION goes only to the point Of 80.
lency cites to me the above az :. -
to constitute 1.-The State'' .san ;ssa
party" and thereby deyolvino ~
DUTY 20 proceed IN the matter, I vos,s
call Your Excellency's attention y 80 - 81
fact that in joint session compossa y
senators ana members of the houss !.
representatives of this state. it he. c q
solemnly by public record declared I ,S 49,
person other than the appoints I 49,
was by such joint session elected No
United States senator by maior;tv~ v y
of the joint assembly, and by ms;o ~
vote of all the members elected n ~
houses present and voting, 's
The joint session, by a majority -
thereof, declares an election of a senatsN
the executive declares vacancy and ~
points a senator. Which, then. If Try
two acts in the light Your Excellence r..
sents the question, each done by a CO..
dinate department of the governmers
constitutes that interest, or the want nSst
in the state, by which test The attorns.
general should institute or not inst;t,,;.
proceedings in mandamus in the st.t.;s
name, to determine the legal proprietv ~
the secretary of states action in refus;na
to countersign and seal the said appo;nt
ment?
think my course properly to be puidea
by neither, but should be taken bv a refsr-
ence TO the prescribed duties of nv ofBc.
and TO the precedents in like cases. and IN
the general principles underlying the
subject of the mandamus
In the exercise then of my constitutional
duty, advise Your Excellency that, in nv
opinion, the case you have presented n
me is not one in which the state should
institute proceedings, or conduct them. but
that the appointee, Hon. r. Fl. NJ. David.
son, is the proper person to institute end
conduct the same fine desires to do 80. and
he, in the states name on his own relation
can, in the courts, determine his own rights.
Very respectfully,
WILLIAM B. LAMAR,
Attorney General.
The foregoing letter was delivered to
Governor Fleming Wednesday night.
Thursday morning he replied as follows
STATE OF FLORIDA,
EXECUTIVE DEPARTMENT. )
TALLAHASSEE, Oct. 90, 1891.
Hon. y. B. Lamar Attorney General:
SIR-On the 18th inst / instructed You
to institute proceedings forthwith in the
Supreme court of this state to procure the
writ of mandamus of the court to com
pei the secretary of state to seal with the
great seal of the state and cOuntersign
the executive appointment of Hon. r. 81.
NJ Davidson as senator from Florida.
These instructions were repeated under
date of the 10Th inst. Your only re-
spouse, so far as am informed, is your
opinion, (Which is not predicated upon
requisition from me in the premises) to
the effect that you do not consider it your
duty to comply with such instructions.
Am to understand thereby that you
decline to institute the proceedings as in
structed?
An immediate answer is requested.
Respectfully,
F. P. FLEMING,
Governor.
To which the attorney general made
immediate reply as follows:
OFFICE OF ATTORNEY GENERAL. ,
TALLAHASSEE, FLA, Oct. 90, 1891. :
Hon. Francis P. Fleming, Governor OF Florid.:
SIR am in receipt of your favor of
to-day, in reply to my second communi-
cation, concluding as follows:
cam to understand thereby that you
decline to institute the proce edings as in
structed. An immediate answer is re-
quest. d. Respe fully, etc"
l answer Your Excellency by saving
that can find no warrant in the consti-
tuition and laws of This state, or in ad-
Judged law cases similar in nature to the
one you present, for the states acting in
any manner through the attorney general
in this particular case in proceedings in
mandamuS.
AS have said in my second opinion,
this is not a state case and it does not
arise under the constitution and laws of
This state. We're it Gaze involving a
auty due to the State of Florida, to 'the
government as SUCH" a refusal to per-
form which impeded it's lawful authority,
then would act promptly. My opinion
does not express a conclusion even as to
the secretary of states duty in the par
ticular case.
To proceed in this case is not one of
my prescribed legal duties and the ad-
Judged legal precedents are against such
course, and cannot do so.
1t is true, Your Excellency did not in
express terms ask my advice, but it is my
constitutional duty to express my opinion
in a case where Your Excellency instructs
me to proceed forthwith, when can find
no authority to proceed at all.
Very respectfully,
WILLIAM B. LAMAR,
Attorney-G General.
People with impure blood may be said &c
exist, not live. Life is robbed OF half its
iovs when the blood is loaded with impur-