Palatka daily news. [volume] (Palatka, Fla.) 1919-1994, 1922-04-04

itions of representative in congress
(which law will also apply to sem
ator) in the case Of state Of Florida
ex rel H. Bisbee, Jr., VS.. Board Of St.
Canvassers, FILA, Dec. 20, in which
Chief Justice Randall says that the
qualifications of member of con-
gress cannot by any possibility be
brought into question in a proceed
ing in the state court and can be
tried only by congress, and that
when a congressman is elected he is
entitled to demand a certificate of
election and the legality Of it must
be submitted to congress to pass
upon.
"But above all we have case in
our supreme court, in % Fla. Dec.
PIP. 441-510, inclusive, covering eighty
pages of discussion of this law), in
which the opinion was delivered by
the chief justice. who was the Hon
orable George P. Raney, father of
the George P. Raney whose letter
was. published in The Tribune, being
the case of State of Florida ex rel
Francis P. Fleming VS.. j. L. Craw-
ford, secretary of state, in which the
authority of the state to question the
qualifications of United States
senator are discussed at length, and
he therein quotes the section of the
constitution of the United States
which have cited above and makes
this comment:
The constitution Of the United
States has not elsewhere given to
this court (referring to the Florida
supreme court) the power to pass
upon the legality of the election Of a
United States senator, but by the
last of the provisions quoted above it
has expressly excluded from it the
right so to do. The constitution of
the state has not attempted to con-
fer any scuh power upon us nor has
congress nor our own legislature,
nor is it imagined that any such at
tempt would be made
"And he there cites a former opin-
ion, of our own supreme court in IL
Fla, p. $50, by Chief Justice Randall,
in which he says the senate of the
United States is the exclusive Judge
of the election, return and qualifica-
lions of its own members. Whether
an election of a senator by state
Legislature is in conformity with such.
regulations as are prescribed by con-
gress or whether for want Of strict
conformity Herewith it is illegal and
void are questions which this court
has no jurisdiction to decide.
Judge Raney in the Fleming case
goes on to quote the Bisbee case
with approval and following such
quotation says:
"Thus again the court does not
permit it's jurisdiction and right of
the relator in procuring the evidence
of an actual election to be defeated
or interfered with by its inability to
consider questions. of the legality of
such election
"The chief justice further says
that it is beyond the comprehension
of that court that person should be
denied the certificate of election
when the court IS unable to inquire
into the legality of the appointment
of United States senator.
Sand the above law was pronounc-
ed by Mr.. Raney's father, for the
soundness of whose judicial decisions
all lawyers have very profound re-
spect.",
And we may rest assured that Mr..
Raney will make reply, but, after
all, it will not alter the final result.
The term oil "oil" starts many a
turmoil.
The aftermath of war is intense
application to higher math.
Don't pity the man with the hoe.
He's probably after bait.
The only place where eats come
before sweat is in the dictionary.
Recipe for solving any government
problem: First soak the taxpayer.
Thank God, pedestrians don't have
to lose time changing gears when
eluding a speeder.
You can usually tell resident of
Easy street by the fact that he
grunts when he bends to lace shoe.