New-York tribune., 1876-11-23
THE PROCEEDINGS IN COURT.
JUDGE WHITES JURISDICTION DOUBTED-THE HEAR
ING TO BE HAD To-DAY-A DEMOCRATIC COUNTY
HELD BACK.

ING TO BE HAD TO-DAY-A DEMOCRATIC COUNTY
HELD BACK.
IBY TELEGRAPH TO THE TRIBUNE.
TALLAHASSEE Fla Nov. 22.-NO real progress has
been made to-day in settling the question raised by
the legal proceedings which the Democratic candi-
dates forelectors have originated before Judge White.
The Injunction and mandamus proceedings will
come up Tomorrow If Judge White undertakes to
determine q question over which he has no jurisdc-
ton his action will either be dsregarded can be
prohibited by action of the Supreme Court of the
State or of the United States Court. If the can
yassing board of the State when dealing with the
electoral vote is performing Federal duties the Fed
eral courts have jurisdiction to protect it in the DIS
charge Of those duties which the United States
has direct interest. When the Governor OF can
yassng board get ready to act they will undoubt-
edly proceed untrammeed by any suggestions, or
ders OF interference of out of the seven inferior
local Judges who happens to have jurisdiction over
petty cases in the County of Leon, in which the
dilapidated Florida State House Is situated.
Meantime, the Republicans anxious to have
the Democrats hurry up the returns from the Demo
cratic County of Lafayette, usually casting about
300 Democratic to 80 Republican votes. 1t is to be
boped that the returns is not kept back that they
NAV be sufficiently altered to destroy the actual
majority for Hayes, and then brought forward too
late for proof to be obtained of the fraud.
The merits of the question which to be settled
before Judge White, if the Judge has any jursdic-
ton of the subject to be determined by correct
construction of the laws Of Florida. The question
;s whether according to the laws of Florida the
Governor of the State or the canvasslng
hoard consisting of the Secretary of State,
the Controller, and Attorney-General of
the State. is to ascertain and declare
the result of the vote in the State ON the 9TH OF
November last for Presidential Electors. Ihe only
authority under which the canvassing board can act
is Section of the act of Feb. 27, 1872. That act
is in amendment of the Election law OF 1868. III
provides that on the 35tR day after the holding OF
any election for any State officer, member OF the
Legislature, OF Representative in Congress-or
sooner if the county returns shall be received-the
canvassing board shall proceed to canvass the re-
turns of the election, and determine and declare
who shall have been elected to any such office or as
such member. This 4th Section of the Law OF 1872,
il Ia argued by those who hold for the Governors
inrisdiction excludes the idea that the canvassng
hoard IL to declare the result Of vote for the Pres
dential electors it expressly confines their func-
tiops to counting the votes for State officers and
members Of the Legislature and Congress.
II the argument Is good that the canvassing
BOARD IL excluded from canvassng the Presidential
vote there is then NO law in force for counting ana
declaring it, except that Of JAM o. ls47' entitled.
An act to provide for the election OF electors OF
President and Vice President of the United States"
Section of that act provides that the returns OF
the electoral vote shall be opened by the secretary
of State and he shall make out and sign aceruncase
containing In figures and words o. xau lSnStn sae