The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-15

lii cited "The principal purpose Of the act of Conc
was deprive house OF the Legislature of the power
is prevent eecting by refusing to go into joint copv
|" ton for that purpose"
The election referred to will be considered be
after The whole section from which the quotation a
McCreary taken is follows 1t not neceas.
under the act of Congress of July 28th 1866 to re0
the time and of holding elections for senators s
Congress- that the election by the Legislature sbond
actually take place the second Tuesday after its
zaton It enough if that day the Legislature tak
action the subject and actually votes though upsuc
fully tor person to fill the office of senator The Lees
ature must however, continue to in joint convention
until choice reached The principal purpose of the act
Of Congress to deprive house Of the Legislature Of
the power to prevent election by refusing 90 into
Joint convention for that purpose" The language of the
learned author does not appear be used the same con-
necon that by the committee in the Montana cases. and
whatever may be his opinion to the purpose of the act
of Congress his legal reputation high suppose that
he intended in section III to convey the idea that Congress
Is competent to enact law which would avoid what Sec
ton 49, he declares to be requirement of the Constu
tion that s that election of Senator to be valid must
participated in by both houses of the Legislature their
organized capacity especially he sets forth in section III
that the Legislature must continue to meet in joint conven
ton and majority of the members of the Legislature
1t is reasonable to suppose his meaning to be that the
act emphaticay imposed the obligation of duty upon each
to attend the joint assembly until choice is reached
The Constitution of the United States is the supreme
law of the land and wherein the Constitution of Florida
of Congress may be in violation of it, the State Con-
stution the act to that extent is void not pre-
pared however, either Section 81 of Article III
lof the Florida Constitution invalid in derogaon of the
Constitution of the United States the said act of Con-
gress unconstitutional In each the Constitution require
ment of paragraph l. section g. Article that Senators
shall be chosen by the legislature recognized and
pressed The language Of the State Constitution being
"The Legislature shall elect United States Senators"
and the said act of Congress ecton A. Revised Satut
The Legislature of each State which is chosen pre-
cedng the expiration of the time for which any Senator
elected represent such State in Congress SHALL the
ond Tuesday after the meeting and organization thereof
| " proceed to elect Senator in Congress"
We have the following rules of construction Of stat
The popular received import OF words furnishes
the general rule for the Interpretation of statutes pot
ter's Dwarris on Statutes, 143)
Statutes should be interpreted according to the most
natural and obvious import of their Qbd l44
The rules of Interpretation apply to the Constu
ton. Qbid, 656)
Applying these rules to the provision of the Consttu
ton of the United States the Constitution Of Florida last
referred to- and the said act of Congress- the popular
and received and the "most natural and obvious lm
port of the word is that body consisting otwo
organized houses tow: the Senate and House OF RePre
sentatvesand not aggregation of the members elected
both without reference the organization OF either Lang
could not be palmer forcble to express sucn
meaning. If the trainers of the Constitution intended "
provide for the election of Senator commended may
done by the argument for Mr. CALL without the requirement.
of participation by the two houses in their respective "
gained capacity they would have used the Words CHOSEN
by the naembers of the Legislature, words OF ike luz
port, instead of &c chosen by the Legislature"
The following language in the act of Congress- iue
person who receives majority of all the votes OF the 0n'
assembly, majority of all the members elected to o0
houses being present and voting, shall be declared eec
without reference to the preceding section of the act ne
Constitution would appear to be susceptible of the conu
ton contended for in behalf of Mr. Call But IN my
opinion such would be give construction in violation
of tho Constitution.
cit is cardinal rule that all statutes are to be so con
srued to sustain rather than ignore defeat
give them operation if the language will permit nsteau
treating them meaningless ut nsogss vaIea qses
"pereat Whenever be construed and aPPho
to avoid conflict with the Constitution, and give " @
force ofaw this will be done. Where construction WIN
make statute void for conflict with the Constitution an
another would render valid the latter will be aoo