The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1891-08-14

torting the plain meaning OF words and
doing violence to the plain construction
of language.
The Governor cites the case of MIR.
Harlan, of Iowa, as a case directly in
point, and with remarkable similarity
as to the number of votes both Mr., Har-
Ian and Mr.. Call received. The cases in
every way are almost identical. The
Governor quotes the convincing argu-
ment of Senator Bayard on this case,
which was so clear that the Senate de-
cided that Mr.. Harlan was not entitled
to his seat. The following is the quota
ton
"on this state Of facts the question which
suppose to arise is, whether the Legislature Of a
state, under the language of a Federal Constitu-
ton, delegating TO the Legislature the right to
cleo. Senators of the United States is TO be taken
to mean the individual members Of the Legisla-
tuFe, or the body or bodies of which the Legisla-
ture Is composed. suppose the term as used In
the Constitution means the bodies of which the
Legislature is composed. The honorable Senator
from Georgia, if / appreciate his argument, in
sists that the power being delegated to the Legis.
lature is vested in the members Of the Legisla-
ture, and that whenever a majority of the mem
bers of the whole Legislature, under law as
that existing In Iowa, vote for man, he Is
elected, though one of the coordinate branches
of that Legislature may not vote for him. and
may, as a body, refuse to go into an election.
Sir. hold It to be principal of law which has,
I think no exception that where two integral
bodies are authorized to do an act, 1t cannot be
done without the consent of those two integral
bodies. They must both be present and act in
the matter, or there can be no validity in the
act done. This Is a universal law. can call TO
mindlno case where q contrary principle pre-
walls, whether relating to legislative action OF
corporate action. Indeed, In reference to corpo-
rations, 1t has been decided over and over again
that where there are two integral bodies who
must concur in an act, they must both be present
and act upon the matter as bodies, not as indi.
yiduals"
Iu the face of this language, so strong
ly and forcefully put by Senator Bayard,
and the numerous other authorities
cited by Governor Fleming, the Times
Union pretends that the Governors ar
guments are weak and his conclusions
absurd, and endeavors to bolster up its
own position by contribution from Mr..
A. w. Cockerell, in which that gentle
man seeks to show that majority Of
both houses does not mean a majority OF
both houses, but that it!simply means a
majority of the two in their joint ca
pacity. But Governor Fleming shows
the utter absurdity of this forced and
distorted meaning of words about which
ordinarily there would be no misunder.
stanuIng. IT Lnese words mean tnat tc
elect Senator it requires simply fifty
one, that being a majority of all the
members of the Legislature, as that body
is composed of an even hundred, why
the necessity of the two houses meeting
in joint assembly at all? The lower
branch of the Legislature is composed
of greater number than fifty-one and
that body could have acted independ.
entity of the Senate in the matter of the
election of Senator. But the Constr
tution did not mean, in saying ma.
jority of both houses a majority of one
house and less than a majority of the
other. See how clear Gov. Fleming
makes this point:
If the construction contended for in the argu
ment for Mr.. Call Is correct 1t would follow as q
logical sequence that the House of Representa-
tiyes, which In the number of its members con-
stitutes a majority of all tho members elected to
both houses, is competent to elect a Senator
without participation by the Senate; and, in
deed, with 81 members of the House present and
voting, and no member of the Senate. and 26
votes cast for an individual being majority Of
5I) would elect Senator Would 1t be con.
tended by any one that such an election would
be the choosing Of Senator by the Legislature,
as required by the Constitution?
Governor Fleming's opinion is upheld
by the ablest lawyers and the ablest
statesmen of the country, and there
seems now but little doubt that his
opinion will be accepted by the Senate
as conclusive, and Mr.. Calls so-called
election. not being as prescribed by the
Constitution, the next question to be
settled is, who will Governor Fleming
appoint to supply the vacancy caused
by the constitutional failure Of the
legislature to elect his successor?
OF course the Times Union and its
following wants him to appoint Mr..
Chipley. But Governor Fleming, hav-
ing done himself and his administra-
ton supreme credit so far, he will
hardly now do that which his bitterest
foes would rejoice most to see him do.
And We say this in no disparagement or
disrespect to MIR. Chipley. He has rem.
dered valuable service to the State the
State perhaps owes him a greater debt
of gratitude than any other man in it.
He is an active, pushing citizen and a
sound, faithful and jealous Democrat !;
but his own deliverance on this subject
makes his selection out of the question.
Mr.. Dunn, in our opinion, would
make devoted, laborious and faithful
officer, but his appointment, after his
letter of remuneration, would make his
position an awkward one, so his selec-
ton is also out of the question. So Of
others that we might name.
It occurs to us that Gov. Fleming not
only owes duty to himself by main
tanning and unfolding the credit Of his
administration. which up to the present
time has been so non partisan and able,
but in the selection of proper person
for this Office he owes q special duty to
the Democratic party. His selection
should be one, other things being equal,
against whom there should be the least
feeling.
1t is patent fact that the Democratic
party is now torn by dissensions and
factions, and is further disturbed by the
occasional mumblings Of the organiza.
ton of third party. so tile Governors
appointment should be a man who,
more than all Others, could bring all
discordant factions together and present
as solid front in the next campaign as
the exigency of things viii admit of.
We believe that Mr.. VIM. d. Blox-
ham would, more than any other man,
do this. We were not the best pleased
in the world with the manner Of his
withdrawal from the Senatorial race, but
his very attitude in that race makes
him the man who would be the best