Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-11-23
Tho Indicnanf World-
FLORIDA.
Opinions Of the Attorney General Of

NEW YORK. Nov. gi.-AttOrney General
Cooke. of Florida. telegraphs to the HsTy4f
in answer To an inquiry respecting the pow
erS and duties of the state board of canvass
erS OF Florida, and also respecting the claims
OF Gov. Stearns 10 canvass the votes OF the
people of that state for Presidential electors
and also respecting the delay TO begin the
canvaSsing of the vote of the state aS fol
lows: LIST. Gov. Stearns has no authority un-
der the laws OF Florida To canvass the vote
for Presidential electors. ID \ state board
of canvaSsers is constituted by the laws of
Florida, (act of February z, 1922 consisting
of the secretary of state. the controller. and
the attorney general The same act requires
the county election officers To transmit their
canvass of the votes To the frSt-named MEM
Der OF the board, 10 wit: The secretary Of
state, and also requires him 10 notify the
other two members of the board 10 assemble
and proceed 10 canvass the county returns
Sd. The delay of the secretary of state To mo-
tify his associate members on the state
board of canvassers To assemble and proceed
with the canvass of the returns which ne has
received, has been publicly protested against
by electors voted for AT the last election
Moreover the members of the board have
each of them been commanded by a CONNIE
tent court of this state To show cause why
they shoyld not go on with their duty.
Another View Of the Case.
The TTibUle's Tallahassee dispatch says
II Judge White undertakes TO determine a
question over which he has no jurisdiction
his action will either be diSregarded or can
be prohibited by the action of the supreme
court of the state or of the United States
court. If the .canvaSsing board of the state
when dealing with the electoral vote, is per
forming federal duties, the federal courts
have jurisdiction To protect il i'm the discharge
of those duties, in which the United States
has direct interest. When the governor or
canvassing board get ready To act they will
undoubtedly proceed untrammeled by any
suggestions, orders or interference of one out
OF the seven inferior local judges who hap
pen TO have jurisdiction over petty cases in
the county of Leon, in which the Florida
state-hOuse is situated.
Who will Argue the Points.
The HerdJds Tallahassee dispatch saws that
in the argument before the court on the in
junction against the governor and the man.
damus TO the returning board the democrats
will be represented by George z. Raney, OF
Tallahassee, ID. W. Sellers, OF PHILADELPHIA
and ex-Gov. Brown, of Georgia; the republic
cans by Judge EmmOns, of Florida. and Gen.
Barlow, Of New York.
Who Will Decide the Case.
The supreme court. to whom am appeal
from Judge Whiteside's decision will likely
be made, is composed Of Judges Van Walker
burg, WestcOtt and Randall. Judge Van
Nalkenburg is from New York. and was
once Congressman from that state. Judge
Westcott is a Floridian. and n son of Col
WeStcott, who was L. -. Senator from Flor
ida before the war. Judge Randall is from
wisconsin, and is brother OF exp ostmas-
ter General Randall. The Judges are all rep
resented as fair men and good lawyers.
Got the Florida Fever.
Mr.. Kasson, of Iowa, and Mr.. Chandler o
New Hampshire, are quite sick, though no,
dangerously.