The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-11-24
FLORIDA.

Democrats Toying 10 Bride the Canvass
ers.
Especial to the N. Y Times
TALLAHASSEE, Nov 23-An Intellectual effort
has been made in two instances to bride Re-
publican members of the csnvassing board in
the interest of Tilden.
Judge Whites Court.
W. e. Chandler telegraphs relative to the
pending injunction and mandamus proceedings,
that if Judge White undertakes to determine
question over which he has no jurisdiction his
action will be disregarded, or can be prohibited
by the action OF the Supreme Court of the state,
or by the United States Court. If the canvass
ing board of the state, when dealing with the
electoral vote, is performing Federal duties the
Federal courts have jurisdiction to protect it,
in the discharge of duties in which the United
States have direct interest. When the Gov
ernor or the boards get ready to act, they will
undoubtedly proceed uutramelled by any sug-
gestions, orders or interference of one out of
the seven inferior local judges who happens to
have jurisdiction over petty cases in the coun-
IS OF Leon, in which the Florida State House
is situated. Meantime the Republicans are
anxious to have the Democrats hurry up the
returns from the county of Lafayette usually
casting about 300 Democratic to 30 Republican
votes.
ITO the Associated Press.1
Democrats Still Claim the State for Til
den.
=, A despatch has been telegraphed back to
this point from Washington in which it is
claimed that the returns are all in and that the
face of the returns show majority of 1853 for
Hayes 1t is imp possible to find any confirma-
ton of this report. Indeed, the Secretary Ct
State says this evening that three counties.
been heard from. The widest figures cannot
make majority of 763 for Hayes or for Til
den. The difference will hardly be 200 either
way, the chances favorlng the Democrats
Opinion of Attorney General Cooke.
VIM. Archer Cooke, Attorney General of
Florida, telegraphs his opinion as follows:
:, flrst-Gov. Stearns has no authority under
the laws of Florida to canvass the vote for
Presidential electors.
Second-A State Board of Canyassers js con-
sttuted by the laws of Florida fAct of Feb.
u, 1879. consisting of the Secretary of State.
Comptroller and Attorney Genaral. The same
act requires county election officers to transmit
their canvass of votes to the first named mem
bers OF the Board, to wit: the Secretary of
state, ana also requires him to notify the other
two members of the Board assembled, and pro-
coed to canvass the county returns
Third-The delay of the Secretary of State to
notify his associate members in the State Board
OF Canvassers to assemble and proceed with the
canvass of returns which he has received has
been publicly protested against by tine electors
voted for at the last election. Moreover. the
members of the Board have each of them been
commanded by competent Court of this state
to show canse why they should lot go on with
their duty. The continuance of such DELAY IN
the part of the Secretary of State would have
the misfortune of preventing proofs of alleged
fraud from being exhibited before the Board
as ground for purging the returns, or the mis-
fortune possibly of preventing the vote of the
Presidential electors Of Florida from being cast
in conformity to the will of the people.
The Returns Prina Facie show Ma
jority of 7S3 for Hayes.
WASHINGTON, Nov. % A telegram from
tallahassee, Fla, to the Republican National
Committee SAYS the official returns from all the
counties in Florida are in, and on their face
show 1853 majority for Hayes.
Hearing ON the Ipjnuc,Ion-Decision Re.
served.
TALLAHASSEE, Nov. 23-The court be'ora
which the case of injuactIons against the Gov.
ernor and the mandamus of the returning
board was to be tried, met this morning AT II
o'clock. The court room was crowded to it's ut
most. The Governor presented through conn
sci an affidavit ip which he states he had never
made up his mind to canvass the votes and had
not stated to any one that he had done SO; that
even up to the present writinghe had not de-
cided that he was empowered to canvass the
votes.
The Democratic counsel dsregarding this af-
fidavt argued through George P. Raney, that
the Governor had no right to canvass the cleo
toral vote, but that such right sresided with the
canyasslng board; and further that the court
did have jurisdiction over the Governor, not in
restraining him from doing what he was en-
powered by law to do, but in restraining him
from performing an act he had no right to per
form under the law,
Gen. Barlow replied on behalf of the Cover
nor, and denied the Jurisdiction of the court
He said that the @Djnnction issued against the
Governor by the judge on the bench would have
no more effect than if it were issued By pr
yate individual He abjursd the judge to care
fully consider the risk he run in issuing a writ
of injunction that could not lie enforced by any
legitimate procedure if the government was