The New York herald., 1876-11-24
FLORIDA.

FLORIDA.
THE QUESTION OF ENJoINING THE GOVERNOR
FROM CANvAssING THE ELECTORAL VOTE BE-
FORE THE coURT-CoMMENT OF THE RE-
PUBLICAN COUNSEL ON THE JUDGES WANT OF
POWER TO ENFORCE HIS DEcREEs-INDIcA-
TIoNs THAT THE STATE is TO BE COUNTED
FOR HAYES AT ALL HAZARDS
By TELEGRAPH TO THE HERALD.
TALLAHASSEE Fla, Nov. %, 1875
Judge White, before whom the cases of tho iDjunc
tion against the Governor and the damus against
the Returning Board be t-eS called the attor
ncys together at eleven this morDinA The court room
was literally jammed. There W.tc probably fifty
lawyers in the room cumped together in opposing
bodies according TO their political tendencies
DEMOCRATIC COUNSEL
Tho democratic phalanx was fronted by D. W. Sell
lers, OF Philadelphia, with his bright, keen face
Governor Brown, OF Georgia. with his wise, reliable,
old head; Colonel Bidde, OF Philadelphia precise, but
alert, ana Colonel Raney. a talented member of the
local bar. Mr. Aanton Marble, twisting his EYEGLASSES
rather ncrvousy, sat to the lett, hanked ny Mr. saon
STALL OF Boston, who sedutely chewed Florida Rose.
REPUBLICAN LAWYERS
The republicans were headed by General Barlow,
who, pending the illness of Judge Emmons, to
Noyes Of Ohio, and Lew Wallace Of Indiana who from
time TO time conveyed disJointed law him through
Whispers Every seemed TO be impressed with the
serious import the except Mr. w. &. Chand
Ter, ugly, fippant look upon his face that
nckered up and down between smile and sneer 1t
evident before the was opened that the Gov
ernor had determined deny tho jurisdiction Of tha
Court
THE GOVERNORS FIRST
The very first paper presented confirmed this view.
This affidavit from Governor Stearns, in which,
after protesting against the jurisdiction Of the Court
and asserting that any writ Issued against his person
as Governor would uc utterly null and void went
to say he had pretended that he could
certncates to the electors without official decara-
tion the Canvassing Board; that he had pro
posed do it; tnat he had never stated that had
determined TO 40 IL; that he had, in truth. deter
mined do IT.
ARGUMENT DEMOCRATS.
The democratic managers, disrcgarding the aldavi(
of the Governor which they regarded AS evasve and
shiity proceeded argue upon the advsabity
and legality Of the injunction. Mr. Raney, In an
elaborate speech, argued that electors were State
officers ana that their vote must be canvassed by tho
State Board, which instructed by law to canvass
the Of all State officers He argued that the Court
haa power Of enJoiuing the Governor from doing any
or right OF dong which did not reside inherently
IN this Office. Referring 10 the alleged inability
OF the Court enforce its injunction against the Gov
alter it had issued IT. he begged that the Court
have apprchensions on that score, aud, said he:
Let considerations of this sort deter Your Honor.
Issue your iujur clion, and 1t WILDE respected"
REPLY THE REPUBLICANS
General Barlow opened by stating, in behalf of the
Governor that he would enter into discussion of
the of The at ALL but should merely argue
against tho jurisdiction OF The Court Said he:-
IL shall not say whether the Governor the Board
has the right TO canvass the vote, but am here 10
deny that you have and to prove that you have
any jurisdiction over the Governor say TO Your
Honor, IN all respect, that, although you sit there
clothed in the forms OF the law, injunction
you against the Governor would have no more effect
than IL werc issued BY any private citizen. And in
all respect caution Your Honor 10 DO carefully obser
want Of the peculiar circumstances that surround this
The eyes OF the whole people OF America
are upon you 10 day. Lawyers statesmen, editors
citizens will accurately note every word that is
said here, and will comment with vigor and emphasis
on what is done here. Your action to-day viii mako
history; your decision will be quoted rs precedent
Tor years 10 come II is useless deny that
dous political results hang the proceedings OF this
court and The proceedings that VIII follow There are
q number oil oliclal and quasi Official bodies
that may have those questions come before
them in turn Yours Is the tribunal before
which the work 10 initiated. Impress you again with
the importance of your settling Tor these bodies a
precedent of harness and strict justice doubt II any
judicial proceeding in the history OF the world ever
SSArenlng
engaged in and those which VIII follow L. For you to
by injunction with tho counting OF the votes
for the President would be monstrous shock TO tho
well-trained sentiment OF the country.
General Barlow then went into . lengthy argument
going show the Governor, the head OF co-ordi
nate department. could not be reached by any
judicial proceeding tnat attempts TO prevent the
dong OF an act his part. General
Barlow did not deny that acts OF q Governor
nigh. be subject review OF the Court, but that In
functions could not prevail against him In advance
He quoted largely from the decision OF the Supreme
Court OF the United States when attempt made to
get an injunction against President Johnson and stop
the working OF the Reconstruction act lar Misss-
sppi was concerned He alluded to the fact that the
Court would not ALLOW even the fling Of
the bill, and the President not even
represented by counsel, but by Mr. Stanton who ap-
peared amcus curio. lie then drew parallel be-
tweon Preslden, Johnson and Governor stearns, IN
which he showed that tho were analogous. AL.
ludng 10 the possibility that tho Court would sustain
It's temporary injunction. he asked how will you go TO
work to eniercc ~ say to,you that you would DO
utterly helpless. You order the Sheriff 10 20 and
arrest tho Governor, the Governor resists; the
Sheriff summons posse, the Governor re-
sponds by calling out his military. and u
that be not sufficient he will call the
President to furnish him protection. He then adlured