Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-12-22


Gen BlIlow, who went to Florida at the
Presidents request. has made q report Of
what he found there. lie says that he is
not prepared to say positively whether the
Republicans or the Democrats carried the
State. because the points involved are such
that no man can arrive at any conclusion on
the whole case with entire confidence that
be is absolutely correc: in his Judgment. lie
says that if he had been a member OF the
board of canyas>ers he would not, on the evil
cence Submitted, have thrown out the votes
Of some of the strong Democratic precincts
which were rejected by the board, bat the
evidence was conflicting and fair-minded men
might well differ. General Barlow reviews
al some length the several cases Of contest,
some of which seemed to him rightly, and
Others enormously, decided, but in all be
gives the can1assing board credit for having
acted fairly. In the Key West case, where
the vote Of one ward, 40l Democrats and SO
Republicans, was thrown out, the objections
were that the Republican challengers were
interfered with and their challenges disre-
garded; that the canvass Of the votes, not
being completed at midnight, was adjourn
ed, one Democratic inspector keeping the
ballot box and the other the KEY, the Re-
publican not knowing anything CT the result
OF the canvass so far as made, nor having any
assurance that the box was undisturbed dur
ing the night. The adjournment was not
denied and is illegality was admitted. The
question for the board, D." says Mr.. Barlow,
was whether it sufficiently appeared that
the votes had not been tempered with.
When the poll was reached in the delibera-
tons of this board, Mr. Cowgirl, one of the
Republican member left the question, as
being one of law, to Mr.. Cooke, the Demo-
cratic member, saying that be should vote as
Mr. Cooke did. The latter thereupon said
that the precinct should be thrown out, and
it was dcne''
In this case Mr.. Cooke subsequently
changed his mind, after the case became
desperate for the Democracy; bat the Relub-
lican members did not feel bound to reverse
their former decision at his bidding. OF
couree there can be no reasonable ground of
complaint Of partisan unfairness in this de-
eision, which was adopted with the advice
and assent of the Democratic Attorney Gen
eral.
In Archer county, General Barlow says,
he should have reduced the Republican
majority by 2l9 votes, though upon the con-
fict of evidence one might with fairness
and honesty decide the other way, as the
board did. In Jackson county the board
threw out,two precincts. General Barlow,
on the evidence. would have thrown out one
of them, and is undecided about the other.
OF one county, where votes were rejected for
formal or technical reasons not quite salts
factory to his mind, General Barlow says
with much force
II NAV say here that have no doubt
that, in deciding this case, the judgment of
a majority OF the canyassiDg board was much
affected by the example set by the Demo
cratic House OF Representatives in the cleo
iion case of Platt against Geode, in which
the vote of whole county, giving large
Republican majority, was rejected for the
sole reason that few unimportant words
OF attestation upon a county return were
omitted, although copy, correctly attested
and certified, WAS produced. This decision
Was far more nigrantly wrong than any
made in the Florida case. and it called from
the Democratic chairman Of the House COM
mittee (Mr. Thompson Of Massachusetts,
the declaration that it was the greatest
outrage upon free election ever perpetrated |
in this or any other county or words to |
that effect. In view of this decision by the |
Democratic House, it is perhaps too much |
t. expect that I'll is Political tribunal in |
Florida should overlook the serious irregu
lariiies and illcgaities in the polls rejected
BY them"
Reviewing the whole case, Gen. Barlow
says that though he is aware that if all the
contested points had been decided as be in
dividually would have decided them,
the result would have been declared Dem
ocratic majority, be is not sure whether
Hayes or Tilden had the greater number Of
legal votes. But he does not quarrel with
the decision of the board, who were com
PEELED to decide the casa, and whose deter
of it is final. The case, as has been
said was one on which fair-minded men might
differ. In such case the only safe way is
to accept the judgment of the tribunal pro-
vided bS law for rendering judgment.