The New York herald., 1876-11-22
FLORIDA.

FLORIDA.
GOVERNOR sTRAEXs UNDEn JUDICIAL nE-
sTRAINT-THE CIRCUIT COURT TO HEAR AE-
aUMENr TOMORROW ON HIS ALLEGED RIsH7
TO CANVASS THE ELECTORAL voTR-CITA-
TIoN TO THE BOARD or cANvAssEns.
[By TELEGRAPH TO THE HER,LD.l
TALLAuAssEE, Nov. u. ls76
The democrats scored the irst decided advsstaes in
the campaign To-day in securing Circuit Court or
dcrs from Judge White.
The urs. order demands that tho Governor shall be
present show before him, at Tallahassee, on
Thursday eleven O'Clock. why he should not DO
permanently enJoinod from canvassing the returns OF
the electoral the exclusion OF tho state Board
Of Canvasscrs In tho meantime he IL restrained, BY
order OF the Court, from making out, sgnng sealing
or delivering AZ Governor. 10 or IN favor OF any
person persons, any certificate or certificates -
cector electors OF President and Vice President Of
the United States. having been chosen appointed
election hold In tho State OF Florida the 7sh
day OF nsL unloss such certificate cersif-
shall be accordance with pursuant to the
declaration and determination OF the Board Of Can
PROVIDED for constituted BY tho act OF the
Legislature or Florida, passed February ~. 1872
si,ied An oct to smend provide tor the
gs,rs,on OF electors and the holding q elections
approved August 1868. y
EPPECr OF THE OkpkR-
This order gvos the democrats great encourage ment
and correspondingy demorazing the republicans
who expecting any such action BY tho Court
Tue injunction was delivered Governor ssoarns BY
the Democratic State Committee who stated h.. they
appeared tho matter SIMPLY Tor the reason that the
paper might como from their hands with moro grace
courtesy from the hands Of sns officer Of tho
Court Governor ssearns appeared TO be considerably
astonhsd but took the matter quietly and pleasantly
CovERSoR srgARxs' INTENTION FRUSTRATED.
There Is hardly an admissible doubt that tho Gov.
crnor had intended to assume the powcr Of can.
vass.ng the electoral returns, and was likely
10 do SO at any moment had ne not bces
restrained by this injunction. The desperate
OF his advisors contend that there Is question a. q
whsho. m injunction from tho Circuit Court
strain governor he may be urged to disrc.
gard the edct OF this Court II Is believed, however.
that no will yield moderate counseIs, and win
appear before the Court cited, on Thursday, ana
defend his jurisdiction. II no beaten there be
appeal TO tho Supreme Court
UNCERTAINTY TO MS ACTION.
Your correspondent waited tho Governor to-ntSN
ana asked him wha: woulo pursue in the
matter He replied, ~ have not seen tie bill which
the rsstraining order issued, ana OF course,
unable to say what shall do.
ruE STATE HOARD II COURT.
The attorneys ior tho democrats also applied for
mandamus yesterday to force tho Board to
canvassng the returns already as Il was an
aounced In tho HrRALD they would do. Tho Judge
issued an order each or the members Of tho Can
vassing Board, demanding they appear Tnurpday
before hlm and show why they should not be droctsd
70 proceed st once with the canvass Of tho rcturna
These papers were served by tho sheriff, late this
evening" and together with the Injunction against the
Governor have put the republicans into quite nut:or
Tfu Rnxr wfl nko thei h9 CuuF
have the two cases before it as tho smo
As the depend each other. or course, II the
Court decide that the Govornor has the right
yass vocs ths bill asking for the order compelling
the Board will laii to the grsund 20 tho
andamus issued the Injunction follows . matter
Of course.
Judge White is quite able lawer II il said his
decisions have reversed before the supreme
Court Ia u single instance.
PARTna
The work Of the past two days has markedly de-
yelopsd the diverse policy Of the players thm
shrowd game which such tremendous stakes
hanging The democrats rushing every
thing to trial, tho republicans are delaying
matters by every possible means II the
democrats could bsvo what they wished they would
have the Board Of CanvAssers meet tomorrow. adni
both SIDES to hearing and have tull and cosppeso
Investigation Of the whole matter, with . dsoisisn
from tho Board aitor the argument had been ex
hausted. Every step that tney havo taken looks to
this end. The republicans would DO pleased 70 have
the csnvassng postponed 10 the very last moment 80
that tho Board would either tail 70 meet ~ all and
thls give tho Governor the pleA oi necsssty
In canvassng the electoral vote and issu-
ing his certificates on the OH OF Dscembsr,
or Il the Board did meet TO havc meet 20 near the
9th that there would be time tor full invsstiga-
ton into points Of contest This % ssssntaily she
position OF .no ,wo parsa rhcro are, however somc
republicans who do mot favor the cvasvc course 10
which their party has plainly committed isscE
ono Of tho republican leaders hero to-day, dissin-
guisbed for his fairness aud sncorsy, said to your
correspondent: :--"wh,le I doubt ir under ordinary
circumstances, tho Board should opon the canvass
betorc tho returns ali In. the
thlrsy-Ath day after tne eltctioA has
arrived attn II the returns 10 not reach u directly,