The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-24
FLORIDA.
Tn. injunction Against Tn. Cover

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~ 80 nor.
TALLAHAsslz, November 20. The
court before which the case Of iniune-
ton against the Governor and man.
damus against the Returning Boaad was
to be tried, met this morning. Inc
court room was crowded. The Governor
presented through his counsel an affidavit
In which he stated he had never made
up bis mind to canvass the vote, and has
not stated to any one that he had done
so; that even up to the present writing
be had not decided as TO whether ne
was empowered to canvass votes.
The Democratic counsel disregarding Tits
| affidavit, argued that the Gov.
ernor h,tII no right to oanvsst lie
electoral voLe. but that such right resided
in the Canvassing Board; ndfarther
that the court did have Jurisdiction over
the governor, not IN restraining MIN
! 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.
Geceral Barlow replied on behalf OF
the governor, and denied the jurisdiction
of the court. He said an Injunction IS
sued against the governor BY q judge on
the bench would have no more effect than
if it were issued by private Individual
He abiured the judges to carefully
consider the riak he run in issuing writ
OF Injunction that could not be enforced
by any iegitimite procedure if the Gov
ernor wss determined to resist it. Gen.
Barlow did not enter into the merits OF
the case AZ all, but merely stood upon the
lack of jurisdiction on the part OF the
court. At the close Of his argument the
court adjourned. The decision Will
be probably reached tomorrow
There is cgna lerable excitement
here. 1t is very generally believed that
the Governor will not obey the inJunc-
ton, even if it is issued tomorrow. Inc
Republicans all deny that the Court has
q shadow of jurisdiction.
The Secretary OF State says this even
ing that the three counties of Dade, Bre-
ward and La Faye.tee have not yet been
heard from.
New YORK, November 23.--At-
torney-Gen, raj Cooke of Florida,
telee raphed to the Herald in answer to
an inquiry, respecting the powers and
duties of the State Board OF C4nvas:ers
Of Florida, also respecting the claims o!
Gov. Stearns to canvass the votes OF the
people of that state for Presidential cleo.
Tors and respecting the delay 20 begin the
canyassinc of the vote of the state rs fol-
lows:
First-Goveruo Stearns has no au-
thority under the Laws OF Florida 10
canvass the votes for Presidential cleo
t.s. Seconds State Board of csnvassers
Is constituted the by laws Of Florida, act
of February twenty-seventh, 1872,
consisting of the Secretary of State,
Comptroller and Attorney General. The
same act requiring votes TO be made.
the first name OF members of the board
to wit, the Secretary of aid also requires
him to notify other prominent members
Of the Board to assemble and proceed to
canvass the county returns. Ihlrd-the
duty of the Secretary of State
is to notify his associate members
to the State board Of canvassers
10 assemble end proceed with the canvass
of the returns which he has received,
and has been publicly protested against
By electors voted for III the last election.
Moreover the members of the board have
each of them been commanded by q
competent court, Of this State, to show
cause why they should not go on with
their duty, and continuance OF such
delay on the part Of The Secretary Of
State would have the misfortune OF pre-
venting the proofs Of all the alleged
frauds from being exhibited before the
board, as the ground Tor pureing the re-
turns, or the misfortune, possibly, of pre-.
venting the vote for the Presidential
ele ctors IN Florida from being cast in
conformity to the will OF the people.