The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-11-30

members of the board had been taken from
him by habeas corpus, and was ordered to file
copies OF the papers in court to- morrow.
Gen. Ruger arrived here tonight from ITALIA
hassee.
FLORIDA.
TALLAHASSEE, Nov. 23.-The court before
which the case of injunction against the Gov
ernor and mandamus against the returning
Board WAS to be tried met this morning. The
Governor presented through counsel an atf-
davit, in which he stated that he had never
made up bis mind to canvass the voto, and has
not stated to any one that he had done so ;
that even up to the present writing he had not
decided he was empowered to canvass the
vote.
The Democratic counsel disregarding this
affidavit, argued that the Governor had no
right to canvass the electoral vote, but that
such right resided in the CaDvassing Board,
and further that the court did not have iuris-
diction over the Governor in restraining him
from doing what he was empowered by law to
do. but In restraining him from performing
an act he had no right to perform under the
law. s 20. As sAAss1eA IS - 4
Gen. Barlow replied on behsf of the Gov
ernor, and denied the jurisdiction of the
court. He said that an injunction issued
against the Governor by Judge on the bench
would have no more effect than if it was is-
sued by private individual. He abjured the
Judge to carefully consider the risk he ran in
issuing writ OF Injunction that could not be
enforced by any legitimate procedure if the
Governor was determined to resist it.
Gen. Barlow did not enter into the merits of
the case at all, but merely stood upon the lack
OF jurisdiction of the court.
AT the close OF the argument the court adj
journed.
TALLAHASSEE, Nov 24-The arguments in
| the injunction and mandamus cases we're con-
tinued to day before Judge White. Mr.. sell
lers and Judge Beddle, Of Philadelphia, in
speeches, and Gov. Brown, of Georgia, by
written argument appeared for the Democrats,
and Gen. Barlow and Judge Emmons for the
Republicans. The court adjourned without
rendering decision.
TALLAHASSEE, Nov. 25.-The Board of Can
vassers received notification this morning from
the Secretary of State who is ex-officio mem
| Der of the board, and charged with calling
| together, that they must meet at IL o'clock
noon Monday, to canvass the vote of the State.
The Judge has not yet decided the injunction
and mandamus cases now pending before him.
The board will admit a committee OF five
from each of the political parties and the Chair
men of the two State Committees to its ses-
| sions. Hja
| The official returns are all in. The result
| will hardly be reached before the 9th of De-
i cenber when, by law of the United States,
electors certificates must be issued.
| TALLAHASSEE, Nov. IT, The Canvassing
Board met to-day in the Office of the Secretary
| of State. Mr.. McLin in the chair.
| A protest was filed by the Republican electors
| against Attorney General Cookies sitting as a
member of the board, Oh the ground that he
had virtually decided and given a decision prior
to the assembling of the board, in that he had
telegraphed that the Democrats had certainly
carried the State, and that the Republicans
| could not cheat them out of it.
| Mr.. Cooke stated that he had sent the dis
patch in reply to friend in Baltimore, who had
asked his opinion, and who had furnished it to
the newspapers. He respectfully submitted
that the dispatch and the opinion therein con-
tanned did not disqualify him for sitting as a
| member of the board.
The protest was entered, and the Board pro-
| ceeded with theregular business.
Mr.. Cowgirl moved that Gov. Stearns and
Gen. Brannan, commanding the troops at this
point, be admitted to the sessions of the board.
Mr.. Cooke amended by adding the name OF
Mr.. G. f. Drew. The amendment was &C
| cepted.
The board then went into private session,
and adopted rules for it's government.
The board then agreed to admit six gentle
men from abroad and six local politicians from
each side.
Adjourned till tomorrow, 10 o'clock.