New-York tribune., 1876-11-22
p Q S T 5 G RIPT.
$3.50 a. m.
LATEST ELECTION NE VS..
THE COMPLAINT OF THE FLORIDA DEMO

| THE COMPLAINT OF THE FLORIDA DEMO
| Gratis.
| TALLAHASSEE. Fla. Nov. 21.-The bill filed by the
Democrats praying that the Governor be restrained
from exercising the right to the vote recites
| in essence as follows:
That the orators received the day OF election votes
for the office Of electors and that they qualified TO
hold the Office OF eector That in accordance with an
ac: OF the Legislature OF Feb 81 A. d. 1872 entitled
An act TO amend an act to provide for the regstIa
ton Of electors and the holding OF elections" approved
Aug g. 1865 the returns for said office required tC
canyassed by the Board OF state Canvassers, which
the exclusive duty, Junction. and jurisdiction
determine aud declare who shall have been elected "a
tho office OF Elector of President and Yce-Presdeni
aforesaid.
That the Governor of Florida IL vested with no juris
dcton duty or function to any returns for the
Office OF Elector OF President and VcePresdent; but
that no certificate be made out upon prior deter
mnatOn aud declaration Of the aforesaid Board or state
OF the person who shall have been elected as
may BE- shown by the returns Of several counties when
they nlone have power exclusively to canvass
That M L. sterns pretends that Governor OF
Florida he can issue the certificate aforesaid mdepen-
IDENTIFY and without the declaration and determination OF
the Board OF State Canvasses and purposes to do
unless restrained which said preense and assertion Of
authority IA wholly without warrant Of law.
That although the OF most OF the counties have
has been made by the qualified voters to him
and his associates forming said board TO pro-
ceed to canvass said returns, so far rs the same
have been received. that the fraud existing IN them
or connected with or attaching to them may be shown,
yet said Secretary has not issued any notice to those
forming the board that said duty may be begun ana
that said nacton may postpone said canvass TO time
I'm which It shall be impossible to have deliberate In
vestigaon of said returns and true declaration and de-
termination thereof
That such action on the part OF defendant VIII DE-
wholly Illegal and IL consummated and executed by him
will nurousy impair the rights Of the orators as cand-
dates for the offices OF electors OF President and Vice
President
The substance of the application for the writ of
mandamus to the canvassers is as follows:
That the returns OF the election from several counties
have been received by samuel b. McLn, Secretary OF
state OF these returns there those on file In the
office OF said Secretary which are Forged
and fraudulent in this, that they differ from
the returns made at the county canvass
and publicly known, said differences beng or having
been made in the votes cast and received for your pe
opers IN their injury and there are those which include
false enumeration Of qualified votes east at the several
places OF voting said counties, said false
enumeration being against the 'o'es cast
and received your petitioners and your petitioners
being duly qualified TO act electors OF President ana
President and believing tnat they were duly chosen
said Office at the dIOTtatlu nave
ouest IN writing to be made OF Samuel b. McLin secre
tary of State; C. A. Cowgirl, Controller OF Public Ac-
counts and VIM Archer Cooke Attorney General IN the
words and figures following;
To The Hon. slML. T. McKIS. Secretary of State C. A.
COwGIIL, Controller Of Public accounts, ana WM
ARCHER COOKE. Attorney General:
GENTLEMES: We request yOu as the board TO proceed
10 canvass the of the several counties wherein
nm election place for electors OF President and wee
Presdent on November 7, 1876, so far as the same
have been received We desire TO be informed OF inc
time place, that the frauds be shown when exst
in of them. As this proof may require some 'he me
Tor accurate determination, IL Is In oar Judgment Oh th
first Importance that you assign an carry aas 'at t
tine Executive, accordance with Section loO Oh tne
Revised Statutes of the United States may De
enabled ON Dee deliver to each elector chosen the
certificate which enables to SIT as an eectOr OF the
state on Wednesday o. 1876 required by Section
l3J of the Revised Statutes. -
Yours very respectfully, >. PAsCO
Chairman OF the State Executive Committee OF the Dem
oeratc Conservative Party OF Florida. Nov. Z, 1875.
That said parties have duly Acknowledged the receipt
of said writing, and said c. A. Cowgirl and W. Archer
Cooke have expressed their willingness to proceed.
Upon the above bill the Court ordered that the
Secretary OF State show cause, on Thursday next
why he should not summons the board to meet and
he