Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-16

be presented, this having been the estab-
lished practice of the board heretofore.
To this the following protest was made by
General Conner:
And the board of State canvaSsers having
thereupOn passed its resolution refusing the
said application. we protest against the said
resolution, and notify the board that any fur
ther action by it under such resolution is re-
glrded as Illegal, null and void.
Counsel for the Democratic Candidates"
The following was next submitted:
That under the fourth section, article 5, 5
of the constitution, returns of every election
of governor and lieutent- governor shall be
sealed up by the managers of election in the
respective counties and transmitted to the
secretary of state, who shall deliver them to
the speaker of the house. That under these
provisions of the constitution the State can
yassers have no duties or powers in regard to
the election Of governor and heutenant-gov-
ernor, but IN any event the duty and power of
the board of State canvassers can extend no
further than to transmit to the secretary of
state the returns which are forwarded by the
managers of the election to the board of
State canvassers. That the State board of
canvassers have no right or duty in regard to
the election of electors for President and
Vice-President and members Of congress ex-
cept to aggregate the vote in the counties, and
certify what persons have received the great
est number OF votes All questions of protest or
contest belong to other tribunals, and not to
the board of State canvassers, to hear or de-
termine. 1t is also submitted that if for the
offices of treasurer, comptroller general, sec
retary of state, attoney-general, adjutant-
general, and superintendent of education,
there is a contest or protest, that the func-
tions and duties of the board of canvassers on
such contest or protest are judicial; that the
board OF canvasscrs, as organized, consists of
+. l.. CardozO, as treasurer, who is a candi-
date for reelection; of I. c. Dunn, as COMP
troller- general, who is candidate for re-
election: and of H. Z. Hayne, secretary of
state who is a candidate for reelection. On
behalf of the citizens of the State whom we
represent, and on behalf of the Democratic
candidates on the State ticket, we protest
against the board Of State canvasserS exer-
cising jurisdiction. That the members of
the said board, hereimbefore named,
and all the Republican candidates, were
voted for on one and the same ticket,
and the offices of each and every one
of them depend upon the same causes and
decision, and for said Cardozo, said Dunn,
said Hayne, or any one of them, to hear or
decide any contest or protest in regard tothe
said offices, is for them to make themselves
Judges in their own case, and to enable them
to decide the election in their own favor.
Against such bold violation of justice we
enter our earnest protest.
The following was also submitted:
1--WE desire to enter our protest against
the decision of the board that the count of the
electoral vote shall close within FIVE DAYS
from the tenth of November and claim that,
while the, count must commence on the fourth
day from the tenth of November, it can con-
tune until the returns are complete, and
that the board of State canvassers should so
hold"
General Conner's name is signed to all
these, as counsel for the Democratic candi-
dates. The chairman announced that the
board would now go into a consideration of
these various matters, and make known its
decision on Monday at ten O'Clock. Counsel
then Withdrew. The following resolutions
were then offered by Attorney-General Stone
and adopted:
Resolfcd That the board of State canvass
ers do not propose to canvass the returns Of
governor and acknowledgements, as it is of
opinion that the determination of the election
OF those officers Is gwen by the constitution
to the general assembly.
ReSolred That the State board of canvas
sers have the right to hear protests as to the
election of electors for President and Vice
President and members of congress, and to
give the certificate to such persons as have
the highest number of votes.
Adopted unanimously.
ReSOlred, That it is the opinion of the board
of State canvassers that the state treasurer,
secretary of state and controllcr-general have
the right to sit as members of this board to
hear and determine all questions coming be-
fore them, except that neither of the said
officers shall vote upon his own election
Unanimously adopted.
What Governor Chamberlain says.
In response to my application to Governor
Chamberlain for his views of the result of the
election in this State, he has furnished me
with the following: ''The official returns are
still incomplete. No exact figures can be fixed
till these are received. Granting all that can
be plausibly claimed by the Democrats, Hayes
will have majority of over 1900, and Cham
berlain majority of over 2l00. Taking what
We believe the final official returns will give,
Hayes will have majority of over 1000 and
Chamberlain of over 500. The legislature
viii he Republican in both houses, with about
twenty-five majority on Joint ballot"
The latest returns at the Democratic head
quarters gives Hampton's majorities at
A,288, Chamberlain $ at %, 952, a net major
ity for Hampton of 1896 All the counties
have been heard from, the majority is official,
and it is considered that the final official re-
port will not vary from this by one hundred
votes.