The Rutland weekly globe. [volume] (Rutland, Vt.) 1873-1877, 1876-12-15

| wi iiAblllE NlI ltbui uo VI OAltI6s ItluluCN
the Hayes and Wheeler electors os duly ap-
pointed, and they, receiving the proper ex-
| ecutive certificate, met on the first Wednes-
day of December and cast the four votes of
Florida for Heyes aud Wheeler. Ia max
ing this return, it is claimed, that the can
vassers violated an Injunction order Of the
court; but it is insisted, on the part Of the
canvassers, that before the service of the
injunction upon them, they had completed
their canvass snd certified the result to the
governor
The state canvasseIs were attached TO
answer for their alleged contempt in dis
obeying the injunction, and, IN the mean
while, petition had been brought before
the supreme court-the highest judicial
tribunal in the sale--for mandamus to
compel the board Of state canvassers to act
merely as ministerial Cflicers-that is to
foot up the returns as received by them,
and declare the result accordingly. The
contempt case came up for hearing when it
was postponed on the agreement of the
canvasser5 to have an immediate and final
trial on the manlamus case, abide by the
result and act in accordance with the de-
clslon of the court. If the supreme court
should decide that the Office of canvasscr
is simply MINISTERIAL our Florida tee-
grams say that such, undoubtedly, Will be
the result-the canvaseers will reconsider
their decision, open the canvass, and elect
the Tilden electors by come one hundred
majority.
Here then we have two electoral col
leges each claiming to be regular; each
properly certified 70 he elected by the same
board Of canvassefs-one college by the
beard acting both judicially and ministeri-
ally, and tie cther by the beard acting
mais;eIia'ly only-whioh, if either, Is the
legal electoral college OF Florida?
If the board of canvass were clothed
with quasi Judicial powers, then their ac-
tion in revising the county or precinct re-
turns, was legal, right and proper We be-
lieve, moreover, thst such revision was
justified by the proof, and that the ap-
pontment OF the Hayes electors was but
giving force to the expressed will of the
people. If, however, their duties were
purely minieterol, they had only to add up
the le,urns as received from the several
counties OF precincts, and declare the re-
suit therelrom, ard any action beyond this
would be void. Such canvass might,
probably would, give result counter to
Tie honestly expressed will of the people of
the state, but it would be the fault of the
law makers, net only of Florida, but Of The
United States, and the misfortune Of the
county.
Who Is 10 decide whether this boarl of
| canvGsseTs was body clothed y ith quBsi
| judicial powers, or was merely ministe-
rial body9 Does its decision rest with the
courts, with congress, or with The presi-
dent of the senate? AS general PROPOSE
tlon, the decision of the highest court of
a state on the construction of a state law
ard tie law under which this beard of state
canvassers derive their powers is a law of
| Florida, not of the United States-is final
and conclufiye, not only SO far as the
courts of the state are concerned, but with
the courts Of other states and of the United
States. To make such construction con-
elusive, however, it must have been made
in case Of which the court had jursdic.
tion. Who shall decide, IN this case,
whether or not the court had jurisdiction? !?
The court itself, congress, the president OF
the senate, or the supreme court of the
United States?
Supposing-it won't do any harm to
suppose, will it?-that the president OF the
senate, or congress, or whoever else counts
the votes, should conclude that, while Flor
ida had duly and legally appointed four
presidential electors, things were so "mix-
"ed tia it could not be satisfactorily de-
termined who was appointed, and that,
therefore, the vote of Florida should be ig.
nored, what would be the Tesultp The
electoral vote, as counted, would stand
Tilden one hundred and elghty-four, ant
Hayes one hundred and eghty-one; but fol
all that, would Tilden be elected Tht
constitution says that the person having
the greatest number Of votes for president
shall be the president, " il such number b.
ga majority Of the whole number of elec
"tors appointed" In such a case, woulC
one hundred and eighty-four votes be I
majority Of the whole number of electors
"appointedP" If not, would 1t not fol
low that there was no choice by tn,
electoral college, and that the house mus
elect president, and the senate a vic,
president, resulting in the election of Sam
uel j. Tilden for president and William A
Wheeler for vice president.
We do net profess to decide any of thes
questions VIC simply present to our read
ers a view Of the complications which ar
likely to arise if the supreme court o
Florida decides That the board of state can
, vassara is merely ministerial body, an
q direct a Tc-canvass of the returns resultin
n in the declaration of the election of III
+ Tlden electors. While we freely cor
;. cede that, as general rule, the decision c
+ a state court Of last resort Is final and col
4 elusive as to the conltruction Of n stai
= law, We must confess we do net see ho
n any decision tie court may now make, {
h how any Ie-canvass Of the returns, ca
n operate 10 in erfere with a completed ac
SOUTH CAROLINA sENAT0RSHIP.
,t After all the gloriAcstion of the We
n,o,t rros. ouer tho acc,asion of onoth,