The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-10-30
FLORIDA'S BIG FIGHT.
SECRETARY CRAWFORD'S ATrCR-
NEY FILES AN ANSWER.

He Denies the Jurisdiction OF the
State Supreme Court in the Matter.
a Claim That There is No Law Com
polling the Secretary to Comply
With the Requirements OF the Gov
ernor.
TALLAHASSEE, FLA. Oct. 29.-In the
mandamus case of the state, ex rel. Francis
P. Fleming, VS.. John l. Crawford. secre-
tary of state, in the supreme court to-day
A. W. Cockrell of Jacksonville, attorney
for Secretary Crawford. filed an answer
setting forth in substance that the court has
no jurisdiction under the writ; that neither
the petitioner nor the state has any such
interest in or relation to the specific act
sought to be enforced; that there is no law
enjoining upon the respondent the perform
ance OF the aforesaid specific act. that IL
does not appear that performance by the
respondent OF the specific act therein
sought to be enforced is necessary TO
make effectual said alleged appointment;
that the allegations set up In the alternative
writ are not sufficient 70 show that the petit
toner or relator has right TO enforce said
specific act. The respondent alleges that
the only evidences he has that the governor
has inquired into the actual existence OF
| vacancy is in his address 70 the people OF
| Florida. Giving his reasons for not certify
| ing to the alleged election of Wilkinson
| Call, a copy of said address is flied as an
| exhibit. He AYERS that no vacancy existed
at the time the governor appointed Mr..
| Davidson, and files as his ground for that
| averment a transcript of the proceedings OF
the joint assembly Of the day on which it is
| alleged Senator Call was elected.
INTEREST OF THE STATE.
He also files a copy Of the recent CORE
| spondence between the governor and sttor-
| ney general to back up the claim that the
| state is not the party in interest
| Fred 7. Myers, attorney for the relator,
| treating OF the first six paragraphs OF the
| respondents demurrer to the alternative
| writ, Joined in such demurrer. To the re-
mainder of said return he dsmurs, and says
that the same does not set up facts sufficient
in law to show why writ should not issue
| as prayed.
Mr.. Cockreil made the opening argument.
| He commended that the court had no right
| or authority TO act in this matter. That to
| de so they must of necessity either decide
chat there had been no election, or that
| therefore vacancy existed for the chief
| executive to fill by appointment, or else
that the secretary OF state must, without
| question, seal and countersigu every APP
| pointment made by the governor, whether
| there was any law authorizing said appoint
| ment or not. He held that the governor
| was the agent of the federal government in
appointing a senator, and that sealing and
attestation were not necessary to make
such appointment effectual; that the gov
ernor might go to the bar of the Senate in
person and announce whom he bad ap-
pointed, or might send the message
by word of mouth and that
as the secretary OF states attsstation and
the seal OF the state were not necessary,
there was no ground upon which TO ask
for the writ He read an argument made
in favor Of the passage Of the act of con-
gress of 1866 to show that tho alleged cleo
ton Of Mr.. Call had been in accordance
with the manner, ETC., prescribed in that
act. He cited several cases, and finally
closed by moving that the petition for a
writ be ouashed.
THE AFTERNOON SESSION.
The court then, at O'Clock, took recess
until o'clock. Upon the reassembling of
the court Fred T. Myers, attorney for the
relator, began bis argument by saying that
were this court the committee of privileges
and elections of the United States Senate
the counsel for the respondent had in his
opinion made as forcible statement Of his
side OF the case as it were possible TO make.
and were it such committee it would have
been appropriate, but before this court 10
was not. He said that the question of
legality of the alleged election of Wilkinson
Cali was not involved. the Senate
itself had the exclusive right
to settle that matter and chat
this particular feature of the question had
been adjudicated by the court itself on two
several occasions in two several cases
brought before it, citing them. He held
that the court could not pass upon the le-
gality of the election, that such a ques-
~ dob -.
laid down in the text books on manda-
mus, and then read from High on Manda-
mus, sections l l and 81, to show that man-
damus does not lie to admit to Office He
contended that the governor had acted, not
as the agent of the federal government, as
alleged by the counsel for the respondent,
but as the chief executive Of one of the sis
terhood of states, which constitute that
government.
POWER TO FILL VACANCIES.
"If power to fill a vacancy lie vested in
| the chief executive" said he, then he is
| the one. and the only one, who has the
power to determine whether vacancy ex-
| lists or not" He pointed out that it was the
| recognized usage of all the states of this and
| of foreign countries that the official acts of
| the executive must DO sealed with the seal
of the state as evidence of being such off,
| cial act: that the secretary of state was
l
not his seal, but had been placed in his GUS
| toiy to give verify to the official acts of the
executive; that he is made its custodian be-
cause every official act of the executive
must so through the Office Of the secretary
OF state and be by him recorded,
sealed and countersigned. The chief execu-
tive having chosen to make an appointment
in the form of a commission in the name OF
the state, which no had full right to do, it
then became the duty OF the secretary OF
state, as declared by the statute, to seal and
countersign the same in attvstation that il
was the official act of the executive He con-
tended that there was nothing in the con-
stitution or laws to give the secre-
tary Of state, so to speak, veto
power over the governor; that il there
was it would take away what the constitu'
ton gives TO the governor, supreme execut.
i've power He argued at length upon every
point Of the question, citing authorities tC
sustain his position. He submitted the case
to the court. Mr.. Cockrell asked for time
| to prepare an argument on tie cases cited
by Mr.. Myers, which was granted, and the
court adjourned until 10 o'clock tomorrow