, 1876-12-02
The Whole Case Between the Board of
uanvassers and the Supreme
Court.
What the Court Wanted, and
What the Bonrd Did.
The Dilemma in which the Democrats
Found Themselves. and the Way
They Tried to Get 0ut
Of It,



seems 10 bc 80 much misunderstood thnt It
would hc well to state bslclS, from authentic
SOURCES, what wero the actual proceedings in
tho Supreme Court aud Of the Board Of State
Canvasscra.
THE DUTIES Ard POWERS or THE BOARD
arc those usually rcsl1ing In such boards. Secs.
70 anl n Of m net approved March !, 1870. are
as follows:
enc. %. rhe hoard. when 4hns formed, shall.
npon tho certified copea Of tho statements t1adu by
tho board OF County Canynaaers, proceed 10 mako
assatcnont Of t!,c Whole number Of votrs given at
snch election for the vsrions officers, and for dnch
eonnties IN whi.r, they ass gven Thcy nhal csr.
tfy snch statement to be correct and subscribe tho
SEC. RI. Gron such Statements they shnli then
proceed to determine md declare what persons
nsvs Sosn e. oy {hs geatst n1ef ~ 81 .9s u
east. ana<t prot<.t or eoaitM tat MY arid %1sS
rttfde tn some other body.
The exception here refors to the oi1lce Of Cor
ernor and Licutcnant-Govcrnor, decision on
which, increase OF contest, is with tho Legtsla-
ture.
On the 14th Of November Mr.. Eoumans, for
the Democrats,
ASKED TIE 8upREuH COURT FOR TWO wRrTs-
one Of nandamus to compel the Board to per-
form tho purely ministerial function Aof asccr-
tuning from tho manngcrs' County Canvass
49, - "Aas ps'suss uass Wv n'ensst
.,.a"sas 80, ~ w. ',s l"v .susn's
thefeoi 10 tno secretary o1 s1ata;" and ono u
prohibition "from hearing any protest or con-
test, and FROM exercising INV judicial funct1ons
wbotcver tor,cl,lrr ia eiertion.y
The G,not .oas' a',as ."e 9se.,os y. no. ,a,,, A..
Inc court adjourned TO she l0th to g'Vo tho
counsel Of tho Board tlina 10 nuswcr.
On the 10th Of November the mottonB were
argued md the Court adjourned.
In Tho 17th tbc Conrt na,,n ,,+ ,r, IN,
c,,,n, w. sa ~ S'uts asa'm sa', any sns
Sniei oast:c s-'ioscs] sa1a taat ''tac Court had
examined tho suggestions Of mnnlanus md
those in prohibition, and before It pruceeds to
mud tnat lie Court rcquires in order to be-
drawn Tint the Board Of State Canrnsscrs ~
furthwstI procccd to rount anG ro,nnarr shc
returms, aid make report Of the result n ti!o @
IN ttr Carr .n '"'+ "eAto'A al 'u0 Pseh'o's
Counsel on both side. them eonsu1tr1 a. In
sclI oil order, but falling to eerce AZ To- tho
TERMS such as.i, 40 order ! T., vas @ ths5supon
AssoInts just,cr W1irh,' d;sesntin~ f-,,,,, ~
1nuri Of the order az rt.nure tha R5,rti ~ rcr' ~
tiy tller action in the premises M to tho % cor.. m
(;uycrnor and L1eutonant"1 1ovcr,nr WIFI whi' 4 Il
wns understood wrrt i,.ft hv 1.n. ~ h. sc,,s
"f tic General hssamhjv. ~ III" ~ tno 0c<-S1oh
It vii be observed that this is, so far, the
intermediary ami tint Il 1cnres In nrto,nni mn.
titIn It'll unueei1ed.
On the 18th, tue Board not being ready to re-
port, further arguments werc heartt by thu
lt5lirt OIL tlIc tuotiuus for manlatnuB md prohl-
btinn, and the Court adjourned without cx-
pressing any optuion, giving counsel IN either
.iuu privilege Of submitting written arguments
before ~ Il. IN. Mo1lduy, L they should 50 de-
sire.
Mondnv, Nov al, the. Board not yet report
tin ncn,ucr"t.c counsel, VI which they asked
an ordcr IRON the Court requiring tho Board OF
Cun'asscrs III reporting tic.r acton under Tho
order Of Nov. II, TO report to tic Court al tho
sar1lc time ul errors and Irregularities IN Tic
statements Ut tho County C4uyasscrs, Il uud 10
annek to their reports all official iocuu,e.ig aud
pa}xrs In their pos,es.iou shopi,,U f1e uafnre md
character Of sieh e1rors and jrrs7,tlarittes. =
Tho Democratic counsel sid. nNn not.ce
Ind been giyeI, and lie ,liu not supnose tim nther
side would objecs.' '''0
THE ORDER WAS 80 ournAazous