State ex rel. Fleming v. Crawford

Citations

• 28 Fla. 441

Syllabus

<p>1. Tlie performance of a clear ministerial duty may be required of tlie Secretary of State by mandamus.</p> <p>3. Neither the Secretary of State nor the Supreme Court of Florida has power to pass upon the legality of an election of a United States Senator by the Legislature, or of an appointment of a Senator by the Executive of the State. The power is in the United States Senate alone.</p> <p>3. The commission of a United States Senator appointed by the Governor should be signed by the Governor and sealed with the Great Seal of State, and countersigned by the Secretary of State, in accordance with section 14, Article IV of the Constitution of this State.</p> <p>4. Where there has been an election of a United States Senator by the Legislature and afterwards the Governor, holding that there is a vacancy in the office on account of the illegality of such election, signs and appointment or commission of a United States Senator and requests the Secretary of State to seal the-same with the Great Seal of State, and to countersign it, it is the duty of the Secretary to do so, and he has no right to refuse because he deems the Governor’s action illegal. If he refuses the performance of the duty it may be required by mandamus.</p> <p>5. A commission is not complete until it has been signed, countersigned and sealed in accordance with section 14 of Article lVr nor is a copy of an uncompleted commission, or of the record thereof, evidence of any appointment to office.</p> <p>6. Affixing the Seal of State to an executive appointment of a United Senator and countersigning the same does not commit the Secretary of State to the legality of such appointment. It implies, no opinion as to the legality of either such appointment or of a previous election of another person to the same place by the Legislature.</p> <p>7. The commissioning of a United States Senator or other public officer is a matter of public interest, and it is the duty of the Executive to see that his commissions o