New-York tribune., 1876-11-22

candidates for electors Wherefore they pray that
he may be enjoined against issuing any certificates
to any electors unless they shall be declared elected
by ehe Canvassing Board This bill is filed before
p. ". White, Circuit Judge for Leon County. An
order for showing cause has been issued, returnabe
on Thursday.
The utter folly of undertaking by bill in equity
TO enoin State Executive against ascertainlng ana
declaring the result of Presidential vote, if he has
the right by law TO do it, s apparent as to need no
comment; but as if to add to the absurdity the bill
has not been filed IN the Supreme Court of the State
but before little circuit court having very limited
and local powers. By the Constitution OF Florida,
the Supreme Court of the State consists OF the cher
and two associate justices, and among ITS powers IS
given that of issuing writs of mandamus ccrtioran
prohibition quo warTanto, and habeas corpus. There
are also created inferior circuit courts, with
special and limited powers as follows:
The Circuit Courts the several judicial circuits shall
have original Jurisdiction In all OF cquity also IN
at law which involve the title or the right OF pos
session the possession the boundaries OF real
property of the legality of any tax impOst assessment
toll, municipal fine; and all other cases In when
the demand value Of property in controversy exceeds
$500 and of the action of forcble entry and unaWfu
detaner, and also in all criminal cases amounting 10
felony. They shall have final appellate jurisdiction
in all civil cases arising County Court in which the
cases OF msdemeanor the Circuit Courts and the judges
thereof shall have power TO issue writs OF mandamus
Injunction quo warrano, eertiorar and all other wits
proper and necessary the complete exercise OF their
iursdctlon and also shall have power to issue wrs OF
habeas corpus ON petition by behalf OF person
held in actual custody In their respective circuits
In addition to the ridiculous bill in equity, the DEM
ocratic candidates for electors have also filed an ap
pcation before Judge White for mandamus against
the Canvassing Board to compel them TO go on ana
canvass the electoral vote under the law OF 1872
This is also utterly absurd the above shows Ihe
Circuit Court has no jurisdiction in mandamus pro-
ceedings, while the Supreme Court has such Juris-
dction. The law Of 1872 expressly provides that
the Canyassng Board shall not proceed until the
thirty-Gfth day after election unless the re-
turns are all in and the board called to-
gether by the Secretary of State All
these legal proceedings cordm non JHd'oe
and utterly null and void. Whether the Governor
will ignore them or appear and have them dis
missed for want Of jurisdiction is not known
Meantime the question fairly remains open whether
the Presidential vote is by law to be canyassed by
the Governor or the Canvassing Board. IL must be
speedily settled, and ought TO be by the time
the returns are in Whether tho Governor has
the right TO do so he will probably ask
the opinion of the Supreme Court. IL he
cannot ask the court he will take the advice of
such counsel he may see fit to rely upon; or
which would be better, the question may perhaps be
appropriately brought before the Supreme Court by
mandarnus or prohibition and promptly decided
Before this is done and the proceeds il is 10
be hoped that the Democrats will hurry up the re-
turns from Polk, Lafayette, and other Democratic
COMMITTEES. w. T.. CHANDLER.