The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-15
THE FLORIDA SENATORSHIP.
EXECUTIVE DEPARTMENT,
TALLAHASSEE, Fla, August 4, 1891.


therefore became the duty of the Legislature of Florida
which the 7th of April 1884, under the pro-
visions of law to elect United States Senator to bill the
vacancy caused by the expiration of Senator Calls term
Section Is of the Revised Statutes of the United States
provides cit shall be the duty of the Executive OF the
State which any Senator has been chosen to certify
his election under the seal of the State to the President
I" of the Senate of the United States. %
The question presented for my consideration and
determination whether there election of United
States Senator by the said Legislature to devolve
upon the duty Of certifying the to the President
of the Senate of the United States.
The facts which there is dispute, far as am
advised, follows On April FL, 1891, being the
second Tuesday after the meeting and organization of the
legislature the Senate and House of representatives each
in its own chamber voted for United States Sc naor but
in neither house did any receive majority OF the
whole number OF votes cast. On Wednesday, April %,
the houses convened in joint assembly, and the journal
of each house was read and appearing that person
had received majority of the votes in each house the
Joint assembly proceeded take for United States
Senator person received majority of all the votes
of the joint assembly The joint assembly continued to
IL each succeeding day and took at least one
vote without eectng United States Senator up to and
inclusive of Monday, May 25, 1891 On Tuesday, May
g. there aquorum of the Senate present in session.
the whole number of the Senate being 49, and majority
of that day the President of the Senate and IA other Sen
ators entered the hall of the House of Representatives and
were received by the House. Roll call of the joint
bly, disclosed Is members of the Senate present and 80
members of the House Of Representatives, being minority
of the Senate and majority of the House he whole
Ter of the House being 68 ballot then taken for
United States Senator, whereupon Wilkinson Call re-
ceved IA votes the members of the Senate present and
81 of the members of the House present. and D. H.
&C. <1oH
whole number of votes cast ST. of which Wilkinson
Call received 81 and D. H. Mays received whereupon
the presiding officer the Hon. Jefferson B. Browne Pres-
dent of the Senate that Wilkinson CALL having
received majority of all the votes of the joint assembly,
and majority of all the members elected both houses
being present and voting duly elected United States
Senator from the 4h of March, 1891 No other ballot for
Senator was had during the legislative session.
Subsequent the ballot taken May 26th and before
the adjournment of the Legislature, paper filed with
signed by Is members of the Senate and 26 members of
the House, claiming and arguing that under the facts Will
kinson Call elected United States Senator as
nounced by the presiding officer of the joint assembly, and
protesting against the issuance of certificate of election
him.
Subsequent thereto Is other members of the Senate and
81 members of the House signed and filed with paper
setting forth the facts and claiming that Wilkinson Call
duly elected United States Senator on May 26h and
embracing argument sustain such claim.
The question of the election of Mr. Call is limited to the
inquiry whether majority of each house, which
say to constitute quorum must be present and partic
pate in the joint assembly in order to elect United States
Senator; whether majority Of the House and a
minority of the Senate, quorum of and less
than quorum of the other, may meet in joint assem-
bly, and elect Senator, provided majority of all the
members elected the two houses, in the aggregate
present and voting.
The Constitution of the United States paragraph oil
section g. Article l. provides the Senate of the United
States shall be composed of two Senators from each State
chosen by the Legislature thereof Paragraph of section
of the article provides that the times places and
of holding elections for Senators and Representa-
tves shall be prescribed in each State by the Legislature
thereof but the Congress may any time by law make
alter such regulations except to the places of chusn
Senator'S"
There no legislation by Congress the subject
til the act of July 25 1866, which constitutes sections
Is, 16, II, IS and 10 OF the Revised Statutes.
will only refer at present to that portion of the
providing for election by the joint assembly of boil
houses after the failure to elect by separate vote in eacl
house on the first day of ballong, which is follows
p,% L~..